Findings Of Fact Jeffrey L. Leon was employed on annual contract by the Broward County School Board at Deerfield Beach High School during the school year 1977-78 in the capacity of administrative assistant (or dean) . Although the dean's functions were not fully explained deans act as counsellors to students and every student is assigned to a dean. At Deerfield Beach High School there are 4 deans and 2400-2600 students giving each dean some 600 students. Since problem students have more occasion to have contact with the dean than do students without problems, it is also evident that deans spend most of their time with the students having problems in, e.g., attendance, discipline, parental and drugs. In July 1977 Respondent took one of the students who was assigned to him during the school year, Deborah Kuhn, to Bimini on two occasions where they remained overnight or longer. This was the month of Debbie's 17th birthday. On the first trip another couple was also on the boat and at Bimini all stayed at the home of a friend of Respondent's. On the second Bimini trip three other men accompanied Debbie and Respondent. On one of these trips Respondent accompanied Debbie to a bar where they consumed about 3 drinks. It is legal for a minor to drink in Bimini. The time was spent in Bimini diving and fishing and that appeared to be the prime purpose of the trip. This incident came to the attention of the principal of Deerfield Beach High School when he received a letter from the parents of Debbie in January 1978. The allegations were subsequently investigated and, when interrogated by the investigator, Debbie emphatically stated on each of the 3 occasions that no sexual relations with Respondent occurred on these trips. She did acknowledge smoking pot on one occasion on the boat and taking a quaalude. This was not in the presence of Respondent, although he was on the boat and became aware of the use of pot while it was going on. The evidence wad unrebutted that Debbie Kuhn had been a problem to her parents since she was about 12 when she became involved with drugs and alcohol. She admitted to the use of marijuana, quaaludes and cocaine. At one time while attending Deerfield Beach High School she was also involved with selling marijuana which was apparently supplied by her boyfriend. During the period Debbie acknowledged dealing in pot she was living with a girlfriend in an apartment on the beach. The situation at home had reached the point Debbie's parents exercised no effective control and were ready to give up on her. Accordingly when she suggested she move to the apartment her parents consented. The school was advised by the Kuhns not to call them if Debbie was late, came to school stoned, et cetera. At this time Debbie was described by Respondent as "hard core" and difficult to convince to alter the pattern of her life. According to Respondent he made the offer to Debbie to go to Bimini for the purpose of showing her another side of life unassociated with drugs in the hope that she could be induced to change her life style. Respondent acknowledged that Debbie smoked pot on one occasion on the first trip to Bimini. However, the smoking had started while he was diving for lobsters and he became aware of it when he came aboard. As one actively opposed to the use of any drugs Respondent stayed outside the cabin in the rain until the smoking had ceased. Respondent emphatically denied any sexual involvement with Debbie at Bimini while in her testimony Debbie stated she had sexual intercourse with Respondent on each of the two trips to Bimini. This testimony was objected to by Respondent on grounds that no such conduct was alleged and evidence of unalleged misconduct was not admissible. The objection was overruled by the Hearing Officer. Witnesses testifying on behalf of Respondent included police, teachers, other deans, and parents. Three parents whose children Respondent had helped averred that without the efforts of Respondent these children would not have remained in school. One witness's children had dropped out of Deerfield Beach High School after Respondent was transferred. One of the parents was a former dean and current principal of a middle grade school. He and his wife both consider Respondent to have had a highly beneficial effect on their boys while under his supervision, without which at least one of these boys would not have graduated. This parent would be delighted to have Respondent as a dean at his school. The third parent also credited Respondent's interest in her son and the diversion of his energies into athletics with saving him from dropping out of school aid leading him into a currently successful life. Other deans at Deerfield Beach High School described Respondent as effective, competent, and a hard worker who was vitally interested in the welfare of the students. These deans have worked with Respondent for several years and not only expressed high regard for Respondent but also had heard no rumors regarding the Bimini trip which adversely reflected on Respondent at the school. Respondent has cooperated with the police by turning in names of students suspected of dealing in drugs. Some dealers had girlfriends in Deerfield Beach High School who they were using to distribute pot. Respondent supported all school programs by his presence and encouragement to students to attend. He established excellent relations with both the latin community and the black community. In each of these communities he was accepted and respected. He had the reputation of being fair to all and unalterably opposed to drugs. The Petition mentioned two prior incidents in which Respondent's judgment in his involvement with children had been questioned. The first involved a female student assigned to another dean who had a serious psychological problem induced by molestation by her stepfather. She was also involved with drugs. Whether the molestation precipitated the drug use was not clear but it did aggravate the problem and, on one occasion, caused the child to take 17 or 18 valium one day enroute to school. When called and told their daughter was sick, her parents would not come for her. Subsequently the student ended up in a psychiatric hospital where her only visitors were Respondent and the other dean (a woman). Upon her release from the hospital she stayed with Respondent and his wife for two to three weeks, then for a while with the other dean before returning to her home. This student credits these two deans with her salvation. Respondent's action in allowing this student to stay at his home was the previous conduct questioned by the principal but the principal was happy with the results. The other incident referred to in the Petition involved an allegation that Respondent had called a female student assigned to him and offered to take her to dinner without advising the child's parents. When the parents so advised the school Respondent insisted on a meeting with the parents at which all questions were resolved. It was undisputed that Respondent, in order to improve a student's dress or cleanliness would offer a prize or bet if they could improve within a specified time. In the incident referred to Respondent had advised the girl he would bet her a dinner that she couldn't let her fingernails grow and be kept clean for 30 days. She won the wager and something she said to her parents led them to write to the principal. When one of these wagers was lost by Respondent the winner was treated to a hamburger at McDonald's. From all the evidence presented it is clear that when resolving the conflicting testimony given by Debbie and the Respondent the latter is much more worthy of belief. Debbie's reputation for truth and veracity was poor. While Respondent could be considered to have a self-preservation motive in not telling the truth with respect to his involvement with Debbie, the latter also had a motive for prevarication with respect to Respondent. The first statement by Debbie regarding sexual involvement with Respondent was made to her parents while Debbie was trying to move back to her parents' home. It was also after she had been suspended from school for 3 days by Respondent and after learning that Respondent had turned her name into the police as a drug suspect. Unfortunately no detailed testimony surrounding the alleged intercourse, such as time, place and other detailed circumstances, was elicited from which the more probable testimony could have been ascertained. Respondent is an activist in looking out for his students (as well as perhaps all of this age group) . This included non-school time looking for runaways, attending school sports events and social events as an encouragement to students to also attend, coaching a wrestling team after his regular school hours and generally being available for consultation at all hours. From all the testimony and evidence presented no credible testimony was submitted to prove by a preponderance of the evidence that Respondent had sexual relations with one of his students or that taking this student on an overnight trip to Bimini seriously reduced his effectiveness as an employee of the School Board. In fact little evidence was introduced to show that this incident even slightly reduced Respondent's effectiveness. The Deerfield Beach High School principal's source of information that some of the students were aware of disciplinary action against Respondent was that two of these students had presented to him a petition protesting Respondent's transfer from Deerfield Beach High School as a result of the charges considered at this hearing.
The Issue Whether Petitioner proved, by clear and convincing evidence, just cause to terminate Respondent's employment.
Findings Of Fact Hill was a School Board employee from 1978 up to and including December 15, 1999. In the 1999-2000 school year, Hill was assigned to Palm Beach Gardens High School. Although classified as a "teacher on special assignment," his employment responsibilities paralleled those of an Assistant Principal. Hill's job responsibilities included monitoring the halls, supervising the campus and working with students in various functions. He was also responsible for student discipline. Hill enjoyed his work with students and was good at it. He was very well liked by students and interacted positively with them. His authority was rarely challenged. In his last two annual evaluations, Hill was described as a "team player" who "maintains excellent rapport with all students" and serves a "vital role" in the operation of the school. Hill's life and previously unblemished career began to unravel on the night of December 16, 1999. Sometime around midnight, Hill was the subject of a traffic stop. Hill was driving a car owned by his sister, and was alone when pulled over on Atlantic Avenue, Delray Beach, Florida. Hill was detained because a Delray Beach police officer had observed that Hill's driving was erratic; that his left taillight was out; and the car's license tag was out of date. At all times during the traffic stop and the events which transpired after, Hill conducted himself as a "perfect gentleman." He was polite and fully cooperative with the police. After failing a roadside sobriety test, Hill was arrested and taken to the Palm Beach County Jail. Hill consented to a breath test, which revealed an unlawful blood alcohol level of .159/.158. The test result triggered an automatic suspension of Hill's driving privileges; however, those privileges were reinstated by the Department of Highway Safety and Motor Vehicles when it came to light that the so-called Intoxilyzer breath analysis machine on which Hill's test was performed had not been maintained in the manner required by law. While being held in custody, Hill's personal belongings, including the contents of his pockets, were taken from him at the jail. During this process, police claim to have found a baggie weighing 7.4 ounces and containing cocaine. The evidence established that at least two Delray Beach police officers were involved in the portion of the booking process which resulted in the alleged discovery of a "dime bag" of cocaine; however, at the final hearing, Delray Beach Police Officer Scott McGuire (McGuire) was the only witness produced by the School Board who claimed knowledge of the circumstances surrounding the alleged discovery of the baggie, which allegedly contained 7.4 grams of cocaine. McGuire's testimony fell far short of clear and convincing evidence that Hill did in fact possess a dime bag, a baggie, 7.4 grams of cocaine, or 7.4 grams of a substance containing cocaine. McGuire's testimony alternated general statements about what usually happens during the booking process with what happened with respect to Hill's booking on the night of December 16, 1999. McGuire's casual demeanor while testifying, coupled with the imprecise nature of the questions asked and the answers given by him, rendered the undersigned unable to conclude that an appropriate chain of custody had been maintained. In other words, the School Board failed to establish by clear and convincing evidence that the contents of Hill's pockets--and only the contents of Hill's pockets--were at all times accounted for and handled in a manner adequate to assure that no items were removed or added. Initially, the School Board, relying solely upon police reports, asserted that the baggie alleged to have been found in Hill's possession contained 7.4 grams of cocaine. That assertion was negated by Gina Evanzia (Evanzia), Senior Forensic Scientist for the Palm Beach County Sheriff's Office Crime Laboratory and the only School Board witness with personal knowledge of the actual baggie alleged to have been found among Hill's possessions. Evanzia testified that the baggie which the School Board attributed to Hill was not large enough to hold 7.4 grams of anything. The baggie provided to Evanzia for testing and alleged to have come out of Hill's pocket contained 18 milligrams of a substance which contained cocaine, and not the 7.4 grams alleged to have been found in Hill's possession on the night of December 16, 1999. At the time of Hill's arrest and at final hearing, neither McGuire nor any other witness provided a useful physical description of the baggie alleged to have been in Hill's pocket. The gaps in McGuire's testimony coupled with the unexplained discrepancies between the 7.4 gram baggie alleged to have been found in Hill's possession and the much smaller baggie about which Evanzia testified makes it impossible to determine what, if any, contraband was found on Hill's person. The alleged discovery of the 7.4 gram baggie resulted in the police recommending that Hill be charged with introducing contraband into a correctional facility. Declining to do so, the State Attorney instead charged Hill with possession of cocaine. Prior to the time Hill was transported to the jail, the arresting officers searched Hill's sister's car for contraband. Finding none, the police made arrangements for the car to be impounded and towed to a privately owned lot for storage. After the car was placed in the custody of the towing company, one of its employees claimed to have found two more baggies alleged to contain significant amounts of cocaine in plain sight on the floorboard of the car. Police tested the baggies for fingerprints but found none. There is no credible evidence that there was any cocaine on the floorboard of the car while it was in Hill's possession and control. The testimony of Officer V. Gray (Gray) that he failed to spot the baggies "[because he] didn't have a flashlight to go through the car real good" was so implausible that Gray was readily cross-examined out of it on the next page of transcript. 1/ No criminal charges were brought against Hill on account of these baggies. Although Hill had substantial and legitimate defenses to the criminal charges which the State Attorney did elect to file, Hill accepted responsibility for the arrest by accepting the State Attorney's offer to enter into a plea bargain which would take into account Hill's previously spotless record. The State Attorney, believing that Hill should be afforded an opportunity to atone for the aberrational events of December 16, 1999, and to rehabilitate himself, permitted Hill to plead guilty to a misdemeanor charge of driving while intoxicated, and to dispose of the cocaine charge by entering a pretrial intervention (PTI) program. At the time of the final hearing, Hill was in full compliance with all of the terms of the PTI agreement. At all times material to this case, Hill was appropriately contrite about the DUI arrest. He was and is willing to demonstrate his contrition and his commitment to public service by accepting any assignment, coupled with any degree of probation and/or supervision deemed appropriate by the School Board, to assure that he is fully rehabilitated before being allowed to resume contact with students.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a Final Order reinstating Hill's employment with the School Board with back pay and benefits retroactive to the date of termination. DONE AND ENTERED this 13th day of June, 2001, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 13th day of June, 2001.
Findings Of Fact A Backdrop to the Charges At all times relevant hereto, respondent, Tom F. Brewer, was a teacher at Crestwood Middle School (CMS) in Royal Palm Beach, Florida. He is employed by petitioner, The School Board of Palm Beach County (Board). Respondent, who is now fifty-four years old, is certified as a middle school teacher with a specialty in the area of mathematics. He has taught in the Palm Beach County school system since August, 1973 and has consistently received satisfactory evaluations. Most recently, he was assigned to CMS to teach mathematics to seventh and eighth graders. Since CMS is ten miles from his home, Brewer left for work each school day around 7:50 a.m. and returned around 4:20 p.m. In addition, until September, 1985 he spent two weekends a month at National Guard drills where he was the unit first sergeant. From November, 1982 until March, 1984 he worked on his other weekends as a security guard at a local country club. Forest Estates Drive in West Palm Beach, Florida is the focal point of this proceeding. In November, 1978 respondent moved into a home in the 300 block on Forest Estates Drive. Other residents on the street at that time were James H. Williams, Sandra Cownden and her daughter, Tina Luciano (Tina), Margaret Hill and her daughter and stepdaughter, Robin Mahoney (Robin) and Kim McKenna (Kim), and Hilda Barrett. Shortly after Brewer moved into the neighborhood, the Pecks moved in next door. Mr. Peck is a uniformed deputy sheriff with a marked patrol car. In 1982, Helen Happ moved with her family into a home on the same block. In 1985, Stephen Erickson moved into the home previously occupied by Hilda Barrett and which was directly across the street from Brewer. All of the above neighbors testified at final hearing or gave deposition testimony and are a part of this neighborhood drama. Some lived there only part of the time since 1978 while a few were neighbors for the entire nine year period. Respondent is divorced and lives by himself at his home on Forest Estates Drive. He has three grown children, a girl and two boys, living in the West Palm Beach area. The children, who are now 28, 26 and 25 years of age, regularly visited Brewer several times a week during the years in question. As might be expected, Brewer became reasonably acquainted with all of his neighbors since moving to Forest Estates Drive almost ten years ago. They became aware of the fact that he was a school teacher. The principal prosecution witness is Tina, who lived with her divorced mother two houses away from Brewer. Tina, who was born on March 16, 1969, was not bashful or shy, and at the age of nine, began going to Brewer's house when he first moved in the neighborhood. As she frequently did with other neighbors, Tina asked Brewer for money and favors. Brewer responded by giving Tina odd jobs to do around his house such as washing his car, mowing the yard or cleaning windows. Therefore, over the years it was not unusual to see Tina going to and from Brewer's house. As she grew older, Tina began using Brewer's telephone to call friends and to watch Brewer's widescreen television set which was wired for cable. It should be noted here that Tina has a reputation as being an untruthful person. Against this backdrop, respondent was arrested by the Palm Beach County Sheriff's Office in March, 1987 for contributing to the delinquency of a seventeen year old minor (Tina), a misdemeanor charge. He was subsequently acquitted after a three day jury trial in March, 1988. After learning that respondent had been arrested, the Board suspended Brewer without pay on November 17, 1987. This action was formalized by a petition for dismissal issued on December 3, 1987. Respondent has remained suspended without pay pending the outcome of this proceeding. As amended, the petition for dismissal alleges that on January 1, 1987 respondent "allowed two females, then 16 and 17 years old, to visit him at his home," that he "supplied and/or permitted the females to consume liquor in his home," and that he "requested and received back rubs from both females and requested sex from the 16 year old." In addition, the amended petition charges that respondent allowed "other males and females in the neighborhood" to visit his home "on a regular basis for the past nine (9) years" and "to drink alcohol in his presence," and that he "regularly loaned money to the neighborhood children and gave them rides to various locations in the vicinity," all without the knowledge or consent of the parents. Finally, it is alleged that in June, 1987 respondent "used profanity in the presence of a minor . . . and engaged in other inappropriate conversation." These allegations will be examined separately hereinafter in the order in which they are raised in the petition. The Criminal Arrest and Attendant Notoriety In March, 1987 respondent was arrested and charged with contributing to the delinquency of a minor, a misdemeanor. The charges stemmed from an incident that allegedly occurred on January 1, 1987 at Brewer's home and involved Tina, then seventeen years old, and her sixteen year old friend, Angie. After school resumed in January, 1987 Brewer reported to his principal that he was involved in a "run in with the law" on New Year's Day. This information was conveyed to the deputy Superintendent who advised that no action should be taken until "something official happened." For some reason, the school either failed to learn of Brewer's arrest in March or did nothing at that time. In any event, the arrest was eventually reported in articles published in a local newspaper on November 8 and 19, 1987. Brewer's three day trial in March, 1988 received even more widespread newspaper and television coverage. After the articles appeared in the local newspaper in November, 1987, the superintendent of schools was contacted by one parent whose child was a student in respondent's classroom. Other than this one contact, the Superintendent had no other personal knowledge of any parent concern over respondent's arrest. However, based upon his review of the matter, and having assumed the charges herein to be true, the superintendent concluded that the resulting notoriety attendant to respondent's arrest impaired his effectiveness as a teacher. He further opined that respondent is now vulnerable to accusations of similar improper behavior in the future, and he believes that parents would object if respondent was reassigned to the classroom. Also believing the charges to be true, several neighbors reported that they were concerned with respondent's behavior, and they did not wish their children to be around him. Finally, after the arrest became public, one witness in this proceeding was contacted by several CMS students inquiring about the charges. The January 1, 1987 Incident Angela (Angie) is a girlfriend of Tina who had just turned sixteen on December 18, 1986. At that time she was enrolled as a student at a local high school but was not attending classes. She was also on probation for burglary and grand theft and has a reputation of being an untruthful person. She stayed overnight with Tina on December 31, 1986 to celebrate the holiday, and the two spent New Year's Eve partying with friends until dawn. During the course of the evening Angela consumed a great deal of whiskey and got very drunk. The whiskey was bought for Angie by an undisclosed third party. On January 1, 1987 Tina and Angie spent most of the day at Tina's house with Tina's mother and grandparents. Around 5:00 or 5:30 p.m., the two went to Brewer's house so that Tina could use his telephone to call her boyfriend, Matt. Angie, who was recuperating from a substantial hangover, just wanted to stretch out on Brewer's couch. They found Brewer watching the football bowl games on television. Tina made several calls, including one to Matt, and another to Tommy, who had just broken up with Angie. After the calls were completed, Tina returned to her house to eat dinner. Angie remained on Brewer's couch, still nursing her hangover. After finishing her meal, Tina returned to Brewer's house. Angie then departed to Tina's house to shower and change clothes. Tina also returned to her home a short while later to see what was taking Angie so long. The two eventually returned to Brewer's house around 7:00 or 7:30 p.m. Tina then asked Brewer for a ride to pick up Matt and bring him back to her house. Brewer agreed and the two left leaving Angie watching television. When Tina, Brewer and Matt returned to Brewer's house around 8:00 p.m., they found Angie gone. According to Tina's mother, Angie returned to Tina's house while Tina and Brewer were gone and had left with two male friends. Not knowing this, Tina and Matt left Brewer's house to find Angie but returned about twenty minutes later, by now Brewer's twenty-six year old son, Chuck, had arrived to watch the Orange Bowl football game with his father. A while later, two male friends of Matt showed up at the doorstep and were invited in to watch television. Tina, Matt and his two friends stayed for about 45 minutes watching the football game and then left. Around 10:30 p.m. that evening, a disturbance occurred in the street in front of Tina's house. Brewer's next door neighbor, George Peck, III, who happens to be a uniformed deputy sheriff, observed a girl "screaming and crying" in the middle of the street. The girl (Angie) was with a young man. When the two would not tell him what was the matter, the deputy told the two to leave the neighborhood. In contrast to the testimony of both Tina and Angie that Angie was intoxicated that evening, the deputy did not detect any odor of alcohol on Angie's breath and she did not appear to be intoxicated. Further, the deputy's testimony that the above event occurred around 10:30 p.m. is accepted as being more credible than Angie's testimony that Peck spoke with her some two and one- half hours earlier. Another disturbance occurred in front of Tina's house around midnight involving Tina, Angie and several male teenagers. The police were called and an investigation was begun. As a result of accusations by Tina and Angie, Brewer was later arrested and charged with contributing to Tina's delinquency. At no time during the day or evening of January 1, 1987 did Brewer offer or furnish alcoholic beverages to Tina and Angela nor did the two girls consume alcoholic beverages at his home. He did not ask the girls to give him a back rub, engage in a sexual activity or make any improper overtures towards the girls. Testimony by Tina and Angela to the contrary is rejected as not being credible. Neighborhood Saint or Sinner? The amended complaint alleges that Tina, "along with other males and females in the neighborhood, under the age of 18, have visited Respondent at his home on a regular basis for the past nine (9) years," and that such minors were unchaperoned and consumed alcoholic beverages in his home. As to this allegation, the Board has stipulated that none of the minors were students from Crestwood Middle School. There were numerous confirmed visits by Tina to Brewer's house over the years. She was accompanied on several visits by Robin, who once lived on the street and later lived with Tina for a short time in 1984, and by Angie. In addition, Tina would sometimes bring a boyfriend or another girlfriend, including Theresa, Diane or Kim, who either lived for brief periods of time with Tina or who happened to be in the neighborhood to visit her. Neighbors on the street observed Tina and other similarly aged females visiting Brewer's house from time to time. Except for Robin, the neighbors could not identify the girls and were nonspecific as to the dates and frequency of such visits. None of the neighbors knew the purpose of the visits or what occurred once the visitors entered his home. Most did not know if the guest might be Brewer's daughter, a teenager during part of this period, and who visited him several times a week. While they suspected sinister motives on the part of Brewer, none had any proof of this. There is no competent, credible evidence that Brewer ever furnished alcoholic beverages to minors or allowed them to consume the same at his house. At hearing both Angie and Tina claimed that Brewer often either purchased beer for or gave it to their friend, Rob. However, this assertion was denied by Rob, and his testimony is deemed to be the most credible. Angie claimed that during the last few months of 1986 Brewer would frequently furnish her and Tina with wine coolers or beer. However, she later testified that, except for the January 1, 1987 incident, she never drank an alcoholic beverage at Brewer's home. Her testimony is not deemed to be credible. There was further testimony by neighbor Erickson that he saw a girl (who he did not know) leaving Brewer's house one day during the summer of 1986 carrying what he thought was a can of beer. He thought the girl carrying the can was accompanied by Tina. Erickson also occasionally saw persons of Tina's age leaving Brewer's house carrying brown paper bags. He did not know what the bags contained. Neighbor Barrett reported that in 1978, when she was thirteen, she frequently saw Tina and Robin, then nine years old or so, with sacks of beer and cigarettes after leaving Brewer's house. This testimony is rejected as being incredible. Neighbor Happ reported seeing Tina and a friend leaving Brewer's house around 7:30 a.m. one day and assumed they had spent the night. However, other testimony revealed that the two had actually spent the night at Tina's home before going to Brewer's house that morning. All other testimony in favor of the allegation has either been rejected as not being credible or has been disregarded since it is based solely on hearsay and rumor. Robin is one year older than Tina and once lived in Forest Estates Drive. She also lived with Tina for a few months in 1984. To avoid honoring a subpoena compelling her attendance at this hearing, Robin temporarily left the State of Florida. However, over objection of respondent, her deposition was received in evidence as petitioner's exhibit 5. According to Robin's deposition, she and Tina visited Brewer's home when Robin was around fourteen or fifteen years of age and would drink beer given to them by Brewer. Claiming a lack of recollection, she was unable to give any other details concerning these incidents. Other allegations made by Robin were even more vague and distant. Tina's mother stated that around midnight one evening in 1985 she drove her car to Brewer's house (two doors away) to pick up Robin. Robin's statement as to why she needed a ride is either irrelevant to the charges or discredited. Robin's testimony was contradicted by Brewer who acknowledged that Robin and Tina came over a number of times in 1984 when Robin lived with Tina but only to watch cable TV. This testimony is accepted as being the most credible. It is accordingly found that at no time did Brewer ever offer or furnish alcoholic beverages to Robin or allow her to bring them into his home for consumption. Tina's many visits to Brewer's home are confirmed in the record. Indeed, she regularly visited Brewer's house from the time he moved into the neighborhood in 1978 through 1986. While Tina's mother permitted Tina and her friends to drink in her own home, testimony by Tina that she occasionally drank a beer or wine cooler at Brewer's home is rejected as not being credible. Giving Money and Rides to Neighborhood Children It is alleged that Brewer "regularly loaned money to the neighborhood children and gave them rides to various locations in the vicinity." Much of the testimony relating to this allegation comes from Tina who had a reputation for approaching any and all neighbors for "loans" or "rides." Indeed, practically every neighbor was aware of Tina's habits, and each had been approached by her for favors at one time or another. The other "neighborhood children" are not identified in the petition, but Brewer acknowledged that he occasionally transported not only Tina but also some of her friends. Except for Brewer's voluntary admission that he gave approximately $20 to Kim, a friend of Tina, during the last year, there is no evidence of any other "neighborhood children" receiving loans from Brewer. As to Kim, she is not a resident of the neighborhood, and her age and address are unknown. Brewer readily acknowledged that during recent years, he occasionally gave Tina a few dollars and bought her meals since he felt sorry for her, and she always appeared to be hungry and broke. Prior to that, he had also given her money for odd jobs around his house. He readily acknowledged that he gave her rides to or from various places since she had no transportation. This was because her mother refused to provide transportation once she dropped out of school. There were no sinister motives in providing this assistance since he thought of her as a daughter who had a very troubled childhood. Finally, while the mothers of both Tina and Robin disapproved of Brewer and instructed their daughters not to see him, they knew what Brewer was doing but never personally told Brewer to stop allowing their daughters into his home or, in the case of Tina, to stop giving her rides or occasional financial assistance. Using Profanity in the Presence of a Minor The amended complaint alleges that Brewer used profanity in the presence of a minor and engaged in "other inappropriate conversation." This charge stems from a visit by Tina to Brewer's home in June, 1987. Tina admitted that Brewer never used profanity in her presence prior to that visit. However, by June 25, 1987 Brewer had been charged with a misdemeanor and was extremely upset at Tina, who was responsible in part for police filing charges against him after the January 1, 1987 On incident. June 25 Tina briefly visited Brewer's home where the two discussed the criminal charges. Tina was told by Brewer that their conversation was being taped. A transcription of the conversation has been received in evidence as petitioner's exhibit 4. Brewer proceeded to question Tina about the January 1 incident. During the course of the conversation Brewer used the words "bullshit," "dammit," "damn," and "shit." However, Tina was then an adult (eighteen years of age) and was not a student since, according to her mother, she had not "officially" attended school since she was thirteen. Miscellaneous Despite Tina's continued truancy from school, Brewer attempted to persuade Tina to stay in school and to obtain an education. However, if he spoke with her for any length of time on this subject, she would simply leave the room. She ignored all of his advice. Tina was observed driving Brewer's car around the block on one occasion when she was fifteen years old which was prior to her receiving a driver's license. However, it was done without Brewer's knowledge and consent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the amended petition for dismissal filed against respondent be dismissed, with prejudice, and that respondent be reinstated retroactive to November 17, 1987 with all attendant back pay. DONE AND ORDERED this 5th day of July, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of July, 1988.
Findings Of Fact Petitioner is an adult black female. At all times material, she was employed by Respondent, School Board of Nassau County, as a Guidance Counselor at Fernandina Beach High School. Petitioner was initially employed by the Respondent in 1959 as a teacher of physical education, but she has been a guidance counselor in her present location since the 1972 school term. Her total tenure with the School Board is approximately 29 years. She is certified in Administration and Supervisory Guidance, Physical Education, Health Education, and Driver Education. On June 28, 1989, the Respondent posted/published an advertisement for the newly created position of "Assistant Principal-Student Services" (AP-Student Services) at Fernandina Beach High School. The new position had come about through a study commission. The membership of the commission included Fernandina Beach High School Principal William R. Fryar. The commission had been appointed by Respondent's Superintendent Craig Marsh. Over the course of a year, the commission had developed the criteria and threshold qualifications for the new position along with other proposed staffing changes. The method by which a person would be hired for any such position with Respondent would include meeting the threshold qualifications, passing successfully through an interview panel, interviewing with Principal Fryar, being recommended by Principal Fryar to Superintendent Marsh, and being recommended by Superintendent Marsh to the School Board. The School Board would do the ultimate hiring. The threshold qualifications for the position vacancy, as stated in Respondent's June 28, 1989 announcement included the following: a) three years counselling experience preferred at 9-12 level; b) hold or be eligible for Level I certificate; c) hold or be eligible for Florida Counselor certification; and d) experience in managing student data entry, Florida experience preferred. On July 24, 1989, Petitioner applied for the position vacancy. She was the only one of Respondent's employees who met the foregoing qualifications. Only one other person, a white male, submitted an application in response to the June 28, 1989 position vacancy announcement. The white male was from out of state but eligible for in-state certification. Both Petitioner and the sole other applicant met the published/posted threshold qualifications. Petitioner and the sole other applicant were individually interviewed by a three person interview panel made up of three state certified interviewers. Two interviewers were white females and one interviewer was a black male. All the interviewers were employed by the Respondent. The white male applicant received a slightly higher interview score than did Petitioner, but neither scored outside the average range. The interview scores were not passed on to Dr. Fryar, and the committee did not relay any recommendation to hire either applicant. Dr. Fryar did not interview either applicant because there were only two applicants and because neither applicant had been recommended by the interview panel. Consequently, neither Petitioner (a black female) nor the white male was selected to fill the vacancy. The Respondent had previously and consistently hired only from a field of three or more applicants. Page 3, Section II. C. 12. of the School Board of Nassau County Human Resource Management Manual (Adopted 12/11/86; Revised 6/22/89) provides, "The selection system includes the recommendation of three to five candidates to the superintendent." Superintendent Marsh's personal preference also was to not hire for any position unless there was a field of at least three applicants who had successfully passed the interview panel stage. On August 3, 1989, the position vacancy remained open and the Respondent published a readvertisement for the position. The threshold qualifications and the duties projected for this position remained identical to those published in the June 28, 1989 announcement. Respondent received only one application in response to the August 3, 1989 advertisement. That applicant subsequently withdrew. When he was not hired, the white male applicant had asked not to be notified of future advertisements. Petitioner did not apply in response to the August 3, 1989 readvertisement although she was still interested in the position, because she had not received the second advertisement. Petitioner discovered she had not received the second advertisement and was upset about it because Respondent had notified her that her first application would be kept on file for a year. After the second advertisement netted no applicants, the same consideration of not hiring from a field of applicants of less than three still obtained. Presumably, that consideration would have prevailed even if Petitioner had re-applied in response to the second advertisement. Originally, the belief had been that the AP-Student Services should be required to hold a counselling certificate because he or she would oversee three counsellors in addition to being required to devise, upgrade, and maintain student data bases on a computer. However, because Dr. Fryar and Superintendent Marsh and their advisers believed there was a greater need to develop a data base on the students than to have yet another counselor, Dr. Fryar and Superintendent Marsh incorporated the duties of the Fernandina Beach High School's data systems manager into the threshold qualifications for AP-Student Services. Also, in order to widen the potential field of applicants, they revised the requirement of counselor certification out of the threshold qualifications. Neither revision was done by running the idea through a committee again. On October 16, 1989, the Respondent advertised the AP-Student Services position for a third time. In an effort to get more and better applicants, this third advertisement was circulated differently than the two prior advertisements. Respondent devised a new distribution system for its third advertisement. Under the new system, the specific schools received the posting directly rather than having it funneled to them through the district. For the reasons indicated above, the threshold qualifications for the position as advertised the third time were different from those stated in the June 28, 1989 and August 3, 1989 postings in the following particulars: a) the requirement of guidance certification was eliminated; b) "three years counseling experience preferred at 9-12 level" was amended to read "three years counselling and/or other student services experience preferred at 9-12 level"; c) the requirement of "hold or be eligible for Florida Counselor certification" was deleted in its entirety; and d) the requirement of "experience in managing student data entry Florida experience preferred" was amended to read, "experience with computerized data systems: Florida experience preferred." In response to the October 16, 1989 vacancy posting, the Respondent received approximately 10 applications. Eight of the ten applicants were interviewed. Petitioner timely submitted her application in response to the October 16, 1989 vacancy posting. Petitioner met the changed threshold qualifications and was interviewed. On November 1, 1989, interviews were conducted with eight applicants, including Petitioner, all of whom met the threshold qualifications. The interviewees consisted of five white males, one white female, one black male, and Petitioner, a black female. The interviewers were all certified interviewers, and this time the interviewers were selected from outside the school district, so they were not Respondent's employees. The interviewer pool was racially mixed. Three interviewers interviewed each applicant. Not all interviewees were interviewed by the same interviewers. Petitioner was interviewed by Cathy Merritt, Bob Kuhn, and Doris Thornton. Ms. Thornton is black. At the conclusion of the interviews, the interviewers, through data integration, by consensus and not by averages, awarded a consensus score to each applicant in each of fourteen categories. The three applicants with the highest scores consisted of one black male and two white males. Petitioner's scores were lower than those of the top three applicants and in the average range. Principal Fryar interviewed the three highest scoring applicants without benefit of knowing their scores. However, the applicant ultimately appointed to the position did, indeed, have the highest scores among all the applicants. His scores were all above average. The procedure used to fill the new position is called "target selection," and is enumerated in the School Board's Human Resource Management Plan, which plan is mandated pursuant to Section 231.087, F.S. and approved by the Florida Council on Educational Management. Petitioner was not selected for the position of AP-Student Services. She was notified on November 10, 1989 of the selection of one of the three finalists, a white male, Richard Galloni. Prior to his promotion, Mr. Galloni was chairman of Fernandina Beach High School's mathematics department and served as the school's data systems manager. On December 28, 1989, Petitioner timely filed a charge of racial discrimination with the Florida Commission on Human Relations pursuant to Section 760.10, F.S. alleging that she had been discriminatorily denied promotion to the position of AP-Student Services. All of the administrators of Fernandina Beach High School are white. Approximately, 8% of the teaching faculty is black. Twenty-five per cent of the student body is black. Greater percentages of blacks in each category exist in other schools in the County.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Florida Human Relations Commission enter a final order dismissing the Petition. RECOMMENDED in Tallahassee, Leon County, Florida, this 2nd day of April, 1992. ELLA JANE P. DAVIS, 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 2nd day of April, 1992. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-4323 The following constitute specific rulings pursuant to Section 120.59(2) F.S. upon the parties' respective proposed findings of fact (PFOF): Petitioner's PFOF: 1-9, 11-21, and 23: Accepted except as modified to eliminate subordinate, unnecessary, and cumulative material. 10: Rejected as not supported by the record. Covered in Findings of Fact 13- 15. 22: Covered as modified to more correctly reflect the record in Findings of Fact 10-12. See also Conclusions of Law. Respondent's PFOF: 1-7, 10, 11-12, and 14: Accepted except as modified to eliminate subordinate, unnecessary, and cumulative material. 8, and 13: Rejected as subordinate and unnecessary. 9: Accepted in part and in part rejected as not supported, by the record as a whole, as covered in the recommended order. COPIES FURNISHED: Harry Lamb, Jr., Esquire Perry & Lamb, P.A. 605 E. Robinson Street Suite 630 Orlando, Florida 32801 Marshall E. Wood, Esquire 303 Centre Street Suite 200 Post Office P Fernandina Beach, Florida 32034 Margaret A. Jones, Clerk Commission on Human Relations 325 John Knox Road Building F Suite 240 Tallahassee, Florida 32303-4113 Dana Baird, General Counsel Commission on Human Relations 325 John Knox Road Building F Suite 240 Tallahassee, Florida 32303-4113 Mr. Craig Marsh, Superintendent Nassau County School Board 1201 Atlantic Avenue Fernandina Beach, Florida 32034
Findings Of Fact Petitioner was hired by the Palm Beach Gardens Holiday Inn in 1974. She began work as a cashier and later worked as a hostess in the restaurant. She was promoted to Food and Beverage Manager in 1978. On November 27, 1978, Respondent purchased the Holiday Inn and appointed Mr. John Astarita as its general manager. Astarita made several personnel changes in late 1978 and early 1979, and on March 9, 1979, discharged Respondent. Immediately prior to her discharge, Petitioner had given information to an investigator regarding a sex discrimination complaint of a female employee who had been discharged earlier by Respondent. Astarita questioned Petitioner about her conversation with the investigator the day before he discharged her. She refused to give him the information he sought. Petitioner's evidence of sex discrimination is limited to a rumor she had heard that Astarita did not want women in management positions. This hearsay evidence lacks credibility and is uncorroborated. Respondent's evidence established that Petitioner's job performance was not satisfactory. The ratio of liquor costs to sales had increased above an acceptable level, and she had failed to clean up the bar area after having been instructed to do so by Astarita.
Recommendation From the foregoing, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order dismissing Petitioner's complaint. DONE AND ENTERED this 20th day of May, 1983, at Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of May, 1983. COPIES FURNISHED: Ms. Catherine Scott 12712 Ellison-Wilson Road Juno Isles, Florida 33408 R. E. Williams, Executive Director Florida Commission on Human Relations 2562 Executive Center Circle, East Suite 100, Montgomery Building Tallahassee, Florida 32301 Eugene W. Murphy, Jr., Esquire Murphy, MacLaren & Littell, P.A. 341 Royal Poinciana Plaza Post Office Box 2525 Palm Beach, Florida 33480
Findings Of Fact Respondent Francis J. Sortino has been employed by the School Board of Broward County at Deerfield Beach High School in Deerfield Beach, Florida, since 1970 when the school opened. For ten years, he served as the school's planetarium director. In 1979 or 1980, he returned to teaching science in the classroom. In the fall of 1981, he taught a third-hour science class in which Thomas Bates, Debbie Landoskey, Lonnie McKever, Ricky Huntley, Steve Santiago, and Joe Sawyer, among others, were enrolled. On October 28, 1981, Joe Sawyer took the seat near the back of the class to which he had been assigned at the beginning of the school year, even though he had been subsequently reassigned to a seat in the front of the class. When Joe Sawyer and Steven Santiago began talking to each other, Mr. Sortino directed Joe Sawyer to take the seat at the front of the class. Joe Sawyer, who stood five feet one inch, weighed 97 or 98 pounds, and was 15 years old at the time of the hearing, complied with this request, but soon struck up a conversation with Thomas Bates. Thereupon Mr. Sortino told Joe Sawyer to move again, over near Debbie Peck. Joe Sawyer stood up, began moving in the direction Mr. Sortino had indicated (T. 293), and asked, "Where do you want me to move?" at least once. Mr. Sortino then picked up an empty desk, threw it so that it slid some ten feet across the floor and stopped against the wall, grabbed Joe Sawyer by the nape of the neck, forcibly set him down in the desk, and struck him with his open hand, using first his palm and then the back of his hand. These cuffs, no more than four in all, were not administered with Mr. Sortino's full strength; they fell on Joe Sawyer's shoulder or on the back of his neck. All this occurred in the presence of some 30 classmates, a few of whom called out urging Joe Sawyer to go to the school office to report the incident. Joe Sawyer did not cry, call out or resist. His face reddened and he laid his head down on his desk, but he was not seriously hurt. He did not require medical assistance or sustain any permanent injury. Aside from Mr. Sortino, no adult was present when respondent struck Sawyer. Mr. Sortino made no effort during third-hour science class on October 28, 1981, to secure the presence of another adult. The school principal, Rosa J. Lawson, had not delegated to respondent or any other teacher the authority to administer corporal punishment. On October 28, 1981, the School Board of Broward County had in force the following policy, No. 5301: Discipline - Corporal Punishment The principal, or in his/her absence, the person in charge of the school, shall have the responsibility for maintaining overall disci- pline within the school setting. The principal shall share with the teacher the responsibility for maintaining proper school conduct and morale. Further, he/she may delegate to the teachers such responsibility for control and direction of the students as he/she considers desirable. When and where such responsibility has been delegated the teachers shall be sup- ported in any reasonable action they may take. Each pupil enrolled in a school shall, during the time he/she is being transported to or from school at public expense, during the time he/ she is attending school, and during the time he/she is on the school premises, be under the authority of the principal or teacher in charge of the school, and under the immediate control and direction of the teacher or other member of the instructional staff or of the bus driver to whom such responsibility may be assigned by the principal. The board shall do everything within its legal power to protect and support the principal and teachers in their disciplinary role. This shall include legal support in accordance with Florida Statutes, Section 230.234. In addition, the board shall assist the principal, teacher, bus driver and/or other school staff members in bringing about penalties for the disruption of school functions or assault upon the instruc- tional staff as set forth under Florida Statutes, Section[s] 231.06 and 231.07. Corporal punishment may be administered at the discretion of the principal or his/her designated representative. Normally this should be done only after other corrective measures have been tried without success. A teacher shall not inflict corporal punish- ment except upon approval of the principal and only then in the presence of another adult who is informed beforehand, and in the student's presence, of the reason for the punishment. Such punishment may not be degrading or unduly severe in its nature. (For clarification, see Florida Statutes, Section 232.27) All suspensions or expulsions shall be made in accordance with Florida Statutes and board policy 5006. Rules When corporal punishment is administered, the following rules shall be observed: The punishment shall be administered by the principal or by some other member of the professional staff designated by him/ her. Under no circumstances shall a stu- dent be struck about the head or shoulders. The punishment shall be administered poste- riorly by striking the student below the waist and above the knees. The administration of corporal pun- ishment shall be witnessed by at least one (1) other member of the staff. Corporal punishment shall not be administered in the presence of other students. When disciplinary action is taken by the principal and/or his/her designee the teacher referring the disciplinary case will be advised in writing of the action taken. A teacher may not suspend a child from school or class. However, in cases where an emergency situation develops, the teacher shall take such steps as are rea- sonably necessary to protect the students. The use of reasonable force necessary to isolate the disruptive student from the classroom shall not constitute corporal punishment as defined in accordance with Section 232.27, Florida Statute[s] , and shall not be used as a basis for the sus- pension of any member of the school staff nor for holding anyone liable for such an act unless the force used is degrading or unduly severe as to its nature. The designated member of the pro- fessional staff or principal who has admin- istered punishment shall provide the pupil's parent or guardian with a written explana- tion of the reason for the punishment and the name of the other adult who was present. Petitioner's Exhibit No. 11. The substance of this policy was fully explicated in the Deerfield Beach High School Teachers' Handbook at pp. 16, et seq., Petitioner's Exhibit No. 9. The policy of the School Board of Broward County with respect to corporal punishment has not changed, in substance, for a decade or more. Respondent was furnished a copy of Petitioner's Exhibit No. 9 at the beginning of the 1981-1982 school year. The Deerfield Beach High School Teachers' Guidebook also contained the following: Referrals to the Administrative Assistants The control of students is not something that can be achieved by so many rules or by the work of a few individuals, but rather by sincere and cooperative effort on the part of the entire faculty and staff to understand pupils and their problems. Teachers are encouraged to handle their own disciplinary problems whenever possible. Adequate lesson planning and consistancy [sic] of discipline are probably the best means of avoiding disciplinary difficulties. However, when a student becomes persistently unmanageable in the classroom to the detriment of the learn- ing situation or when his offense is of such a nature that he should be referred to some- one else, the teacher should write to the Administrative Assistant. This should be done only after the teacher has exhausted every means at his disposal to corre[c]t that student's conduct. In cases of EMERGENCY nature, the teacher should use the BUZZER to summon an Administrative Assistant to accompany the student to the office. When a referral becomes necessary, please use the three-part referral provided by the Administrative Assistant's office. Give as much information as possible about the reason for the referral in order to help the Administrative Assistant determine the measures to be taken. If the referral form is not adequate, please feel free to use an attachment. Petitioner's Exhibit No. 9. Respondent Sortino's own personal approach to discipline problems in the classroom is, he testified, fully consistent with the foregoing: If I have a child that's, you know, a minor infraction, the first thing I do is ask him to write a composition, have him take it home and get it signed by his parents. Then they bring the composition back to me. This way I ask the child to do something on why--let's say, for instance, he's just talking in class, or chewing gum, whatever it is. Whatever the infraction, I ask the student to write me a one page composition as to why they shouldn't do that in school, to take it home and have it signed by the parents, and bring it back to me. If they do it again, they write another composition. Generally, I ask them to write three compo- sitions. Generally, after three compositions, what I do is call home. That is not always successful, but I have made phone calls to parents at home. In many cases they tell me, I can't control him at home, can't you. At that point, then I would give detentions, which is school policy to give a student detentions. If he fails to serve detentions, I would write a referral on that student and send him to an adminis- trative assistant, and then they're supposed to take care of it from there. And that's the policy I've been follow- ing, as far as administering discipline in the classroom. (T. 302-303.) Even though he could not remember ever asking Joe Sawyer to write a composition, and never telephoned his parents, Mr. Sortino thought, at the time of the hearing, that his striking Joe Sawyer on October 28, 1981, "was proper." (T. 282.) This episode "was a second occurrence of this type incident." (T. 221.) Mr. Sortino did not refer Joe Sawyer to the school administration for discipline on October 28, 1981, or at any other time, although he did make several other such referrals of students in the fall of 1981. On October 28, 1981, he referred a student named Donald Evans to Rubin C. Ransaw, Jr., an administrative assistant at Deerfield Beach High School, for disciplinary action after Evans, in the presence of Mr. Sortino and other students, said, "Sortino sucks," twice. Petitioner's closing argument was made in written form and filed on May 11, 1982, Respondent's proposed findings of fact, conclusions of law and recommended order were filed on May 13, 1982. These submissions were considered in preparation of the recommended order. Respondent's proposed findings of fact have been adopted, in substance, for the most part. To the extent they have not been adopted they have been deemed unsupported by the weight of the evidence or immaterial to this cause.
The Issue Whether the Petitioner committed the violations alleged in the Administrative Complaint dated October 25, 2004, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Education Practices Commission ("EPC") of the Department of Education is the state agency with the authority to suspend or revoke the teaching certificate of any person holding such a certificate in the State of Florida. § 1012.795(1), Fla. Stat. The Commissioner of Education is the state official responsible for making a determination of probable cause that a teacher has committed statutory or rule violations based on the investigation conducted by the Department of Education. § 1012.796, Fla. Stat. Mr. Mitchell holds Florida Educator's Certificate No. 715339. At the times material to this proceeding, Mr. Mitchell was employed as a teacher by the Palm Beach County School Board.3 T.P. was born on March 19, 1984, and she was a student at Palm Beach Lakes High School in January 2000. T.P. met Mr. Mitchell in January 2000. At the time, Mr. Mitchell was 29 years old and was a teacher at J.F.K. Middle School. T.P. withdrew from school in June 2000. Mr. Mitchell and T.P. applied for a marriage license on July 28, 2000, and were married on September 25, 2000. On May 29, 2001, T.P. gave birth to a son, who was Mr. Mitchell's child.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order dismissing all charges against Michael Mitchell. DONE AND ENTERED this 1st day of June, 2007, in Tallahassee, Leon County, Florida. S PATRICIA M. HART 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, 2007.
