The Issue The issues here are as presented through an administrative complaint brought by the Petitioner against Respondent. In particular, it is alleged that Respondent falsified applications related to her certification as a teacher in the State of Florida and her employment as a teacher in the Duval County, Florida School System. In particular it is alleged that Respondent falsely answered questions pertaining to her arrest or conviction for a misdemeanor offense in Jacksonville, Florida. For these acts, Respondent is alleged to have violated Section 231.28(1), Florida Statutes, in that she has obtained her teaching certificate by fraudulent means and been guilty of personal conduct which seriously reduces her effectiveness as an employee of the school system. Moreover, it is alleged that further fraud was committed related to Rule 6B- 1.06(5)(a)(g) and (h) Florida Administrative Code, pertaining to fraudulent statements or disclosures.
Findings Of Fact On April 28, 1981, Shirley Lambert made application to be certified as a teacher in the fields of health education and physical education. This certification request was made with a State of Florida, Department of Education Teacher Certification section. A copy of the application may be found as Petitioner's Exhibit No. 2, admitted into evidence. As part of the application, question V asks, "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" Lambert responded in the negative. Lambert also signed the application form below that portion of the application related to notarization which states "I understand that Florida Statutes provide revocation of a teacher's certificate if evidence and proof is established that the certificate is obtained by fraudulent means. (Section 231.28 FS). I certify that all information pertaining to this application is true and correct." As a result of this application, Respondent was issued a teacher's certificate from the State of Florida, Department of Education in the field of physical education. The date of the issuance was June 25, 1982, for a period ending June 30, 1983. A copy of this certificate is found as petitioner's Exhibit No. 1, admitted into evidence. In fact, as was known to the Respondent at the time of making the application for certificate, she had been arrested and charged with petit theft for an offense that occurred on April 11, 1978, the taking of clothing less than $100 in value. The basis of the charge was Section 812.014(2)(c), Florida Statutes. Respondent pled guilty to this offense and was given a ten day jail sentence which was suspended and probation imposed for a period of six months. The particulars of this disposition may be found in Petitioner's composite Exhibit No. 3, which contained records of court related to the offense. On August 10, 1982, Respondent made application for employment with the Duval County School Board, Jacksonville, Florida. A copy of that application may be found as Petitioner's Exhibit No. 4. This application had a similar question related to prior criminal offenses. The application stated, "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" Again, the question was answered in the negative although Respondent was aware of the aforementioned criminal violation at the time she answered this questionnaire. The application was signed by Respondent and at the place of signature, Lambert was exposed to the language at the signature line which states "I certify that all information on this application is true and accurate and recognize that it is subject to verification and that my employment and/or continuance thereof is contingent upon its accuracy." Not being mindful of her prior criminal involvement the Duval County School System hired Respondent as a substitute teacher on September 13, 1982. Her criminal record was later disclosed to the administrators within that system and her employment was terminated effective October 12, 1982. Had the administration known of the prior criminal involvement, they would not have hired Lambert in view of the fact that they could be more selective and not choose a person with a prior criminal involvement, given the high number of applicants for jobs within their system. Dalton Epting, Director of Certified personnel of Duval County Public Schools, felt that a prior conviction of a misdemeanor offense of petit larceny would be in violation of standards required of teachers in Duval County. Likewise, the offense of petit larceny would be sufficient grounds to deny certification when requested of the State of Florida, Department of Education. Respondent testified that in the course of the final hearing and indicated in discussing both applications which are at issue that she read those applications too fast and made a mistake in answering the questions related to her prior criminal involvement. She felt in effect that she had not read the applications carefully. Moreover, in giving her explanation at final hearing, even though she recognized her prior criminal involvement in the way of arrest and the plea of guilty to petit theft, she stated that she did not feel the questions in the applications related to misdemeanors. She was of the opinion that the questions pertained to more serious crimes. Given the plain language of the questions in the application for certification with the State of Florida and the application for a position with the Duval County School Board and the precautionary statements related to accuracy and possible penalties for inaccuracy, Respondent's explanations are not plausible. Respondent's comments do not constitute a reasonable excuse for having falsified her applications for certification and employment.
Findings Of Fact Respondent was reassigned to Douglas MacArthur Senior High School- North, an alternative school, on December 16, 1982, because of his unacceptable conduct in Grade 9 at North Miami Junior High School. Petitioner presented evidence of 16 incidents of conduct by Respondent which required disciplinary action in the year preceding his reassignment to the alternative education program. Additionally, his grades in all courses were unsatisfactory at the time of reassignment. Respondent did not accept the alternative school assignment and instead obtained employment at a restaurant. He is now living with his grandmother, Mrs. Helen Wood, who seeks his return to a regular junior high school program. She has discussed this proposal with the principal of Thomas Jefferson Junior High School and he apparently agrees with her. Respondent's evidence established that his family life was difficult and disruptive during the period of his misconduct. His situation has now stabilized and he is responsive to his grandmother's supervision. He should, therefore, be given an opportunity to return to the regular academic program (Grade 9) at Thomas Jefferson Junior High School.
Recommendation In consideration of the foregoing, it is RECOMMENDED that Petitioner enter a Final Order classifying Respondent as a disruptive student, but permitting him to attend the Thomas Jefferson Junior High School in a probationary status. ENTERED this 6th 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 6th day of May, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Helen Ward 1000 Northwest 153rd Street Miami, Florida 33169 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas, Esquire Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Thomas L. Berkner, Petitioner, holds a continuing contract status as principal of elementary school in Orange County. During the 1977-1978 school year Petitioner was assigned as principal of the Winter Garden Elementary School which had a student enrollment of approximately 250 and consisted of kindergarten, first and second grades only. The Orange County School Board consolidated Winter Garden and Dillard Street Elementary Schools for the school year 1978-1979 leaving one principal for the school which retained the separate facilities, but was called Dillard Street Elementary School. The job of principal of the consolidated schools was given to the Dillard Street School principal and Petitioner was transferred to the position of Program Coordinator, ESEA Title I at the same salary he was paid as principal. The ESEA Title I Program is a federally funded project to serve economically disadvantaged and educationally deprived or disadvantaged children in grades 1, 2, and 3 but math is extended to grades 4, 5, and 6. The pay grade for Program Coordinator Title I was pay grade 46 and when first assigned Petitioner's personnel records reflected this pay grade (Exhibit 3). However, the records were corrected to reflect his continuing contract status and his pay grade was increased to 48 (Exhibit 4) the same pay grade for elementary school principals for schools with enrollment below 800. Although program coordinators are on annual contract status, Petitioner does not, while serving in this capacity, lose the continuing contract status as an elementary school Principal which he acquired in 1970. Scholastic and experience requirements for various positions in the Orange County school system are revised when these positions are advertised for applicants and generally reflect the highest qualities available in the local job market. At the present time elementary school principals and program coordinators are required to hold a masters degree. In addition program coordinators must be certified in elementary education and supervision, and have a minimum of five years teaching experience at the elementary level. Elementary principals must be certified in elementary school administration and supervision, and have a minimum of five years teaching experience (Exhibits 5, 7, and 9). Both principals and program coordinators perform primarily administrative functions as opposed to teaching functions. The principal is given overall responsibility for the school to which he is assigned and has certain statutory duties and authority that are not visited upon other positions. These include administrative responsibility for evaluating the educational program at his school, recommending the transfer and assignment of personnel at his school, administrative responsibility for school records, authority to administer corporal punishment and suspension of students, and perform such other duties as may be assigned by the Superintendent. Those duties assigned by the Superintendent are contained in the Job Description, Elementary School Principal (Exhibit 7) and phrased in the lexicon of education administrators, call upon the principal to promote, develop, coordinate, formulate, involve, manage and initiate programs and relationships to optimize the effectiveness of the school. The job description of the Program Coordinator ESEA, Title I (Exhibits 5 and 9) assigns to him responsibility for supervision of the Title I Program. The program coordinator's typical duties include interpreting the philosophy and goals of the program, assisting teachers, planning activities, participating in program planning, assisting principals and staffs, preparing and submitting reports and records, and performing other duties that may be assigned. Both jobs involve dealing with teachers and students, supervision, and administrative functions in carrying out the program for which each is responsible. The principal carries out his duties in the school to which he is assigned and works from his office while the program coordinator is responsible for the Title I program in several schools and spends a large part of his time away from the "office" he shares with other program coordinators. The principal has a secretary while the program coordinator must share a secretary with other program coordinators. However, one witness described the secretary at one elementary school as a school secretary and that the secretary did not work solely for the principal. Of those 15 typical duties of an elementary school principal listed on Exhibit 7, the program coordinator performs all but 5 and they involve duties that may be described as school-oriented rather than program-oriented. Of those 7 typical duties listed on Exhibit 9, Job Description for ESEA Title I Program Coordinator, the elementary school principal performs all except serve on Title I advisory council. Several witnesses testified that the position of principal was more prestigious than that of program coordinator, however, when all the evidence is considered it appears that prestige, like beauty, is in the eye of the beholder. While testifying in his own behalf Petitioner averred that as a program administrator he had no administrative duties and no personnel duties. Other program coordinators testified that they did have administrative and personnel duties. Petitioner acknowledged that most of the typical duties listed on Exhibit 7 were also performed by program coordinators.
The Issue The issue is whether Respondent's professional services contract with the Hernando County School Board should be terminated.
Findings Of Fact The School Board is the agency responsible for the administration of the school system in Hernando County. The School Board has employed Mr. Ellison almost continuously since 1979. In addition to teaching, he has coached students in various sports. Until September 16, 2005, he taught pursuant to a professional services contract at Central High School. On September 15, 2005, Mr. Ellison's 1996 Dodge truck was located at the school's auto shop. Mr. Ellison had driven it there. Students studying automobile repair were to attempt to repair his truck's air conditioner, which was not functioning. Mr. Ellison had provided the truck to the auto shop personally after having made arrangements with the automobile repair teachers the previous day. He was aware that the repair job was to be accomplished by students. Peter Koukos, the vocational instructor, informed Mr. Ellison, that in order to repair the air conditioner the glove box would have to be removed. Mr. Ellison assented to this procedure. While attempting to remove the glove box, students discovered a loaded Power Plus .38 special revolver in it. The students who found it duly reported its presence to Mr. Koukos, who took custody of it. It was eventually delivered to the school resource officer, Deputy Sheriff Debra Ann Miles, who placed it into evidence in accordance with Hernando County Sheriff's Office procedures. It is found as a fact that the revolver was owned by Mr. Ellison and it was he who had placed the weapon in the glove box of the truck and it was he who had driven it onto the Central High School grounds on September 15, 2005. Mr. Ellison had experienced a previous incident with this weapon on January 21, 2002. This incident was precipitated when a citizen reported to the Hernando County Sheriff's Office that a man was standing by a parked pick-up truck in the Fort Dade Cemetery with a handgun in the left front pocket of his jacket. A deputy was dispatched to the cemetery. The deputy stopped a truck as it exited the cemetery. The truck the deputy stopped was being driven by Mr. Ellison and it was the same 1996 Dodge that was involved in the September 15, 2005, incident. On the prior occasion Mr. Ellison related to the deputy that he was having domestic difficulties and the deputy, with Mr. Ellison's permission, seized the weapon which was in his possession. The weapon seized by the deputy was the very same .38 special revolver found at Central High School on September 15, 2005. The weapon was released to Mr. Ellison on February 12, 2002, because his actions with it on January 21, 2002, were completely lawful. He thereafter placed the weapon in the glove box of the 1996 Dodge. He forgot that it was there and if he had thought about it, he would not have left it in the glove box of the truck when he delivered it to the students in the auto repair shop on September 15, 2005. There was no intent to bring the weapon on campus. Mr. Ellison is aware of the harm that can ensue from carelessly leaving weapons in an environment where curious students might retrieve it and harm themselves or others. He has never denied that the gun was his or that anyone other than himself was responsible for the weapon being brought to the campus. Mr. Ellison knew that School Board Policy 3.40(6) provides that no one except law enforcement and security officers may possess any weapon on school property. This was explained to all of the teachers in a pre-school orientation session conducted August 1-5, 2005, which Mr. Ellison attended. Procedures to be followed in the event a gun or other dangerous weapon was found on campus were reviewed during this orientation session. These procedures are contained in the Central High School Blue Book, 2005-06 and Mr. Ellison knew this at the time he drove his truck onto school property. Mr. Ellison was and is familiar with the Code of Ethics and Principles of Professional Conduct that addresses the behavior of teachers. He is aware that he has a duty to make a reasonable effort to protect students from conditions that may be harmful. Ed Poore, now retired, was an employee of the School Board for 31 years. He served in the district office as administrator of personnel and human resources, and specifically, was involved with the administration of discipline and the enforcement of School Board policy. Mr. Poore stated that intent was not a factor in determining whether a violation of School Board Policy 3.40(6) had occurred. He further noted that the Policy does not provide for a sanction for its violation. He testified that in determining a sanction for a violation of this section, he had observed in the past that the School Board had considered the sanction imposed on others in similar situations, the individual person's time and service as a teacher, and any other pertinent mitigating circumstances. Mr. Ellison's character was described by several witnesses as follows: Brent Kalstead, the Athletic Director at Hernando High School, who has been a teacher for 18 years, stated that he had coached with Mr. Ellison and that he had entrusted his son to him so that he could teach him baseball. He said that Mr. Ellison was dedicated to the youth of Hernando County. Marietta Gulino, is Mr. Ellison's girlfriend and a school bus driver. She stated that Mr. Ellison often takes care of children after working hours. Richard Tombrink has been a circuit judge in Hernando County for 17 years. He has known Mr. Ellison for 15 years as a baseball coach and at social events. He said that Mr. Ellison is committed to educating children and has great character. Lynn Tombrink is the wife of Judge Tombrink and is a teacher at Parrott Middle School and has known Mr. Ellison for 20 years. Ten years ago she taught in the room next to him. She would want him to teach her children. Regina Salazo is a housewife. She stated that Mr. Ellison was her son's pitching coach and that he loves children and they love him. Timothy Collins, a disabled man, said that his grandson and Mr. Ellison's grandson play baseball together and that he knows Mr. Ellison to be professional, a no nonsense type of person, and a gentleman. It is his opinion that the School Board needs people like him. Gary Buel stated that Mr. Ellison was his assistant baseball coach and that Mr. Ellison was dedicated and motivated. He described him as selfless. The parties stipulated that if called, the following witnesses would testify that they know Mr. Ellison to be a good, decent, honorable man; that they know him to be a good educator and coach; that they are aware of the circumstances surrounding the gun being in his truck on School Board property; that they do not believe that termination is the appropriate action in this case; and that he would remain an effective teacher: Carole Noble of Ridge Manor; Rob and Vickie Fleisher of Floral City; Vinnie Vitalone of Brooksville; Tim Whatley of Brooksville; Rick Homer of Brooksville; Rob and Candy Taylor of Spring Hill; Robbie Fleisher; Mark Frazier of Brooksville; Miya Barber of Brooksville; Nate Dahmer of Brooksville; Hank Deslaurier of Spring Hill; John and Mary Jo McFarlane of Brooksville; Pete Crawford of Brooksville; Patrick Ryan of Tampa; Ed Bunnell of Spring Hill; and Alan and Cecilia Solomon of Brooksville. It is found as a fact, based on the record of hearing, that Mr. Ellison is an excellent teacher who works well with children and whose character is above reproach. He is not the type of person who would consciously bring a weapon onto school grounds or commit any other purposeful act which might endanger students. Mr. Ellison has not been the subject of prior disciplinary actions.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that Final Order imposing a 30-calendar-day suspension without pay be imposed as a penalty in this cause, and that Respondent, Michael Ellison, be reinstated to a teaching status and be awarded back pay and benefits to which he would have otherwise been entitled since November 15, 2005, less the 30-calendar-day suspension without pay. DONE AND ENTERED this 23rd day of February, 2006, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 23rd day of February, 2006. COPIES FURNISHED: J. Paul Carland, II, Esquire Hernando County School Board 919 North Broad Street Brooksville, Florida 34601 Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street, Room 1244 Tallahassee, Florida 32399-0400 Wendy Tellone, Ed.D. Superintendent of Schools Hernando County School Board 919 North Broad Street Brooksville, Florida 34601-2397
The Issue Whether there was “just cause” for the termination of Respondent’s employment, as that term is referred to in section of the Policies and Procedures Manual of the School Board of Manatee County, Florida, by: Respondent’s using school district property for personal gain, by working on tasks related to a student-based educational European trip through Education First (EF) during her district duty hours in the spring of 2009. Respondent’s consuming excessive alcoholic beverages in the presence of students and parents of Buffalo Creek Middle School (BCMS) during an EF trip in the summer of 2009. Respondent’s reporting to BCMS on August 14, 2009, in order to collect her personal belongings, and appearing to be inebriated Respondent’s contacting witnesses to the investigation to discuss details of the investigation. Respondent’s coming on school grounds on December 7, 2009, while under the influence of alcoholic beverages.
Findings Of Fact The School Board of Manatee County, Florida, is the duly-authorized entity responsible for providing public education in Manatee County, Florida. Respondent, Tammy M. Johnson, has been employed with the School District of Manatee County since February 8, 2000. She was most recently employed as the senior secretary at BCMS. As the senior secretary to the principal of BCMS, Respondent served as the point person for the principal of the school, working hand-in-hand with the principal. Her duties included screening the principal’s mail and phone calls, handling substitute teachers, performing payroll duties, handling leave forms, coordinating clerical office staff, and handling emergency situations as they arose within the school. Respondent was exposed to confidential school information on a regular basis, such as complaints regarding faculty and staff and policy changes being considered within the district. Respondent was employed on an annual contract basis, which was renewed from year to year. Her employment contract was for a term of 11 months and lasted typically from early August to June of the following year. While employed full-time as the senior secretary, in the fall of 2008 and the spring of 2009, Respondent organized a trip to Europe through the student-based educational travel company EF. Respondent sought to recruit BCMS students and their family members to sign up for the trip by placing fliers on campus, posting a sign-up board at the incoming students’ open house, and placing a notice about the trip in the school newsletter. Respondent routinely included a signature line in her school-assigned email address that identified her not only as a Senior Secretary but as an EF tour guide in every email that she sent from her school account. Announcements about informational meetings related to the EF trip were made over the school intercom and these meetings occurred on school property in the evenings. Respondent made fliers at BCMS advertising the EF trip on at least two occasions using school equipment. On one occasion, she made 750 fliers using school paper. During the time Respondent was conducting these activities, her principal was Scott Cooper. Cooper knew of Respondent’s activities in promoting the trip, and that she was using school resources to accomplish it. He did not object or tell Respondent to stop doing so; in fact, he encouraged such trips. Respondent ultimately recruited 10 student participants for the EF trip, all of whom were students at BCMS. The trip also included 15 adult participants, all of whom were family members of BCMS students. In exchange for her work organizing, promoting and chaperoning the EF European trip, Respondent was to receive, and did receive a free spot on the trip to Europe. Respondent served as the group leader for the EF group of BCMS students and parents. Three other BCMS teachers became involved in the EF trip as chaperones: Joseph Baker, Malissa Baker and Jessica Vieira. They also used school resources to promote the trip. The EF trip to Europe took place from June 22, 2009, to July 1, 2009. On June 17, 2009, the Office of Professional Standards (OPS) received a complaint that Respondent was misusing school resources for personal gain. OPS opened an investigation into these allegations. Shortly before Respondent left for Europe, Scott Cooper was replaced as principal. The newly-appointed BCMS Principal Matt Gruhl, met with Respondent to discuss his concern that she included an EF tagline in the signature block of all of her school emails. Gruhl asked Respondent to remove the EF tagline from her email, take the EF poster off of her door, make any necessary copies at a non-school location, and pay standard rates in the future for any advertising done in the school newsletter. Respondent complied with the directive. On June 22, 2009, the flight for the EF trip left from Tampa. Prior to the flight’s departure, Respondent purchased several small bottles of vodka in the airport duty-free shop. Several students observed Respondent doing so. Respondent drank two vodka-and-cranberry drinks on the flight to Europe in the presence of BCMS students and parents. Upon arrival in London, Respondent went with several other parents to a pub across the street from the hotel. While there, Respondent had too much to drink that evening and became intoxicated. Several BCMS students said that Respondent was speaking so loudly that they were able to hear her all the way across the street and up to the fifth story of the hotel. These students were upset by Respondent’s behavior. Respondent was very loud when she returned from the pub. BCMS parents had to help Respondent into the lobby, as she was falling over and laughing loudly. The adults tried to persuade Respondent to go to bed, but she insisted on ordering another drink in the lobby. Respondent was finally coaxed to go upstairs to bed, and she began banging on all the doors to the hotel rooms in the hallway. Respondent had to be physically restrained from banging on the doors. On more than four occasions Respondent was observed mixing vodka-and-cranberry juice drinks in a Styrofoam to-go cup before leaving the hotel with students for the day. The BCMS students on the EF trip commented on multiple occasions about Respondent’s drinking on the trip. The students did not want to go off alone with Respondent because they did not feel safe with her. The students also made observations that Respondent was drunk and stumbling around. On the return plane ride from Europe to Tampa, Respondent again was drinking alcoholic beverages to excess and exhibiting loud and boisterous behavior. While Respondent was in Europe with the EF trip, she had received a text message notifying her that she may be under an OPS investigation. Shortly after Respondent returned, she approached Gruhl and asked him whether there was an investigation concerning her being conducted by OPS. When Gruhl declined to comment on any pending OPS investigations, Respondent then called Debra Horne, specialist in the Office of Professional Standards, and asked whether there was an investigation being conducted. Horne confirmed that there was an open investigation and told Respondent that it might not be resolved until after school started because it involved students and parents. After speaking to Horne, on or about July 20, 2009, and being made aware that she was involved in an open investigation, Respondent called Vieira and told her that they needed to get their stories straight. Respondent also left messages for Joe and Malissa Baker stating that she heard that there was an OPS investigation and wanted to know if they had any information or had heard anything about the investigation. Respondent was only partially aware of a School Board rule which prohibited contacting potential witnesses during an investigation, although she was aware that she was expected to abide by all School Board rules. Gruhl spoke to Horne and reported Vieira and Malissa Baker’s concerns. Horne expanded her open investigation to include the allegations about Respondent’s behavior on the trip. Effective August 3, 2009, Respondent was removed from her position and placed on administrative leave with pay pending the completion of an investigation of her conduct by the Petitioner’s Office of Professional Standards. During the time of paid leave she was required to report daily to her principal and could not travel outside the country without permission. After Respondent was placed on paid administrative leave, she came to the BCMS campus on August 14, 2009, to pick up her belongings from her office. She met Gruhl and Assistant Principal Nancy Breiding at the school. Gruhl observed that Respondent smelled strongly of alcohol. She had difficulty keeping her balance and ran into walls, ran into doorways and almost fell when she tried to adjust her flip-flop. Respondent also had great difficulty following the line of conversation when she was speaking with Gruhl and repeated herself numerous times. Concerned, Gruhl permitted Respondent to leave campus after observing that her husband was driving her. He did not seek to send her for drug or alcohol testing, as provided in school board rules. Respondent testified that she had “just one” vodka and grapefruit drink at lunch earlier that day. She denied that Gruhl’s observations were accurate, but also alleged that she was on a prescription medication, Cymbalta, and stated that it caused her to be increasingly emotional and somewhat dizzy. However, she testified that she was completely unaware that combining the medication with alcoholic beverages would have an adverse effect on her. Respondent’s testimony in this regard is not credible. Gruhl’s observations of Respondent’s behavior on August 14, 2009, were incorporated into the OPS investigation. Horne interviewed Respondent on August 20, 2009, regarding the allegations made prior to the trip and the allegations made concerning her behavior on the EF trip. On September 1, 2009, the results of the OPS investigation was presented within the chain-of-command, who recommended to Superintendant Tim McGonegal that Respondent’s employment be terminated. The Superintendant concurred with their recommendation, and on September 21, 2009, the Superintendant notified Respondent that he intended to seek termination of her employment, or, should she request an administrative hearing, suspension without pay pending the outcome of that hearing. Respondent requested an administrative hearing. At their meeting on October 13, 2009, the School Board suspended Respondent without pay. While on unpaid suspension, Respondent had no duties, was not required to report to anyone, and was not limited in her ability to travel. However, she was still a School District employee. On December 7, 2009, while on suspension without pay, Respondent returned by car to the BCMS campus while school was in session to check her son out early for a doctor’s appointment. Aware that she was under investigation for excessive drinking, Respondent admitted that she nonetheless had a drink at lunchtime before going to pick up her son from school around 2 p.m. While on campus, Respondent’s eyes were glassy, she smelled of alcohol, and she was unkempt, which was out of keeping with her usual appearance. When Gruhl learned of the incident on December 7, 2009, he recommended to the Superintendant that Johnson not be permitted to return to the BCMS campus On December 7, 2009, the OPS opened an addendum investigatory file on Respondent concerning the events of December 7, 2009. The addendum OPS investigation alleged that, on December 7, 2009, Johnson entered the BCMS campus while under the influence of alcohol. The testimony of Horne, Keefer, Vieira, Hosier and Gruhl is credible. Respondent’s testimony is found to be unreliable.
The Issue The central issue in this case is whether the Respondent, Jeremiah Everett, should be placed in the Dade County School Board's opportunity school program due to his alleged disruptive behavior and failure to adjust to the regular school program.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: During the 1985-86 and 1986-87 academic years, the Respondent attended Thomas Jefferson Junior High School. During the 1985-86 academic year, the Respondent received grades which indicated a failing mark for the total grading period. Consequently, the Respondent was held back for the 1986-87 academic year and remained in the seventh grade until January 27, 1987, at which time the student was assigned to the Jann Mann Opportunity School-North. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Thomas Jefferson Junior High School may submit a report of the incident to the office. These reports are called Student Case Management Referral forms and are used for behavior problems. During the period of October 8, 1985 through January 20, 1987, the Respondent caused 38 Student Case Management Referral forms to be written regarding his misbehavior. A synopsis of these Student Case Management Referral forms is attached hereto and made a part hereof. K. Krasno is an art teacher in whose class the Respondent was enrolled at Thomas Jefferson Junior High School. While in Ms. Krasno's Class, the Respondent was persistently disruptive, ignored her instructions and authority, and was not prepared for class. On one occasion, the Respondent was involved in a fight. It was not uncommon for the Respondent to walk out of class and refuse to perform assignments as directed. Moreover, the Respondent was persistently tardy to Ms. Krasno's class and refused to give information when requested. D. Borowsky is an instructor at Thomas Jefferson Junior High School. Mr. Borowsky is in charge of the school center for special instruction (SCSI), which is the in-school detention center where problem students are referred. Designated students are to report to the SCSI classroom and are to complete their regular class assignments there. Because of his discipline record, the Respondent was routinely assigned to the SCSI class and on several occasions, Mr. Borowsky was caused to complete Student Case Management Referral forms for him. Mr. Borowsky completed approximately seven Student Case Management Referral forms for the Respondent because the Respondent would habitually run away from the SCSI class. He did so on several occasions by fleeing through a fire door or fire window in order to avoid after-school detention periods. According to Mr. Borowsky, the Respondent did not come to class prepared and did not complete assignments as required. Mr. Borowsky opined that the Respondent only came to school to "have fun." M. Bonny is the assistant principal at Thomas Jefferson Junior High School. Mr. Bonny received the Student Case Management Referral forms that were submitted for the Respondent and had an opportunity to counsel him in an effort to improve his conduct. Additionally, Mr. Bonny received copies of the academic record as maintained by the school for the Respondent and attempted to contact the Respondent's mother with regard to progress made as it related to both his discipline and academic needs. On at least one occasion, Mr. Bonny had a conference with the Respondent's mother to discuss in-depth the behavior problems. The conference did not result in any changed behavior on the Respondent's part. Mr. Bonny recommended that the student be placed in the Jann Mann Opportunity School-North when the Respondent failed to improve or change his behavior or academic progress. Subsequent to his placement at the Opportunity School, the Respondent has received improved grades and conduct evaluations. For the 1985-86 academic year, the Respondent received four F's, three C's and one D. At the time the Respondent withdrew from the Thomas Jefferson Junior High School, his academic grades were four F's, one C and one D.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner enter a Final Order affirming the assignment of Respondent to Jann Mann Opportunity School-North. DONE AND RECOMMENDED this 2nd day of June, 1987, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Frank R. Harder, Esquire 8360 West Flagler Street Suite 205 Miami, Florida 33144 Retha Everett 2150 Northwest 74th Street Miami, Florida 33147 Madelyn P. Schere, Esquire Dade County School Board 1450 Northeast Second Avenue Miami, Florida 33132 JOYOUS D. PARRISH 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 2nd day of June, 1987. Dr. Leonard Britton Super intent Dade County School Board 1450 Northeast Second Avenue Miami, Florida 33132 SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS JEREMIAH EVERETT DATE INCIDENT DISCIPLINE 1. Oct. 8, 1985 Fighting at bus stop One day - SCSI Oct. Oct. 14, 1985 18, 1985 Cutting lunch line - giving wrong name fighting, cutting Two after-school detentions one day - SCSI 4. Dec. 6, 1985 lunch line - giving false name skipped detentions; three days - SCSI 5. Jan. 9, 1986 skipped classes skipped detention one day - SCSI Jan. Jan. 10, 1986 31, 1986 ran away from SCSI at lunch time excessive absenteeism three days - SCSI detention (skipped) Jan. Feb. 31, 1986 4, 1986 left class without permission; unprepared; refused to sit quietly; and did no work. ran out of cafeteria - two days - SCSI five days - SCSI 10. Apr. 10, 1986 left SCSI class refused to sit in one detention class; used profanity 11. Apr. 14, 1986 skipped detention one day - SCSI 12. Apr. 16, 1986 13. Apr. 18, 1986 hit teacher several times skipped sixth period class one one day day suspension suspension May 2, 1986 skipped P.E., went to three days - SCSI class not assigned May 7, 1986 late for classes - one day detention missed one-half of time then enters, disrupting class May 12, 1986 ran out of SCSI class - three days suspension fire door and skipped detention May 19, 1986 fighting in class - one day - SCSI skipped detention one day suspension 18. June 4, 1986 did not report to nine days - SCSI SCSI - physically taken to class; left SCSI class; skipped detention June 4, 1986 ran out fire door - three days suspension left SCSI June 5, 1986 ran out fire door of one day suspension SCSI - came to school while on suspension ran in art class June 12, 1986 talked throughout final assigned to SCSI exam to students in for remainder of class taking test - term disruptive June 13, 1986 refused to go to SCSI skipped detention July 21, 1986 dress code violation one day suspension disobeyed instructions Aug. 4, 1986 refused to obey two day suspension instructions; defied authority of asst. principal in front of students; did not report to office Sept. 8, 1986 disruptive in class; one day - SCSI ignored instructions; unprepared for class Sept. 22, 1986 skipped detentions two detentions Sept. 25, 1986 talking in class; two day suspension called teacher profane name; shouts at teacher Sept. 25, 1986 fighting Sept. 26, 1987 left SCSI class by one day - SCSI climbing out fire window Oct. 8, 1986 disruptive, did not do detention assignments; skipped detentions Oct. 23, 1986 fighting; refusing to one day suspension answer questions Oct. 27, 1986 skipped detention one day - SCSI Oct. 29, 1986 walked out of class one day suspension early; skipped detention Nov. 20, 1986 struck student with one day - SCSI her pocketbook Nov. 21, 1986 attempted parental conference Dec. 3, 1986 persistently tardy; uses five days - SCSI profanity and is disruptive Jan. 8, 1987 skipped detention one day - SCSI 38. Jan. 15, 1987 skipped art class one detention In connection with the above-listed referrals, contact was attempted with the parent(s) on seventeen occasions.
The Issue The issue is whether Petitioner, Ricky Lynn Sapp (Sapp), was nonrenewed for his annual teaching contract for constitutionally permissible reasons.
Findings Of Fact Petitioner was first employed by the Escambia County School Board for the 1984-85 school year in the compensatory education program at Bellview Middle School and later that school year he took the place of an eighth grade math teacher who was out on maternity leave. Sapp holds a Florida Teaching Certificate in elementary education and is not certified to teach in middle school. He has a bachelors degree. Sapp was asked by the School Board to take the courses necessary to become certified in middle school math, but did not do so because he was working at another job at the time. Petitioner was hired on annual contract by the principal of Bellview Middle School to teach seventh grade math during the 1985-86 school year and to teach sixth grade for the 1986-87 school year. For the most part, Sapp received excellent performance evaluations from the Bellview principal. In September, 1986, a mother of a Bellview Middle School student complained to the principal regarding what she believed to be unacceptable contact between Sapp and her son. The principal told Sapp to stay away from the student, but the parent's complaints continued. The student had been in Sapp's seventh grade math class the prior school year. On November 7, 1986, Sapp was arrested for lewd and lascivious assault on that student. As a result of these charges the Superintendent of the Escambia County School District recommended to the School Board that Sapp be suspended without pay. The School Board voted to disapprove the Superintendent's recommendation. Instead, Sapp was reassigned to administrative duties at the Hall Center. In the fall of 1986, Sapp was also notified by the Department of Education, Professional Practices Services (PPS), that an investigation of the allegations involved in the criminal charge had been instituted. On April 1, 1987, Sapp received the standard memo from the School Board, signed by the Bellview principal, indicating that his annual contract was going to expire at the end of the 1986-87 school year. The memo also indicated that the school district would move as rapidly as possible on the reappointment of the annual contract teachers recommended to the Superintendent for reappointment for the 1987-88 school year, but "personnel assignments resulting from the closing of the Beggs Center and the redistricting of all middle school boundaries greatly obscures the timeline for such reappointments." During the summer of 1987, Sapp talked to Dr. Roger Mott, the Assistant Superintendent for Personnel Services of the school district, and others in his office regarding appointment to an annual contract for the 1987-88 school year. Sapp claims he was told by Mott that he would not be rehired until after his criminal trial. Mott denies telling this to Sapp. Because Sapp's testimony was very confused and contradictory regarding these alleged statements by Mott, Sapp's version is given little weight. Instead, it is found that Mott did not tell Sapp that he would be rehired after the criminal trial. During the discussions between Sapp and Mott in the summer of 1987, Mott did tell Sapp that he was free to interview with any principals in the district for open annual contract positions, however those principals who inquired would be told that there was a Professional Practices Services investigation. Sapp expressed interest only in employment at Bellview. During 1987 the middle schools of Escambia County were redistricted. As a result of redistricting, Bellview Middle School anticipated losing approximately 300 students and 10 teaching positions for the 1987-88 school year. After the jury found him not guilty on August 12, 1987, Sapp again inquired regarding employment. According to Charles McCurley, principal of Bellview Middle School, there were no positions available at Bellview. By letter dated August 21, 1987, Sapp was advised that the Professional Practices Services was investigating two complaints. The first related to the charge of lewd and lascivious assault on a child. The second complaint was that Sapp had received his teaching certificate by fraudulent means because he failed to disclose two criminal convictions on his applications. Mott became aware of the PPS investigation and he discovered that Sapp had apparently falsified the applications for his teaching certificate and the applications for employment with the Escambia County School District. Mott then informed Sapp that the chances of reemployment were not good and that he could not be considered for employment until the PPS investigation was complete. Mott also testified that Sapp was not reemployed because of the information that formed the basis of the second PPS investigation. While this is not the place to determine whether or not Sapp falsified these applications, it is necessary to determine what facts the Respondent acted on in not renewing Sapp's annual contract. Sapp's applications to both the school district and the state showed that he answered "no" when asked if he had ever been convicted of a felony or first degree misdemeanor or other criminal offense other than a minor traffic violation. Sapp has, in fact, been convicted of at least two such violations which were not disclosed. Sapp approached Robert Husbands, Executive Director of the Escambia Education Association, for assistance in getting employment. Husbands talked to Mott. Mott informed him that Sapp could not be rehired until the PPS investigation was resolved. Husbands found that there were seven teaching positions in the whole county which were vacant at the beginning of the 1987-88 school year. Two of those positions were located some distance from Pensacola. Only one of those positions was known to have been filled by an annual contract teacher. There were 37 annual contract teachers in the school district who were not renewed for the 1987-88 school year. Eight others who were not renewed at the beginning of the school year were rehired during the year. Because of redistricting, Bellview had only one opening for an annual contract teacher after it placed its continuing contract teachers. That one opening was for reading and was filled by a reading teacher with a masters degree. Sapp was not qualified for that position. After the 1987-88 school year had begun, Bellview experienced increased enrollment and a resulting increase in teaching positions. Those positions were filled by teachers who were teaching in their field of certification and who were at least as qualified as Sapp. It was very important that Bellview have teachers working in their area of certification because the school was to be audited for accreditation in the 1987-88 school year. Sapp's former position at Bellview was filled by a continuing contract teacher who had previously taught seventh grade and who was certified to teach in both middle and elementary school. The teacher who took over Sapp's class in the 1986-87 school year was not rehired. During the first week of the 1987-88 school year, Sapp sought employment at Bellview and the principal correctly told him there were no jobs. Later, in October, 1987, a position opened up at Bellview and a continuing contract teacher with a masters degree in reading and 18 years of experience was transferred in at her request. Sapp believes he was not renewed as retaliation for the School Board's rejection of the Superintendent's recommendation for suspension on January 27, 1987. This allegation is based only on Sapp's personal feeling and no evidence was presented to substantiate his belief. Sapp also believes he was not renewed because of the arrest itself. Again, no evidence was presented to substantiate his belief. By letter of September 18, 1987, the School District, through counsel, advised Sapp's attorney that Sapp would not be considered for reemployment until the PPS investigation was concluded and the District was advised of the results. The PPS has not filed any complaint against Sapp based on either of its investigations.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner, Ricky Lynn Sapp, be DENIED relief from the nonrenewal of his annual contract and that his request for relief be DISMISSED. DONE and ENTERED this 8th day of March, 1988, in Tallahassee, Florida. DIANE K. KIESLING 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 8th day of March, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-5059 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the parties in this case. Specific Rulings on Proposed Finding's of Fact Submitted by Petitioner, Ricky Lynn Sapp Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1); 2(10); 3(12); 4(14); 5(2); 6(2); 8(3); 9(3); 11(4); 12(5); 13(8); 15(6); 16(7); 18(23); 20(20); 21(24); 22(26); 23(26); and 25(27). Proposed findings of fact 7, 17, 28 and 29 are subordinate to the facts actually found in this Recommended Order. Proposed finding of fact 10 is rejected as irrelevant. Propose findings of fact 14, 19, 24, 26, 27, and 30 are rejected as being unsupported by the competent, substantial evidence. Specific Rulings on Proposed Findings of Fact Submitted by Respondent, School Board of Escambia County Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(9); 2(1 and 10); 3(11); 4(25); 5(25); 6(13); 7(14 and 16); 8(15 and 22); 9(18); 10(22 and 23); 11(6); 12(19); 13(29); 14(30 and 31); 15(32); 16(33); 18(19); 19(27); 20(28); 21(33); 22(34); and 23(35). Proposed finding of fact 17 is rejected as being unnecessary. Proposed finding of fact 24 is subordinate to the facts actually found in this Recommended Order. COPIES FURNISHED: G. James Roark, III, Esquire 17 West Cervantes Street Pensacola, Florida 32501 Philip J. Padovano, Esquire Post Office Box 873 Tallahassee, Florida 32302 Mike Holloway Superintendent of School Board Escambia County 215 West Garden Street Post Office Box 1470 Pensacola, Florida 32597-1470 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399
The Issue The issue to be determined in this case is whether Respondent violated section 1012.795(1)(f), (g), and (j), Florida Statutes, and Florida Administrative Code Rules 6A-10.081(2)(a)1., 5., and 8., and, 6A- 10.081(2)(b)1., and 3., as alleged in the Amended Administrative Complaint. If it is found that Respondent has committed any of the statute or rule violations alleged, the penalty that should be imposed must also be determined.
Findings Of Fact Based on the demeanor and credibility of the witnesses, the documentary evidence admitted, and the record as a whole, the following facts are found: Respondent held Florida Educator's Certificate Number 1294936, covering the areas of English, English for Speakers of Other Languages (ESOL), and Reading, which was valid through June 30, 2020. At all times material to the allegations in the Amended Administrative Complaint, Respondent was employed as a Reading Teacher at Don Estridge High Tech Middle School ("Don Estridge") in the Palm Beach County School District. C.V.'s Relevant Background During the 2017-2018 school year, C.V. was an eighth-grade student at Don Estridge. Respondent was his intensive reading teacher. Intensive reading is a remedial course for students who are reading below grade level. Prior to working with Respondent, C.V.'s grades were below average. He received D's and F's in school. In 2016, C.V.'s mother, Renee Horn, married C.V.'s stepfather, Charles Horn. Prior to that marriage, C.V. was an only child living alone with his mother from the time he was two years old. C.V.'s stepfather also had children from a previous relationship. At the time C.V. met Respondent, his parents observed that he was having a difficult time adjusting to their newly- blended family. C.V.'s parents allowed him to spend time with his biological father. However, in their parental judgment, they believed that it was in C.V.'s best interest to limit visitation with his biological father. C.V.'s parents observed that C.V. displayed signs of non-characteristic fragility and volatility while he was under the instruction of Respondent, which concerned them. C.V.'s parents believed that the demonstrated emotional changes in C.V. were related to his friendship with Respondent and his resistance to the parents' desire to draw more boundaries with respect to that friendship. C.V. did not testify. Therefore, the source, or sources, of the behavioral issues observed by his parents and other adults around him were not conclusively established. Respondent's Relevant Background Respondent viewed herself as a teacher who was relatable to her students. She was an enthusiastic and energetic educator who enjoyed taking the time to help students whom she described as having previously slipped through the cracks. Respondent regularly provided extra help to students who requested it. Her door was open to any of her students who desired additional assistance with their school work. She regularly provided academic help to students during her lunch break. Tutoring C.V. first began receiving extra help with his school work from Respondent during his lunch period. In addition to C.V., Respondent regularly had between five and 15 other students in her classroom during the seventh-grade lunch period. This was also the time allotted to Respondent for her own lunch break. There was also a group varying between five and ten students whom she allowed to come to her classroom to work while she was teaching another class. Additionally, C.V. came to Respondent for help with his work in the mornings before school started. After C.V. began spending extra time working with Respondent, his grades improved. C.V.'s parents were aware of the correlation between the help from Respondent and the improvement in C.V.'s academic performance. In December of 2017, C.V.'s mother contacted Respondent and asked her to tutor C.V. outside of school on a private basis in exchange for payment. Respondent communicated with C.V.'s mother through email and text messages. Respondent authorized C.V.'s mother to give Respondent's cell phone number to C.V. so that he could communicate with her directly for educational purposes while the mother was at work. There was no evidence of the content of any text messages between Respondent and C.V. C.V. rode the school bus as his mode of transportation to return home after school. He was unable to stay after school for tutoring and still take the bus to get home. Although it was common for teachers to tutor students at a public library located near Don Estridge, Respondent found that when doing so, she often had to wait with students after tutoring sessions at the library for parents to arrive to provide transportation. This sometimes interfered with Respondent's ability to pick up her own children from preschool on time. For that reason, Respondent tutored C.V. after school at his home. She ensured that others were present at the home during tutoring sessions. Respondent also continued helping C.V. at school outside of his scheduled time in her class on an unpaid basis. With the consent of C.V.'s mother, Respondent transported C.V. from the school to his home either after helping him at school or when she was going to his home to tutor him. There was one occasion when Respondent drove C.V. to school for which it was unclear whether the parents gave her permission to do so. Believing that C.V. had developed an unhealthy attachment to Respondent, C.V.'s parents desired to limit his interaction with her. However, they did not terminate the tutoring sessions. Additionally, C.V.'s mother initiated contact between Respondent and C.V. on matters unrelated to academics amid the parents' efforts to create boundaries in the relationship. C.V.'s Time Spent in Respondent's Classroom In order to come to her classroom during their designated lunch periods, students were required to have a pass signed by Respondent. Those students who came to Respondent's classroom during lunch regularly reused the same pass to eliminate the need for her to create a new pass each time. C.V., along with other students, had such a pass issued by Respondent. Several witnesses testified that C.V. had a sticker on the back of his student identification card, which they characterized as a permanent pass placed there by Respondent, enabling C.V. to visit her classroom at any time. However, the provenance and meaning of the sticker were never conclusively established. On several occasions, C.V. left his elective music class to do work from other classes in Respondent's classroom. He did so with the coordinated permission of Respondent and the music teacher. Respondent believed that it was reasonable for C.V. to do so because her classroom provided a quieter environment for his studies and he was ahead in the music class because of his existing background in piano. When C.V.'s parents learned how much time C.V. was spending in Respondent's classroom during the school day, they thought that it was excessive. Church Attendance and Sharing Religious Beliefs Respondent served as an unpaid worship leader and co-runner of the children's ministry at a church where her father was the pastor. Neither she, nor any other person, served in a role designated to recruit members to the church. Respondent did not receive any incentive from the church to bring in new members. Respondent played music of various genres in her classroom. Sometimes she played Christian music. Respondent wore a cross necklace to school. When asked, she was open with students about the general fact that she was a Christian and that she attended church. Witnesses observed flyers with information about Respondent's father's church on her desk. It was not established that any students received, or even saw, the flyers. Some of Respondent's students have attended her father's church. When a student expressed interest in the church, Respondent did not give the student information about the church without express permission from a parent. With the permission of his parents, C.V. attended Respondent's father's church on several occasions. His parents attended the church with him on one occasion. Also, with the permission of his parents, C.V. was transported to and from church by Respondent or her husband and spent time with Respondent's family at her home after church. At some point, C.V. told some of his classmates that he attended Respondent's church. The nature of C.V.'s comments to his classmates about attending church with Respondent remains unclear. The evidence did not establish that Respondent directed him to do so. Admittedly out of frustration, Respondent posted a Psalm on the door outside of her classroom before leaving Don Estridge on her last day. She had contemplated handing the Psalm to Principal Capitano, but chose to place it on the door instead. A teacher observed the Psalm on the door, and an assistant principal removed it. Overnight Visits On one occasion, C.V. spent the night at Respondent's home with her family while his mother was out of town on a business trip. Having the impression that C.V. was unhappy at the prospect of going on the trip, Respondent and C.V.'s mother arranged for C.V. to stay with Respondent and her family for the weekend. C.V. spent the night at Respondent's home on a second occasion, which was also coordinated between Respondent and C.V.'s mother. C.V. expressed that he wanted to live with Respondent and that he knew more about her than her husband. Exchanging Gifts C.V.'s mother gave Respondent a number of gifts during the time when she was C.V.'s teacher. As a Christmas gift, C.V.'s mother gave Respondent a $100 gift card and two lipsticks. Later, she gave Respondent dresses for her daughters. Finally, for Valentine's Day, she gave Respondent a stuffed animal and a thermal water bottle. Respondent considered the series of gifts to be very generous. C.V.'s birthday was in February. Respondent wanted to reciprocate the generosity of C.V.'s mother by buying C.V. clothes for his birthday. Respondent sought permission from C.V.'s mother to purchase him clothing, which his mother declined. Believing that C.V.'s mother declined the gifts out of social politeness, Respondent ultimately bought him clothing for his birthday. Virginity Conversation One day during class, some of Respondent's students were discussing the topic of virginity among themselves. Respondent was not a party to the conversation until C.V. asked her at what age she thought kids should lose their virginity. Respondent believed that this was an age-appropriate topic for her 12- and 13-year old students to be curious about, but she declined to answer the question. She then told C.V. that it was not an appropriate question for her and that he should ask his mother instead. Although numerous witnesses testified to what they thought Respondent said to her students about virginity, Respondent is the only witness who was present during the conversation. Her testimony on the subject was credible. Principal Capitano testified that if a student brings up the topic of virginity to a teacher, the teacher should respond by saying that it is not an appropriate conversation to have. Meeting with the Guidance Counselor and Aftermath On March 12, 2018, Respondent became concerned that C.V. was exhibiting behavior that caused her to fear that he was considering harming himself. Although she did not believe that C.V. wanted to go, Respondent escorted him to see one of the school's guidance counselors, Kristen Saffici. Respondent took this action because she believed it was her obligation to do so based on C.V.'s behavior, which she considered potentially self-injurious. Counselor Saffici and Principal Capitano agreed that bringing C.V. to a guidance counselor was the appropriate course of action for Respondent under the circumstances. Respondent remained in the meeting with Counselor Saffici and C.V. Respondent told Counselor Saffici about her impressions of the problems C.V. was having. Over the course of explaining the background of what she believed to be C.V.'s problems, Respondent stated that she "loved him like a son." Counselor Saffici thought that the statement was inappropriate. From Respondent's perspective, saying that she loved C.V. like a son was a device she regularly employed with students to offset, or soften, a concurrent critical statement. During the meeting, Counselor Saffici observed that C.V. appeared withdrawn and sullen. He had his backpack on the table with his head down on the backpack and did not make eye contact. Respondent consoled C.V. by rubbing his head. Counselor Saffici believed that Respondent's behavior toward C.V. was not appropriate. Counselor Saffici, however, did not perceive the behavior to be sexual in nature. Based on her observations, Counselor Saffici believed that Respondent had no mal intent. It was her opinion that Respondent had C.V.'s best interest at heart. Following the meeting with Counselor Saffici, the school resource officer, Gary Chapman, interviewed C.V. independently to determine whether C.V. was a threat to himself or others. Officer Chapman concluded that C.V. was not considering self-harm at that time. Based on the interview, Officer Chapman's understanding was that C.V.'s emotional distress was related to his desire to see his biological father more often. C.V.'s parents met with Principal Capitano, Counselor Saffici, and Officer Chapman. Having determined that there was no reason to suspect a sexual relationship between Respondent and C.V., Officer Chapman closed his investigation. Principal Capitano told Respondent not to have further contact with C.V. The next day, C.V. came, unexpectedly, to Respondent's classroom to see her. Respondent spoke to him, but tried to get him to leave without alarming him or being rude. After C.V. left, Respondent immediately advised Principal Capitano and Counselor Saffici that he came to her classroom, and Respondent sought their guidance on what to do. Feeling that she did not have clear direction on what to do if C.V. came back, Respondent posted a Psalm on her door and left Don Estridge after her first-period class. In a letter dated March 16, 2018, Principal Capitano recommended Respondent's termination as a probationary employee at Don Estridge, effective March 27, 2018. The letter did not specify a reason for Respondent's termination, but stated: "Probationary Contract Employees may be dismissed without cause or may resign without breach of contract." Principal Capitano, however, testified that she recommended Respondent's termination because she believed that Respondent had violated the Code of Ethics. Specifically, Principal Capitano thought that Respondent put herself in a position where her relationship with a student was causing him duress. Following the events of March 12, 2018, C.V.'s parents arranged for C.V. to talk to a therapist. Thereafter, they observed improvements in his behavior. The content of the discussions C.V. had with his therapist was not conclusively established. Overall Nature of C.V. and Respondent's Relationship C.V.'s parents believed that C.V. saw Respondent as a girlfriend. However, they never thought that Respondent considered the relationship romantic or that anything sexual occurred. Some of Respondent's colleagues thought that her relationship with C.V. was uncomfortable or lacked appropriate boundaries. C.V.'s mother, viewed Respondent as a positive role model. In encouraging Respondent's relationship with C.V. in some respects, while attempting to establish more boundaries in others, C.V.'s parents were trying to balance the dramatic improvement in C.V.'s grades with what they believed to be C.V.'s unhealthy attachment to Respondent. Respondent believed that C.V. was very bright, but not applying himself in school. It was her desire to help him fulfill his potential. On a social level, she thought that he was a polite young man who shared hobbies with her husband and interacted well with her daughters.
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 the Amended Administrative Complaint and all charges contained therein. DONE AND ENTERED this 15th day of January, 2021, in Tallahassee, Leon County, Florida. S BRITTANY O. FINKBEINER 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 15th day of January, 2021. COPIES FURNISHED: Charles T. Whitelock, Esquire Charles T. Whitelock, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 (eServed) Mark S. Wilensky, Esquire Dubiner & Wilensky, LLC 1200 Corporate Center Way, Suite 200 Wellington, Florida 33414-8594 (eServed) Lisa M. Forbess, Interim Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
The Issue Whether the Superintendent of Hamilton County Schools recommended that the Respondent enter into a professional services contract with the Petitioner, Gene Starr?
Findings Of Fact Gene A. Starr has been continuously employed by the School Board of Hamilton County as an agriculture teacher since the 1985-1986 school year. On March 18, 1988, the principal of Hamilton County High School recommended to the Superintendent of the Respondent that the Respondent enter into a professional service contract with Mr. Starr. At a meeting of the Respondent held on April 12, 1988, the Superintendent made recommendations to the Respondent concerning reappointment of a number of employees. The Superintendent specifically recommended that Mr. Starr receive a professional service contract. A motion was made and seconded by members of the Respondent to accept the recommendations of the Superintendent. The following events took place, as reported in the minutes of the Respondent's April 12, 1988, meeting: At the Board's request, Mr. Lauer [the Superintendent] appeared to discuss the recommendation of Gene Starr. The consensus of the Board was that the agriculture program has not progressed as per expectations, and that Mr. Starr's coaching duties conflict with his duties as an agriculture teacher. It was the opinion of some members that there should be more emphasis on crop production and harvesting and on supervision of home projects. Following the discussion of the Superintendent's recommendation concerning Mr. Starr, the Superintendent "asked for and was granted permission to withdraw his recommendation on & Mr. Starr and to resubmit another recommendation on him at a subsequent meeting." The Superintendent then "amended his recommendation to omit Mr. Starr" and the motion to accept the Superintendent's recommendations was amended to reflect this change. The Respondent then approved the Superintendent's recommendations, as amended. The Respondent did not consider whether there was "good cause" to reject the Superintendent's recommendation concerning Mr. Starr. At a May 10, 1988, meeting of the Respondent the Superintendent recommended that Mr. Starr be reappointed to an instructional position for the 1988-1989 school year and that Mr. Starr serve in the instructional position for a fourth year on annual contract instead of being granted a professional services contract. The recommendation was withdrawn on advice of counsel for the Respondent. At a May 23, 1988, meeting of the Respondent Mr. Starr and the Respondent agreed that Mr. Starr would agree to a fourth year on annual contract, "subject to and without prejudice to a formal hearing on his right to a professional services contract." Mr. Starr was informed of this action in a letter dated May 31, 1988. Mr. Starr filed a Petition for a Formal Hearing challenging the Respondent's action with regard to the Superintendent's recommendation to the Respondent that Mr. Starr receive a professional services contract. In the Petition, Mr. Starr specifically requested the following relief: That the matter be assigned to the State of Florida Division of Administrative hearings [sic] for the assignment of a hearing officer. That a formal hearing be held on this particular petition pursuant to Sec. 120.57(1), Fla. Stat. as to Petitioner's entitlement to employment under a professional services contract.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the recommendation of the Superintendent of Hamilton County Schools be accepted by the School Board of Hamilton County unless the School Board of Hamilton County concludes that there is good cause for rejecting the recommendation. DONE and ENTERED this 18th day of April, 1989, in Tallahassee, Florida. LARRY J. SARTIN 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 April, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-4116 The Petitioner has submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 1. 2 3-9. 3 10. 4-8 Statement of events which occurred at the formal hearing and some of the arguments advanced by the parties at the formal hearing. COPIES FURNISHED: Edwin B. Browning, Jr., Esquire Post Office Drawer 652 Madison, Florida 32340 Donald K. Rudser, Esquire Post Office Drawer 151 Jasper, Florida 32052 Owen Hinton, Superintendent Hamilton County School Board Post Office Box 1059 Jasper, Florida 32052 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
