The Issue Whether there is just cause to terminate Respondent’s employment with the school district.
Findings Of Fact At all times material to this case, Respondent was employed pursuant to a professional services contract as an Exceptional Student Education (ESE) consultant at Haines City High School (HCHS). In her 20 years at HCHS, Respondent has also served as an ESE teacher, an English teacher, and a Reading teacher. Prior to this case, Respondent has not been disciplined. During the 2013-2014 school year, Respondent was assigned to a small office that she shared with the HCHS football coach, Ron Johnson, and another ESE teacher, Selma Gandy. In January 2014, a mathematics teacher, Sue Allemang, retired and moved to Virginia. Ms. Allemang and Respondent knew one another, and Respondent had Ms. Allemang’s telephone number. When spring football started that year, Coach Johnson asked Respondent to telephone Ms. Allemang to see if the mathematics teacher would agree to change a student’s grade that had been given in the fall term. According to Ms. Allemang, Respondent telephoned her and asked if the grade could be changed (presumably to improve the student’s grade point average). After a brief conversation, Ms. Allemang agreed that the student’s grade could be improved. Ms. Allemang’s agreement to raise the grade extended to one student. Thereafter, Respondent completed a grade change form for the student, indicated that Ms. Allemang had authorized the change, and signed the form before delivering it to Angela Allen, the terminal operator at HCHS, who was responsible for inputting data into the HCHS system. Although Ms. Allemang recalled authorizing changing a grade for one student, Respondent executed two forms for two of Ms. Allemang’s students so that grades could be improved. Between January 13 and May 7, 2014, Respondent delivered 15 grade change forms for students who were on the football team. In almost every instance the changes increased the students’ grades and would have thereby increased their grade point averages. Respondent did not feel that she had done anything wrong in delivering the grade change forms. She maintained that she was simply a messenger delivering forms as a courtesy to others because she was going to the office. Such testimony has not been deemed credible or persuasive. Respondent knew or should have known that, absent her conduct, the grades would not have been changed at the times they were. In fact, Respondent was the facilitator of the grade change for Ms. Allemang’s student because had she not initiated the telephone conversation there would have been no basis for the change. As it was, Respondent knew or should have known that the student whose grade was changed had done no additional work to merit the change as Ms. Allemang no longer taught at the school. Further, Respondent did not represent to Ms. Allemang that additional work (supervised by Respondent or another teacher) would support the grade change. Other teachers who have approved grade changes have done so based upon additional work required of the student. In this case, two of Ms. Allemang’s students did not perform additional work to support the grade changes. Moreover, Ms. Allemang only authorized the change for one student. The record established that Respondent completed grade change forms for two of Ms. Allemang’s students. Another teacher no longer employed at HCHS authorized a grade change for one of the football players. When Ms. Allen questioned Respondent about that change, Respondent claimed that Coach Johnson had obtained the signature from the former teacher to support the change. Whether additional work was required to support the grade change is unknown. During a normal school year, Ms. Allen processes grade change forms for approximately six students. In this case, Respondent submitted 15 grade change forms to Ms. Allen. One of the physical education teachers at HCHS was asked to change grades for athletes. Coach Johnson gave the teacher a list of the athletes needing improved grades. Before the teacher would agree to the changes, the students were required to complete extra work. Some ran laps or did other physical activities for extra credit. Some wrote essays or did other academic work. The teacher did not change the grades absent extra credit work done by the students. There was not an ongoing “culture of grade changing” at HCHS. Coach Johnson sought grade changes presumably to allow football players to be eligible to participate. Respondent assisted in obtaining the grade changes and should have known that grades should not be improved absent bona fide justification for the change. Respondent knew or should have known that changes without justification were inappropriate. Respondent demonstrated a lack of remorse or comprehension of the gravity of her behavior. Respondent’s willful indifference to the fundamental concept of how grades must be earned calls into question her education ethics.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Polk County School Board enter a final order finding Respondent guilty of misconduct and imposing such penalty as may be appropriate up to, and including, termination of employment. DONE AND ENTERED this 3rd day of April, 2015, in Tallahassee, Leon County, Florida. S J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April, 2015. COPIES FURNISHED: Mark S. Herdman, Esquire Herdman and Sakellarides, P.A. 29605 U.S. Highway 19, North, Suite 110 Clearwater, Florida 33761-1538 (eServed) Donald H. Wilson, Esquire Boswell and Dunlap, LLP 245 South Central Avenue Bartow, Florida 33830 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Pam Stewart, Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Kathryn LeRoy, Superintendent Polk County School Board 1915 South Floral Avenue Bartow, Florida 33830
The Issue Whether Respondent's educator's certificate should be subject to discipline for the violations alleged in the Administrative Complaint dated February 20, 2003.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing and the entire record of this proceeding, the following Findings of Fact are made: Respondent, Audrey Larson-Kalich (referred to herein as Ms. Kalich, as she was called by her students and fellow teachers), holds Florida Educator Certificate No. 711981, covering the areas of elementary education (grades 1-6), English to Speakers of Other Languages (ESOL), and primary education (grades K-3), which is valid through June 30, 2008. At all times relevant to this proceeding, Ms. Kalich was employed as a kindergarten teacher at Tillman Elementary School ("Tillman") by the Manatee County School District (the "District"). Ms. Kalich began her teaching career in Texas in 1981. She taught second, third, fifth, and seventh grades during a three-year period at a parochial school. After the 1983-1984 school year, she got married and took a hiatus from teaching. Beginning with the 1986-1987 school year, Ms. Kalich taught for seven years in the public school system of San Patricio County, Texas, the last four as a kindergarten teacher. Ms. Kalich left Texas after the 1992-1993 school year to join her husband in Manatee County, where he had commenced working at a position in the university system in March 1993. Ms. Kalich spent the next three years as a substitute teacher in the District, all the while seeking a full-time position. She performed well in a long-term substitute position at Braden River Middle School, teaching science to sixth and seventh graders. Ms. Kalich also substituted three different times at the Adolescent Recovery Center, a residential facility for students in rehabilitation for alcohol or drug abuse. Near the end of the 1995-1996 school year, while substituting at Tillman, Ms. Kalich learned of a full-time vacancy for a kindergarten teacher at that school. She applied for the position, though she knew that Tillman was a "very, very rough school." At the time, Tillman had a disproportionately large percentage of students with a lower socioeconomic background, learning disabilities, and difficulties complying with ordinary classroom discipline. As the 1996-1997 school year approached, the position remained unfilled. Ms. Kalich drove to Tillman to speak personally with Principal Gloria Mitchell and resolve lingering questions regarding her certification to teach kindergarten. After her certification was verified, Ms. Kalich was hired for the 1996-1997 school year. She taught at Tillman for five years. Principal Mitchell's evaluations of Ms. Kalich for the 1996-1997, 1997-1998, 1998-1999, and 1999-2000 school years were all "satisfactory." Ms. Mitchell's comments regarding Ms. Kalich's job performance stated that she "creates a positive learning environment" and is "always searching for new ways to improve student progress." Ms. Mitchell retired after the 1999-2000 school year. She was succeeded as principal by Patsy Roberson. An assessment document completed by Ms. Roberson during the 2000-2001 school year indicated that Ms. Kalich "consistently meets and/or exceeds district competency standards of performance." Paula Rosario was a kindergarten teacher at Tillman with Ms. Kalich. She and Ms. Kalich were personal friends, as well as colleagues. Ms. Rosario testified that she became increasingly alarmed at Ms. Kalich's classroom behavior during the 2000-2001 school year. As she walked down the hall, Ms. Rosario often heard Ms. Kalich yelling at her class, "Shut up. Just shut up." Ms. Rosario discussed this behavior with Ms. Kalich, urging her to lower her voice and to ask for help with her class if she needed it. Dawn Stewart, a kindergarten teacher at Tillman whose classroom shared a wall with Ms. Kalich's, testified that she often heard Ms. Kalich raising her voice, even "yelling at the top of her lungs," and telling her class to "shut up." Karen Ammons, currently the magnet coordinator at Tillman, was assigned as Ms. Kalich's "peer teacher" when Ms. Kalich was hired. A "peer teacher" advises a new teacher during her probationary period. Prior to the 2000-2001 school year, Ms. Ammons had advised Ms. Kalich not to grab students. Ms. Ammons testified that there are ways of moving a child from one place to another without grabbing the child's arms, which the child can perceive as malicious. Ms. Ammons also advised Ms. Kalich against yelling at her students. Ms. Ammons believed that yelling at children is counterproductive because children tend to respond better to a calm, quiet voice. This opinion was supported by Ms. Rosario, who advised Ms. Kalich to be "fair, firm, and friendly" when trying to establish order in her classroom. Ms. Rosario also testified that if a situation in the classroom appeared to be escalating to the point where physical restraint would be necessary, she would phone the office for assistance. Ms. Stewart testified that if a child is out of control, she moves the other children away from the flailing child and calls for assistance from an administrator. Carolyn Furnbach, another teacher at Tillman, testified that she would call for help before attempting to physically restrain a student, even though she had been trained in safe methods of restraint. Ms. Ammons testified that during the 2000-2001 school year, she saw Ms. Kalich trying to line up her class in the hallway. Ms. Kalich's class was a loud, boisterous group, and Ms. Kalich was being very loud in trying to lay down the rules. Ms. Ammons saw Ms. Kalich grab one little boy by the arm and jerk him back into line. She then bent down and started talking to him very loudly, putting her finger near his face. The rest of the class became louder, seeing that Ms. Kalich was occupied with this boy. Ms. Ammons intervened and calmed the class down. After school, Ms. Ammons discussed the matter with Ms. Kalich. Ms. Ammons told Ms. Kalich that she could not handle children in that manner. Ms. Kalich claimed not to know what Ms. Ammons was talking about. At the hearing, it was established that the practice among the Tillman kindergarten teachers was to defuse emotional disciplinary situations by sending the offending student to a different classroom for a "time out." Ms. Rosario was the "team leader" for the Tillman kindergarten teachers and offered her classroom as the "time out" room for any teacher who needed a break from a certain student. Ms. Rosario testified that, while other teachers would send their "time out" students down to Ms. Rosario's classroom, Ms. Kalich often dragged them in by the arm. Ms. Rosario told Ms. Kalich to take her hands off the students, and that it was improper to pull on students' arms. D.W. was a female student in Ms. Kalich's class during the 2000-2001 school year. She was prone to throwing tantrums. She would freeze herself to one spot or fall to the ground kicking, screaming, flailing her arms, and refusing to be moved. Children in D.W.'s vicinity during one of these tantrums were likely to get kicked or hit by D.W.'s flailing arms. Ms. Rosario witnessed Ms. Kalich carrying or pulling D.W. into Ms. Rosario's classroom for "time out." Ms. Rosario conceded that D.W. was a "challenging" child and that Ms. Kalich had great difficulty in getting D.W. to listen or follow her classroom rules. Once in Ms. Rosario's room, D.W. would calm down and comply with Ms. Rosario's instructions. Ms. Rosario never asked D.W. about events leading to her being sent to Ms. Rosario's classroom, because her immediate goal was to get D.W. under control. Ms. Rosario testified that neither D.W. nor any other student sent to her class by Ms. Kalich ever reported abuse by Ms. Kalich. Prior to May 29, 2001, D.W. and Ms. Kalich had several confrontations that led either to allegations of abuse against Ms. Kalich or discipline against D.W. On April 10, 2001, D.W. alleged that Ms. Kalich hit her on the hand with a book. Assistant Principal Deborah Houston removed D.W. from the classroom pending an investigation of the allegation. After interviewing several teachers and a student, Ms. Houston determined that the allegation could not be sustained, and she returned D.W. to Ms. Kalich's classroom. On April 23, 2001, D.W. refused to report to a "time out" classroom and, later, pushed another child in the lunch line. When Ms. Kalich came near her in the lunch line, D.W. bit Ms. Kalich. Ms. Houston conferred with D.W.'s mother and imposed a three-day in-school suspension on D.W. On May 23, 2001, D.W. called Ms. Kalich "an ugly bitch," when Ms. Kalich told her to go to another classroom for a "time out." On this occasion, Ms. Houston imposed a two-day out-of-school suspension on D.W. Ms. Kalich testified at length concerning the events of May 29, 2001. This was the next to last day of the school year, and the children were therefore in a higher state of agitation than usual. Ms. Kalich was preparing her class to go out for physical education ("PE"). She called the children by name to line up in the classroom before walking down the hallway. When D.W.'s turn came to line up, she was displeased with her position and began pushing other children to make her way to the front of the line. Ms. Kalich ordered D.W. to go to the end of the line. D.W. refused. Ms. Kalich then informed D.W. that, if she would not go to the end of the line, she would walk to PE alongside Ms. Kalich. D.W. commenced a tantrum, throwing herself on the floor. She lay on her stomach, flailing her hands, and kicking her feet. Ms. Kalich closed the classroom door to minimize the disturbance to other classes. She then got down on her knees beside D.W. and rested her hands on D.W.'s calves and feet to stop her from kicking. She kept her hands in that position for "a few minutes," until D.W. calmed down. Ms. Kalich conceded that the position of her hands might have made it look as though she were dragging D.W. by the legs, but she denied dragging the child. After D.W. quieted down, Ms. Kalich helped her to her feet. They started out the door, with Ms. Kalich holding onto one of D.W.'s hands. As they went out the door, D.W. began hitting other students with her free hand. Ms. Kalich took both of D.W.'s hands and clasped them between her own, and in that way they walked down the hallway and outside the building. Another of Ms. Kalich's students, J.Q., was carrying a chair outside because she was to be disciplined with a "time out," while the rest of the class took PE. As Ms. Kalich and D.W. were rounding a corner outside the building, J.Q. dropped the chair, creating a loud crashing sound. Ms. Kalich testified that just as she was distracted by the crash, D.W. jerked away from her grip and hit her head on the wall. D.W. began to cry and ran away to the corner of a fenced area outside the school. Ms. Kalich joined Ms. Stewart in checking to see if J.Q. was hurt. After she was assured that J.Q. was not hurt, Ms. Kalich told the child, "That's what you get for acting silly." Ms. Kalich turned her attention back to D.W., ordering her back into the line. D.W. refused to come. Ms. Kalich testified that she told D.W., "Then I will go to the office and tell them you're not coming back." The PE coach, Michael VanSerke, came out and helped Ms. Kalich move D.W. from the corner to the PE area. Coach VanSerke told Ms. Kalich that he would have two of his first grade "helpers" take D.W. to a classroom for "time out" during the PE class. Ms. Kalich was skeptical that two first grade boys could handle D.W. She saw D.W. approach one of the boys and try to kick him. Ms. Kalich interceded. She carried D.W. under the arms and, with the help of the two first grade helpers, got D.W. to the "time out" classroom. Ms. Stewart's version of the events of May 29, 2001, was very different. Ms. Stewart walked with Ms. Kalich because some of the children in her class went to PE at the same time as Ms. Kalich's class. Ms. Stewart testified that she looked in the doorway of Ms. Kalich's class and saw D.W. sitting on the floor, flailing her arms and crying, refusing to get up. Ms. Kalich grabbed D.W. by the ankles and dragged her out of the room. Ms. Stewart asked Ms. Kalich if she needed help, but Ms. Kalich said she did not. Ms. Stewart recalled that J.Q. dropped the chair on her foot and was crying. Ms. Kalich still had D.W. by the arm, and D.W. was still flailing. Ms. Kalich jerked D.W.'s arm, presumably to make her stop flailing, and the child's head hit the wall and she began to cry. Ms. Stewart did not believe that Ms. Kalich deliberately pushed D.W. into the wall. Ms. Stewart recalled Ms. Kalich telling D.W. "something like, 'You never need to come to school again.'" Carolyn Furnbach, another teacher at Tillman, witnessed the portion of the incident that occurred outside. She recalled that there was "a lot of commotion" and that Ms. Kalich "had the child by the arm and was pulling her quite forcibly." Ms. Furnbach was concerned for D.W.'s safety. D.W. testified at the final hearing. She recalled being pushed into the wall by Ms. Kalich but could offer no further details of the incident. Ms. Stewart's testimony is credited as to Ms. Kalich dragging D.W. out of the classroom. Ms. Kalich's testimony that she was merely resting her hands on D.W.'s calves to calm her is not credible for several reasons. First, given the general descriptions of D.W.'s tantrums involving flailing arms and wildly kicking legs, it is not credible that Ms. Kalich's resting her hands on the child's calves would have the effect claimed by Ms. Kalich. Second, Ms. Kalich's placing her hands on the child's legs would not stop D.W.'s flailing arms. Third, it is not credible that Ms. Stewart would mistake hands resting on the child's calves for the act of dragging the child out of the classroom. Fourth, it is not credible that the rest of the class would stand by quietly for the "few minutes" Ms. Kalich claimed it took her to calm D.W. Ms. Stewart's testimony is credited as to Ms. Kalich's causing D.W.'s head to hit the wall. Ms. Stewart's testimony was bolstered by that of Ms. Furnbach, who also saw Ms. Kalich pulling on D.W.'s arm. Ms. Kalich's testimony is credited as to her statement to D.W. after the incident. Ms. Stewart's recollection of that statement was not precise and could have been consonant with Ms. Kalich's version of her statement. It is found that Ms. Kalich was trying to obtain D.W.'s cooperation by threatening to tell the office that D.W. was not coming back to school, not telling the child not to come back to school. Ms. Rosario did not witness the May 29 incident, but afterwards Ms. Stewart and Ms. Furnbach came to her, as their kindergarten team leader, with their concerns about Ms. Kalich's handling of D.W. Ms. Rosario advised them to go to Principal Roberson with their concerns. Ms. Roberson asked all three of the teachers to submit written statements outlining their observations of, and concerns about, Ms. Kalich's behavior in the classroom. Ms. Rosario opined that Ms. Kalich is a "great person" and a caring, hard-working teacher, but that she was teaching in the wrong school, because Tillman students are "hard on you." Ms. Rosario noted that there are many special needs children at Tillman, including some from bad homes and some who were "drug babies" or "fetal alcohol children." Because they have just started school, many of these children have not yet been identified for special services. Ms. Rosario stated that she would not send her own children to Tillman. She believed that Ms. Kalich tried everything she knew to deal with her students, but that nothing in Ms. Kalich's education or background prepared her for the type of students she encountered at Tillman. Ms. Furnbach testified that Tillman is a school with a "tough group" of students, many of whom have behavioral problems. She believed that Ms. Kalich always had the right intentions, was a good instructor, and cared about her students. Ms. Furnbach believed that Ms. Kalich should receive some help in classroom management and dealing with problem students before returning to Tillman or that she be assigned to work with less challenging students. Lisa Revell, another kindergarten teacher at Tillman, worried that Ms. Kalich was "too nice" to be working in the Tillman environment. Ms. Mitchell, the former principal, commented that certain children were able to take advantage of Ms. Kalich. In summary, the Department demonstrated by clear and convincing evidence that Ms. Kalich repeatedly yelled at the children in her kindergarten class, telling them to "shut up"; and that on May 29, 2001, Ms. Kalich dragged D.W. from the classroom by her ankles, pulled her by the arm, and jerked her arm in a manner that caused D.W.'s head to hit an outside wall. The evidence did not establish that Ms. Kalich told D.W., "You don't need to ever, ever come back to school again," or words to that effect. The evidence did not establish that any of Ms. Kalich's actions were motivated by malice or an intent to abuse the children. To the contrary, even those teachers who testified against Ms. Kalich spoke highly of her dedication and desire to provide the best possible educational environment for her students. The evidence established that Ms. Kalich was ill- equipped to deal with the unique needs of the student population at Tillman and that, in her desperation to maintain order, she would resort to yelling and rough handling of young children. Ms. Kalich submitted several letters attesting to her good character and her quality as a teacher. These have been considered, but are beside the point. Ms. Kalich's good character is not at issue. Specific acts were alleged. Eyewitnesses testified that they observed these acts, even as they continued to believe that Ms. Kalich was a person of good character who sincerely cared about the children in her charge. Grabbing students, jerking them by the arms, dragging them by the ankles, yelling at them, all are improper means of maintaining order in the classroom. Ms. Kalich's inability to cope with the behavior of the children in her classroom evokes some sympathy, but it must be noted that the other kindergarten teachers at Tillman managed to keep order in their classrooms without resort to such abusive methods.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued finding that Respondent violated the provisions of Florida Administrative Code Rule 6B-1.006(3)(a) and (e). It is further RECOMMENDED that a final order be issued providing that a written reprimand be placed in her certification file and placing her on a two-year period of probation, subject to such conditions as the Commission may specify, including classroom supervision by another certified educator and completion of appropriate college courses in classroom management. DONE AND ENTERED this 9th day of January, 2004, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 2004.
The Issue The issue in this case is whether the Education Practices Commission (EPC) should discipline the Respondent, Bruce R. Ferko, on charges set out in an Administrative Complaint that he was alcohol intoxicated on and off the job as an elementary school teacher, was convicted of driving under the influence of alcohol (DUI), once falsely represented to the administration at his school that he was unable to teach because he was in the emergency room of a hospital when he was in fact in the county jail on (DUI) charges, and was guilty of personal conduct which seriously reduced his effectiveness as a teacher, in violation of Section 231.28(1)(c), (e), (f) and (h), Fla. Stat. (1989).
Findings Of Fact The Respondent, Bruce R. Ferko, held teaching certificate number 553660 issued by the Florida Department of Education, covering elementary education, at all times material to the allegations of the Administrative Complaint, until it expired on June 30, 1990. From approximately August, 1986, until approximately March, 1990, the Respondent was employed as a teacher at Southern Oak Elementary School in the Pinellas County School District. On July 11, 1988, the Respondent was arrested for driving under the influence of alcohol (DUI), fleeing and eluding a police officer, and driving with a suspended license. He pled guilty to the charges on August 30, 1988, and was sentenced to 30 days in the county jail, which was suspended, was fined a total of $382, was ordered to pay a total of $425 of court costs, was required to attend DUI school, and was placed on six months probation on two of the charges, to run concurrently. On several occasions during the 1988/1989 and 1989/1990 school years, the Respondent arrived at school with a smell of alcohol on his breath that was strong enough for at least four different employees at the school to have noticed on different occasions. When the smell was brought to the Respondent's attention, he sometimes would excuse himself to brush his teeth. On or about May 24, 1989, a fellow teacher with whom the Respondent team taught third grade in the 1988/1989 school year, noticed a very strong smell of alcohol on the Respondent's breath. The teacher was concerned and reported it to the school's assistant principal. The assistant principal consulted with the School District's chief personnel officer, who advised the assistant principal to have a conference with the Respondent about it this time. The Respondent admitted that he had been drinking the night before, had about five drinks, and did not eat breakfast. (Later, the assistant principal learned that he had been out until 2:00 a.m. that morning.) The assistant principal decided to send the Respondent to get something to eat and had to make arrangements to cover the Respondent's classroom responsibilities in the meantime. The Respondent often was late for school, especially during the 1988/1989 and 1989/1990 school years. Sometimes, he would take a shower at school when he arrived; sometimes, he would brush his teeth when he arrived at school. Once, after arriving late, the Respondent told an improbable tale of how his car broke down, requiring the Respondent to jump out and fall on his knee (although his white pants showed no evidence of this). Later the same day, the Respondent lay on top of another teacher's desk, in front of the teacher, and acted as if he was going to sleep. On January 17, 1990, the Respondent came to school late with the strong smell of alcohol on his breath and brushed his teeth when he arrived. While leading his class either to or from physical education class, the Respondent was heard singing "at the top of his lungs" This inappropriate behavior disrupted the classes being held nearby. The evidence was insufficient to causally connect the unusual behavior described in Finding 6, above, to the Respondent's use of alcohol. On the morning of October 12, 1989, the Respondent called the school office to arrange for a substitute classroom teacher to take his place for the morning. He reported that he was in the hospital emergency room and was spitting blood. The Respondent was asked if he was sure he only needed a substitute for the morning and was asked to call again if he would not be able to be in that afternoon. The Respondent neither called nor appeared for work the rest of the day, and last minute attempts had to be made to find a substitute for the Respondent for his afternoon classes. That evening, between 10:00 and 11:00 p.m., the Respondent telephoned the school secretary at home to ask if he was in trouble. He gave the excuse that he was lying on a table in the emergency room all morning having a barium enema and was not permitted to get up to call the school to get a substitute for the afternoon. Later, school officials learned that the Respondent had not been at the hospital that morning but rather, in fact, had been arrested earlier on the morning of October 12, 1989, and was in the Pinellas County Jail. (The evidence at the final hearing did not specify the charges or their disposition.) On the morning of October 24, 1989, the Respondent was scheduled to take his class on a field trip to Ruth Eckerd Hall, a performing arts center in Clearwater, with the other third grade class. The Respondent was late for school again, so late that the field trip almost had to be cancelled. He arrived with the strong smell of alcohol on his breath and complaining of a headache. When the bus arrived at Ruth Eckerd Hall, the Respondent jumped off and, inappropriately, headed across the busy parking lot toward the building well ahead of the children in his class, who were hurrying to try to keep up with him. The other third grade teacher was concerned for the safety of the children in the Respondent's class and had to take some of the stragglers from the Respondent's class, of whom the Respondent appeared oblivious, under her care for their safety. When the Respondent returned to school after the field trip, still complaining of a headache, he inappropriately yelled at one of the children in his class for not being appropriately dressed for Ruth Eckerd Hall, upsetting the child. On November 11, 1989, a Pinellas Park Police Department patrol officer saw the Respondent in his car weaving down the street and running a stop light. The officer attempted to stop the Respondent, who sped off in his car, leading the officer on a two mile chase at 60 miles per hour, 20 mile per hour over the legal speed limit, that ended in the driveway of the Respondent's residence. The Respondent resisted arrest (without violence), saying that he did not want to go back to jail because he would lose his job. The patrol officer had to call for back up assistance, and it took three officers to take the Respondent down to the ground to handcuff and arrest him. Although the Respondent's breathalyzer showed 13 to 14 percent blood alcohol, there was no evidence whether the breathalyzer was properly calibrated. However, the Respondent failed all four field sobriety tests, and it is found that he was intoxicated at the time of his arrest. Criminal charges are pending against the Respondent. He has failed to appear for criminal court proceedings, and there is an outstanding warrant for his arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission enter a final order finding the Respondent, Bruce R. Ferko, guilty as specified in the Findings of Fact and Conclusions of Law and imposing the sanction that he be barred from applying for a new teacher certificate for a period of two years. RECOMMENDED this 18th day of February, 1991, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of February, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-5822 To comply with the requirements of Section 120.59(2), Florida Statutes (1989), the following rulings are made on the Petitioner's proposed findings of fact (the Respondent not having filed any): 1.-2. Accepted and incorporated. Rejected in part as not proven. There was no evidence to prove the third and fourth sentences. Otherwise, accepted and incorporated to the extent not subordinate or unnecessary. Accepted and incorporated. 5.-10. Accepted but subordinate, mostly to facts found. 11. Accepted and incorporated. 12.-21. Accepted but subordinate, mostly to facts found. Rejected as not proven. The witnesses were not clear as to the Respondent's contract status, and there was no evidence to prove the rest of the proposed finding. Accepted and incorporated to the extent not subordinate or unnecessary. COPIES FURNISHED: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Mark S. Herdman, Esquire Kelly & McKee, P.A. Post Office Box 75638 Tampa, Florida 33675 Bruce R. Ferko 109 Collier Place, Apt. 2C Cary, North Carolina 27513 George A. Bowen Acting Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Program Director Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Jana Marie Lantz (Respondent) committed the violations alleged in the Amended Administrative Complaint filed by Gerard Robinson, as Commissioner of Education (the Commissioner) on April 24, 2012, and, if so, the discipline that should be imposed by the Education Practices Commission (EPC) against Respondent's educator certificate.
Findings Of Fact Respondent holds Florida Educator Certificate 725822, covering the areas of Athletic Coaching, Biology, Earth-Space Science, Physical Education, and Social Science. Respondent's Certificate is valid through June 30, 2013. The Commissioner is the head of the state agency responsible for certifying and regulating public school teachers in the State of Florida. At all times relevant to this proceeding, Respondent was employed as a Science Teacher at TJMS, which is a public school in the Miami-Dade County School District (the District). At all times relevant to this proceeding, Respondent served as a steward at TJMS for United Teachers of Dade (UTD). On January 4, 2011, a "parent conference" was scheduled for early morning with the guardian of two students enrolled in TJMS. Ms. Kushi (an assistant principal) scheduled the meeting. Eight teachers were scheduled to attend the meeting. Respondent taught one of the students and, consequently, attended the meeting. Respondent briefly met with the guardian in the hallway before the door to the meeting room was unlocked. The guardian, Respondent, and several other teachers entered the meeting room after Ms. Kushi unlocked the door to the meeting room. Ms. Kushi then left the meeting room to remind the teachers who were not present to come to the meeting. As Respondent was reviewing her student's progress with the guardian, Ms. Weiner (a teacher) interrupted and began speaking with the guardian. Ms. Kushi returned to the meeting room at that time and also interrupted by commenting on make-up work for one of the students. Respondent became very angry. Respondent commented that she had been interrupted and that the meeting was a waste of her time. Ms. Kushi directed Respondent to sit down. Respondent refused, gathered her papers, and angrily left the meeting room. What happened next is in dispute. There is no dispute that the door to the meeting room had been propped open by a chair. Respondent testified that as she was leaving the meeting room, she tripped on the chair, fell to the floor, and hurt herself. She further testified that she pulled herself up and stood the chair up in the middle of the hallway. Respondent's version of the events is contrary to the clear and convincing evidence presented by Petitioner and is, consequently, rejected. Petitioner established, by clear and convincing evidence that Respondent picked up the chair and threw it down the hallway.2 Mr. Chiles (guidance counselor) and Mr. LaCouty (assistant principal) were in the hallway walking in a direction that had their backs to Respondent when Respondent entered the hallway. Upon hearing a noise, they turned around and saw Respondent standing in the hallway and the chair sliding away from her. Mr. LaCouty asked Respondent, "What was that?" Respondent walked toward the exit and responded, "It's what you think." Mr. LaCouty stated, "Ms. Lantz, you threw a chair down the hallway." Respondent replied, "Please," and left the building. Mr. LaCouty informed Ms. Fernandez (principal) of the incident. Later that day, Ms. Fernandez and Mr. LaCouty met with Respondent to discuss the incident. Ms. Fernandez asked Respondent why she had thrown the chair down the hall. Respondent responded that it was "better than hitting her upside her head." The reference to "her" was to Ms. Kushi. During this meeting, Respondent became angry. Respondent told Ms. Fernandez that she did not want Mr. LaCouty to be present at the meeting because she "didn't trust him to throw out my trash." Respondent at one point jumped to her feet and made an aggressive move toward Mr. LaCouty. Respondent made derogatory and insulting comments directed towards Ms. Fernandez and Mr. LaCouty. Respondent likened Ms. Fernandez to "Castro," and asked if this is a "communist country." Ms. Fernandez, a Cuban-American, was insulted by Respondent's comments. Respondent's conduct on January 4, 2011, as described above, constituted misconduct that impaired her effectiveness as a school board employee. On November 2, 2011, Respondent, Ms. Martillo (assistant principal) and Ms. Fernandez met to discuss Respondent's use of e-mail for UTD business. During that meeting, Respondent became very angry and called Ms. Fernandez a "racist pig." As she exited the office, Respondent angrily yelled "I am tired of dealing with you three pigs," referring to three administrators in the office. Respondent's comments were rude, insulting, and unprofessional. On November 4, 2011, Mr. LaCouty asked Respondent to leave a Leadership Team Meeting because Respondent was not a member of the team. In response, Respondent shouted to Mr. LaCouty: "I will not rest until I have you arrested." On November 15, 2011, Respondent disrupted a meeting being led by Mr. LaCouty to name the TJMS Teacher of the Year and Rookie Teacher of the Year. Respondent called Mr. LaCouty a bully, and asserted that she was his superior (because of her position in UTD). Respondent's repeated name-calling of administrators as described above, constituted misconduct that impaired her effectiveness as a school board employee. Ms. Fernandez has reprimanded Respondent for her misconduct on at least two occasions.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Educational Practices Commission enter a final order finding Respondent guilty of the violations alleged in Counts 1, 2, 3, 5, and 6 of the Amended Administrative Complaint. It is further recommended that the final order suspend Respondent's Florida Educator's Certificate for a period of one year to be followed by a three-year period of probation, with both the suspension and the probation to be subject to terms and conditions imposed by the Commission. It is further recommended that Respondent be required to pass a fitness for duty evaluation prior to reemployment in a position that requires an educator's certificate. DONE AND ENTERED this 7th day of November, 2012, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of November, 2012.
The Issue The issue is whether the Petitioner is entitled to receive a Florida Educator's Certificate, or whether he should be denied a certificate based on the allegations in the Amended Notice of Reasons dated January 30, 2006.
Findings Of Fact Petitioner, Allen Dubois, (Petitioner or Mr. Dubois) received his bachelor's degree in physical sciences and chemistry, with a minor in mathematics in 1972. From 1972 to 1992, he worked for the United States Postal Service and as a tennis instructor. In 1992, Mr. Dubois received his master's degree in health education and nutrition, and began teaching in New York City high schools. Mr. Dubois was licensed to teach in New York with a certificate of qualification (CQ), the equivalent of a provisional or temporary teaching certificate. In New York, the CQ differs from other types of temporary teaching certificates only because it allows someone who may not be teaching full-time to have additional time to meet the requirements to secure a permanent teaching certificate. In April 1994, Mr. Dubois filed an application with New York State Education Department for a permanent certificate to teach biology and general sciences in grades 7-12. In March 1994, a sixteen-year old female student alleged Petitioner had engaged her in an inappropriate relationship and forced her to have sexual intercourse with him. Mr. Dubois was placed on paid leave through the end of the school year, June 1994. Mr. Dubois denied the allegations, and continues to maintain the allegations are false. He does admit to having had several conversations with the student that made him feel "uncomfortable," that included information about her mother's boyfriend and her showing him pictures of her baby. He concedes that, on a Friday evening following a sports event at the school, she walked with him some distance from the school to his parked car and that he offered her a ride. Mr. Dubois said that as she was getting in the car, "[w]e saw the bus coming and then she decided to take the bus." Mr. Dubois admitted calling the girl's house a day or two after he offered her a ride, but stated that she was not there and he talked to her grandmother. After that, Mr. Dubois continued to have conversations with a member of the girl’s family. The allegations were investigated and presented to a grand jury that, in October or November 1994, failed to indict Mr. Dubois. After he was fired from his job as a teacher by the Board of Education of New York City, Mr. Dubois apparently did not pursue the matter at a hearing, as he could have, but instead moved to Florida in December 1994, where he has lived since then. When he first came to Florida, Mr. Dubois was employed with the State Department of Labor and Employment Security. Among other duties, Mr. Dubois provided seminars and workshops on how individuals could file applications for employment with the State of Florida. Since that time, he has gone on to work for another state agency and, at some time, also taught at a community college in St. Lucie County. On July 22, 2003, Mr. Dubois filed an application for a Florida Educator's Certificate. On the application, he listed his teaching experience in New York City. Question #29 on the application is titled "Revocation" and requires a yes or no response to the following question: "Have you ever had a teaching certificate revoked, suspended or denied by any state, or is there any action pending against your certificate or application? If YES, you must give the state, reason, and year in which your certificate was revoked, suspended, denied, or in which action is pending against your certification or application." Petitioner answered "no" to the question. A letter, dated October 3, 1995, from New York City investigators to the New York State Commissioner of Education indicated that Mr. Dubois was “. . . currently suspended from service.” There is no evidence that the City had the authority to suspend his certificate. In fact, the letter was intended to give notice to the State so that it could take disciplinary action against the certificate. On June 12, 1996, the Commissioner of Education of the State of New York filed a Notice of Substantial Question as to Moral Character, charging Mr. Dubois with having sexual intercourse with the sixteen-year old female student on or about March 25, 1994. The Notice offered an opportunity for a hearing, if requested within 30 days. Mr. Dubois received the Notice, but testified that he did not recall responding to it. He did recognize a letter, in his hand writing, that he must have written on or about September 26, 1996, ". . . acknowledging that New York is questioning my moral character" and asking the New York authorities to contact the attorney who handled the criminal charges against him. Mr. Dubois testified that he had a telephone conversation, in 1998, with an attorney for the New York State Department of Education, who indicated that he had been unable to contact the criminal attorney who previously represented Mr. Dubois. Mr. Dubois testified that, ". . . it was not my intention to pursue a teaching license in New York. At that point in 1998 I was not inclined to want to become a public school teacher." As a result of the telephone discussion, Mr. Dubois entered into an agreement with the New York State Education Department that provides as follows: This is written confirmation of the fact that the parties have agreed to settle this matter and not proceed to a hearing under the provisions of Part 83 of the regulations of the Commissioner of Education. The Education Department will withdraw the Part 83 charges now pending against Allen J. DuBois in return for the surrender of his certificate of qualification of a teacher of biology and general science 7-12 and the withdrawal of his pending application for permanent certificate in the same areas. Allen J. DuBois, by this agreement, neither admits nor denies the allegations in the Notice of Substantial Question dated June 12, 1996, but acknowledges that he is unable to defend against them at this time. Upon surrender, the Department will notify all licensing and credentialing agencies and jurisdictions who participate in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and advise them of the surrender and withdrawal but will not otherwise disclose nor make public the contents of this agreement or the charges contained in the Notice unless required by law or upon an order of a court of competent jurisdiction. Allen J. DuBois reserves his right in the future to apply to the Education Department for certification as a teacher in biology and general science 7-12 or any other area and will be held harmless from any changes in the educational requirements subsequent to the date of this agreement. However, in the event he makes application for certification in the future, the Education Department reserves its rights under Part 83 of the Regulations including the right to hold a hearing on the issues raise in the Notice. In furtherance of this agreement, Mr. DuBois, shall forward the original certification document to the education department within thirty (30) days or, if said document cannot be located, then he will provide a written statement to that effect. As provided in the agreement, the State of New York filed a form with NASDTEC, reporting that the nature of its action on the CQ was a denial. There is no evidence that Mr. Dubois received a copy of the document. Concerning the agreement, Mr. Dubois said, in his deposition, that he felt “railroaded” into signing it without legal advice, and that (although explicit in the agreement) he did not know that there would be a report to some national network that might keep him from ever getting a teaching job any place in the United States. The NASDTEC document that appeared to contradict the information on his application was received by Respondent, prompting a further investigation of his Florida application. Mr. Dubois testified that he answered "no" to Question 29 on the application because he never had a permanent teaching certificate in New York. He denied that he thought his "provisional status" constituted a certificate. He claimed not to ". . . know that New York City passed something on to New York State," although the agreement he signed was with state authorities. In any event, based on the fact that the CQ was surrendered and the application for a permanent teaching certificate was withdrawn, Mr. Dubois maintains that he did not have to respond affirmatively to the question that was so narrowly worded as to only ask about certificates that were "revoked, suspended or denied" and suggested that "[m]aybe the State of Florida . . . needs to reword the questions on the application. " In an Amended Notice of Reasons dated January 30, 2006, Respondent notified Mr. Dubois that the Department of Education intended to deny his application for a Florida Educator's Certificate. The Amended Notice of Reasons cited six statutory violations and four rule violations as grounds for the denial: Statute Violations Count 1: The Applicant is in violation of Section 1012.56 (2) (e), Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. Count 2: The Applicant is in violation of Section 1012.56(12)(a), Florida Statutes, which provides that the Department of Education may deny an Applicant a certificate if the department possesses evidence satisfactory to it that the Applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate. Count 3: The Applicant is in violation of Section 1012.795 (1)(a), Florida Statutes, in that he obtained or attempted to obtain an educator's certificate by fraudulent means. Count 4: The Applicant is in violation of Section 1012.795 (1)(c), Florida Statutes, in that he has been guilty of gross immorality or an act involving moral turpitude. Count 5: The Applicant is in violation of Section 1012.795(1)(f), Florida Statutes, in that he has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. Count 6: The Applicant is in violation of Section 1012.795 (1)(I) [sic], Florida Statutes, in that he has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. Rule Violations Count 7: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(a), Florida Administrative Code, in that Applicant has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety. Count 8: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(e), Florida Administrative Code, in that Applicant has intentionally exposed a student to unnecessary embarrassment or disparagement. Count 9: The allegations of misconduct set forth herein are in violation of Florida Administrative Code Rule 6B-1.006(3)(h), in that Applicant has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment of discrimination. Count 10: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(h), Florida Administrative Code, in that Applicant has exploited a relationship with a student for personal gain or advantage. Respondent offered no competent evidence that Mr. Dubois engaged, as alleged by New York authorities, in any inappropriate relationship with a student and forced her to have sexual intercourse with him. One of Respondent's witnesses testified that she believed the alleged victim has been located and would be available to testify, if needed, but that was not done. Respondent offered no competent evidence that Mr. Dubois' answer to Question 29 was an intentional fraudulent misrepresentation. Mr. Dubois was not credible when he asserted, in a 2006 deposition, (1) that he thought his CQ was not a teaching certificate, (2) that he did not expect New York City to pass information to New York State (although he signed the agreement with the State), or (3) that he was not aware that a report would be sent to a national network. He is correct, however, that the CQ was surrendered and the application was withdrawn, in exchange for not having an action against him proceed to hearing. Because he has no current certificate of application, there is also no action pending against either of these. Without having to answer yes to Question 29, Mr. Dubois did not have to give information concerning the matters that could be the subject of a hearing only if he ever again applies to teach in New York.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is RECOMMENDED that Petitioner be issued a Florida Educator's Certificate. DONE AND ENTERED this 19th day of December, 2008, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 2008. COPIES FURNISHED: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater, Florida 33761 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issues are whether Respondent committed the acts alleged in the Administrative Complaint, and, if so, what penalty, if any, should Petitioner impose on Respondent's teaching certificate.
Findings Of Fact Petitioner is the state agency responsible for certifying and regulating public school teachers in Florida. Respondent is authorized to teach mathematics pursuant to Florida Educator's Certificate No. 793778. The certificate is valid through June 30, 2005. At all times pertinent hereto, Respondent was employed as a math teacher at the Discovery Academy in the Polk County School District (Discovery). Discovery was formerly known as the Lake Alfred Middle School. Student C.H. first attended Discovery in the fall of 1997 as a sixth-grade student and continued at Discovery for approximately two and one half years. In the sixth grade, C.H. was assigned to a math class taught by Respondent. During the sixth grade, Respondent issued C.H. a referral on one occasion for being out of her designated area, but did not discipline C.H. on any other occasion while C.H. attended Discovery. Respondent did not teach C.H. in either the seventh or eighth grades. Sometime in November 1999, when C.H. was in the eighth grade at Discovery, Respondent called C.H. out of her gym class. The gym teacher allowed C.H. to leave and sent another student with her who needed to use the restroom. While the other student was using the restroom, Respondent and C.H. entered an empty classroom. Respondent leaned against a table, within reach of C.H., stated that he was watching C.H. from the window and that she was "looking good." Respondent then grabbed C.H. by the waist and forced a kiss onto the lips of C.H. Respondent attempted to "stick his tongue" into the mouth of C.H. C.H. backed away and returned to her gym class. Later in the week, C.H. reported the incident to an assistant principal. As a result of Respondent's conduct, the administration at Discovery granted C.H. a transfer to a different middle school. The report of the incident and transfer to another middle school did not result in the circulation of rumors among the students or other adverse notoriety. During the 2001-2002 school year, student K.V. was in the eighth grade at Discovery. K.V. met Respondent through another teacher while socializing in the school courtyard in the mornings before classes began. Respondent never taught K.V. in any of his classes and never disciplined K.V. for any reason. Discovery conducted its commencement ceremony for the 2001-2002 school year on May 21, 2002, the last day of that school year. K.V. arrived approximately 30 minutes early to meet a friend to prepare for the commencement ceremony. K.V. walked across campus to meet her friend and encountered Respondent and a male student of Respondent. At Respondent's request, K.V. agreed to accompany Respondent to his classroom to sign his yearbook. The classroom was empty. The male student placed his belongings on a desk and left the classroom for the basketball court. Respondent and K.V. were alone in the classroom. K.V. noticed a series of photographs of Respondent and his family on a table in the corner of the classroom. While K.V. was looking at the photographs, Respondent approached K.V. from behind, leaned back on a table that was behind him, and pulled K.V. onto his lap. Respondent said to K.V. that he "would get with" her "small waist and big hips . . . any day." K.V. immediately pulled away from Respondent. K.V. had never had such an experience with an educator or other authority figure. K.V. was frightened and shocked. K.V. stayed in the classroom and signed Respondent's yearbook. K.V. feared what Respondent may have done if K.V. had declined to sign the yearbook. After K.V. signed the yearbook, Respondent suggested that they walk to the basketball court. While walking through an empty adjoining room, Respondent stopped and asked K.V. for a goodbye hug. K.V. put one arm around Respondent's side, at which point Respondent pulled K.V. face to face. Respondent proceeded to "peck kiss" K.V. on her lips. Although K.V. attempted to pull away, Respondent pulled her back and again kissed her on the lips. Respondent also attempted to "stick his tongue" into the mouth of K.V. K.V. pulled away from Respondent and told him that she needed to leave. K.V. first reported the incident to her mother and aunt approximately two weeks after May 21, 2002, during a conversation at a restaurant. K.V. suddenly broke down and disclosed the incident. When K.V. disclosed the incident to her mother and aunt, K.V. had no knowledge of the previous incident involving C.H. In June 2002, Respondent telephoned K.V.'s residence on three occasions. During one of the conversations, Respondent spoke with K.V. and asked her if she had told anyone what had happened. During this conversation, Respondent also instructed K.V. not to report the incident. On another occasion, Respondent telephoned the residence and asked K.V.'s mother if he could speak with K.V. K.V.'s mother reported the incident to administrators at Discovery shortly after her conversation with Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding Respondent guilty of violating Subsections 231.2615(1)(c) and (i), Florida Statutes (1999), and Florida Administrative Code Rules 6B-1.006(3)(a) and (e), and revoking educator certificate number 793778 for a period of two years. DONE AND ENTERED this 1st day of June, 2005, in Tallahassee, Leon County, Florida. S DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 2005. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Matthew K. Foster, Esquire Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 James Domineck, Jr., Esquire Law Offices of James Domineck, Jr., P.A. 100 South Kentucky Avenue Lakeland, Florida 33801-5096 Edward T. Bauer, Esquire Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400
