The Issue Respondent's alleged violation of Monroe County District School Board Policy Rule 2.5.1 on or about January 8, 1976, by possession of marijuana on school grounds.
Findings Of Fact Respondent is a 16 year old, 11th grade high school student attending Marathon High School, Marathon, Florida. On January 8, 1976, Respondent was found in possession of 32 grams of marijuana on the grounds of Marathon High School. (Stipulation of the Parties) On April 21, 1976, the Circuit Court of Monroe County, Florida, accepted Respondent's plea of guilty to a charge of possession of marijuana, withheld adjudication as a delinquent and placed him on probation for a period of six months under the supervision of a Youth Counselor, State of Florida Youth Services Division. Conditions of probation included a curfew, weekly meetings with the counselor and part-time employment while attending school. (Testimony of Seale) At the time of his apprehension, Respondent admitted possession of marijuana to authorities and cooperated with them by divulging its source. Respondent denies any prior arrests and, in the opinion of the Youth Counselor, he is not likely to commit an offense of this nature in the future. He has evidenced remorse and desires to continue attendance at the high school. The Youth Counselor feels that it would serve no useful purpose to prevent him from further attendance. (Testimony of Seale, Collins) Respondent is not a problem student nor is he considered to be incorrigible or a socially maladjusted child. An alternative to expulsion exists at Marathon High School in the form of a rehabilitative program for socially maladjusted children that is supervised by one instructor who exercises close supervision over the students in the program. A student who is expelled from high school may enter an evening adult education program whereby he can acquire necessary academic credits by attending evening classes. The principal of Marathon High School recommends that Respondent be expelled because of the seriousness of his offense as evidenced by the unusually large amount of marijuana. (Testimony of Gradick)
Recommendation That Respondent, Gordon Collins, be expelled from Marathon High School, Marathon, Florida, effective June 8, 1976, for violation of Monroe County District School Board Policy Rule 2.5.1, by possession of marijuana on the school grounds on or about January 8, 1976. DONE and ENTERED 14th day of May, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1976. COPIES FURNISHED: Glenn Archer, Jr. Assistant Superintendent Post Office Drawer 1430 Key West, Florida 33040 Peter Lenzi, Esquire Post Office Box 938 Marathon, Florida 33050
The Issue Whether Respondent committed the violations alleged in the Notice of Specific Charges and, if so, what disciplinary action should be taken against him.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: The School Board is responsible for the operation, control and supervision of all public schools (grades K through 12) in Miami-Dade County, Florida (including, among others, Miami Palmetto Senior High School (Palmetto), South Dade Senior High School (South Dade), and Miami Killian Senior High School (Killian)) and for otherwise providing public instruction to school-aged children in the county. At all times material to the instant case, Palmetto was the site from where William McCoogle, Ph.D., operated a continuing education enterprise, Moving on Toward Education and Training (M.O.T.E.T.), which offered courses for which teachers could receive college credit. Respondent is a physical education teacher with the School Board, who has taught at South Dade and, more recently, Killian. He began his School Board employment in 1999 as a substitute teacher. In 2001, he obtained a full-time teaching position. Initially, he held an annual contract. Since the beginning of the 2004-2005 school year, he has worked under a professional service contract. As a School Board employee, Respondent is expected to conduct himself in accordance with School Board rules, including School Board Rules 6Gx13-4A-1.21 and 6Gx13-1.213. At all times material to the instant case, School Board Rule 6Gx13-4A-1.21I has provided as follows: Permanent Personnel RESPONSIBILITIES AND DUTIES Employee Conduct All persons employed by The School Board of Miami-Dade County, Florida are representatives of the Miami-Dade County Public Schools. As such, they are expected to conduct themselves, both in their employment and in the community, in a manner that will reflect credit upon themselves and the school system. Unseemly conduct or the use of abusive and/or profane language in the presence of students is expressly prohibited. At all times material to the instant case, School Board Rule 6Gx13-4A-1.213 has provided, in pertinent part, as follows: Permanent Personnel CODE OF ETHICS
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the School Board issue a final order dismissing the charges against Respondent and reinstating him with back pay. DONE AND ENTERED this 8th day of August, 2007, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 8th day of August, 2007.
Conclusions This cause coming on to be heard before THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, at its meeting conducted on August 16, 2011, to consider the Recommended Order, entered on June 21, 2011 by the Honorable Claude B. Arrington, Administrative Law Judge of the State of Florida, Division of Administrative Hearings. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, having considered the Recommended Order, to which neither party filed exceptions, and being fully advised in the Premises: IT IS THEREUPON ORDERED AND ADJUDGED BY THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, that: 1. The Recommended Order is adopted in its entirety and incorporated herein by reference; and 2. RACHEL VON HAGEN’S professional service contract with The School Board of Broward County, Florida is terminated. Filed September 13, 2011 8:54 AM Division of Administrative Hearings Broward County School Board vs. Rachel Von Hagen DOAH Case Number: 11-0567 SBBC AGENDA 081611H02-Final Order aa AND ORDERED in Fort Lauderdale, Broward County, Florida this \ ( aay of hag » 2011. THE SCHOOL BOARD OF BROWARD Za Aa By: ia iW. Williams, Chair COPIES FURNISHED: CHARLES T. WHITELOCK, ESQ. Charles T. Whitelock, P.A. 300 Southeast 13" Street Fort Lauderdale, Florida 33316 MARK HERDMAN, ESQ. Herdman and Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater Florida 33761 STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Broward County Schoo! Board vs. Rachel von Hagen DOAH Case Number: 11-0567 SBBC AGENDA 081611H02-Final Order APPEAL OF FINAL ORDER Pursuant to Section 120.68, Fla. Sta., a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue — 2"! Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2399. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order. fritz/allwork/doah/employment/vonhagen Rachel final order-final
Findings Of Fact Timothy M. Gray applied for an instructional position with the Pinellas County School Board in May 1984 and accepted an annual contract to teach at Safety Harbor Middle School for the school year starting in the fall of 1984. He taught a course to eighth grade classes called Power and Transportation, which is predominantly a shop course. Gray was certificated to teach industrial arts in 1980. The charges involved in these two cases stem from inappropriate remarks Gray allegedly made to various students in his class or in the school. Gray denies making the improper remarks attributed to him. Specifically, Respondent is alleged to have made inappropriate remarks of a sexual nature to Paul Bartolo and Mark Fulghum while driving them home from a school detention period that caused them to miss their bus. Respondent admits that he gave these 14- and 15- year-old boys a ride home after their detention. He lived in the same direction as the two boys and giving them a ride home was not out of his way. Both of these boys were discipline problems. During the school year Paul served about 15 detentions and was suspended twice. Both were in Respondent's Power and Transportation class and both had been placed on detention by Respondent. During the ride home Paul was in the front seat of Respondent's car and Mark was in the rear seat. Both boys testified that during the ride home an extensive conversation ensued and that Respondent, after answering a question regarding his marital status in the negative, continued with he liked snatch. Respondent admits the conversation and his attempts to reach these boys to improve their attitudes toward school but denies ever using the word "snatch." During discussions with girls on the school bus and at school regarding Respondent and his comments, Paul and Mark told the girls that Respondent said he liked snatch. At this time a lot of rumors were being circulated among the eighth graders in Respondent's classes about the way he looked at them and comments he had made they deemed inappropriate. The prime mover of this group was Dana Shaver, who testified only by deposition in these proceedings. Dana urged Paul and Mark to report Respondent's remarks to the principal. In a deposition (Exhibit 1) Dana testified that Gray had seen her at the beach over the weekend and told her in class Monday that he had seen her at the beach in her bikini and that she did not have much of a tan for a beach girl. This embarrassed Dana and she hung her head and did not hear Respondent say she would look better without it (bikini) on. This was later reported to Dana by an anonymous girlfriend. Respondent admits he saw Dana and another girl at the beach but denies saying anything more to her than she did not have as good a tan as he did. Dana's parents requested she be moved from Respondent's class in Power and Transportation (which she did not like) because of her being "embarrassed" by Respondent. Evidently, no embarrassment was involved discussing use of the word "snatch" with boys in her class. Kera Lampman is a bright 13-year-old who was in Respondent's Power and Transportation class. She testified that Respondent told her she had a nice butt and that she could get straight A's in his class. Respondent denies ever using the word "butt" to Kera but does not deny the remarks about her grades as Kera is a straight-A student. Respondent also testified that he was trying to get Kera moved to a more challenging class when he was suspended. Alissa Lanier, a 14-year-old student at Safety Harbor Middle School, testified that while walking from the bus drop to the entrance door immediately before classes started in the morning she heard someone say, "You've got a nice ass." When she turned around she saw Respondent some 20 feet away. She had never talked to Respondent, was not in his class, and testified Respondent was the only person on the ramp besides her. Respondent not only denies making such a remark but also testified that he frequently has bus ramp duty before school starts and he has never been in the area between the bus stop and school entrance doors shortly before school was due to start when the area was not crowded with students. The testimony that this area would be crowded immediately prior to school starting is deemed more credible. Respondent's denial that he made any comment to any girl he did not even know is more credible than is the testimony that this remark was heard from someone 20 feet distant in the bus ramp area immediately prior to school starting. Shelly Evans, a 14-year-old girl in Respondent's class heard Respondent say he had seen Kera and Dana at the beach and they looked great in their bikinis. During the period when others were reporting Respondent's actions she too reported this comment to the principal. One witness testified that Respondent looked at her in a strange way in class; that it appeared to her that he was staring. Such discussion and remarks including comments about bodies were being circulated among students at Safety Harbor Middle School and was brought to the attention of the principal who interrogated some of the students. The principal was told substantially what was testified to at these proceedings. During the investigation which followed Respondent denied using the words "snatch," "butt," or "ass," while talking to any of the students. Respondent, before coming to Safety Harbor Middle School, had worked in a Y conservation program involving young men. This age group was doubtless older than the 13-15 year olds in the eighth grade class Respondent taught at Safety Harbor Middle School and were less impressionable than eighth grade students. Hearing from one of her teachers that rumors were going around the school regarding Gray's language in the presence of students, Mrs. Raymond, Principal of Safety Harbor Middle School obtained the name of one or more students reported to be aware of such language and called them into her office. After obtaining statements from these students, who appeared as witnesses in these proceedings, Mrs. Raymond confronted Gray, who denied making inappropriate comments. Nevertheless, she recommended his immediate suspension with pay pending the next meeting of the School Board, who was authorized to suspend Gray without pay. Upon her recommendation, Gray was immediately suspended.
Findings Of Fact At all times material hereto, Respondent has been employed by Petitioner as a teacher pursuant to a continuing contract. At all times material hereto, Respondent has been assigned to Miami Southridge Senior High School where he taught advanced mathematics courses, such as trigonometry, calculus, and math analysis. At the request of a friend, on November 7, 1986, Respondent sent approximately two ounces of cocaine to his friend via United Parcel Service. He was subsequently indicted in the United States District Court for the Eastern District of Michigan. The indictment contained two counts alleging that Respondent was guilty of having committed a felony. The case was subsequently transferred to the United States District Court for the Southern District of Florida. Respondent pled guilty to Count 1 of that indictment and not guilty to Count 2. He was adjudicated guilty of Count 1, use of a communication facility for the commission of a felony in violation of Title 21, U.S.C., Section 843(b). Count 2 was dismissed. On August 8, 1990, he was sentenced to two years of probation, residency in a community treatment center with a work-release program for a period of three months, a fine in the amount of $1,000, and court costs in the amount of $50.00. The School Board of Dade County has demonstrated its concern for the problems created by drug abuse in the community. As a result of this concern, the School Board has established a drug-free work place policy, curricula for students, a trust counselor program, and an employee assistance program, all designed to combat drug abuse. Dismissal from employment is not an automatic consequence of a teacher's involvement with illegal drugs. Nor does a conviction of a felony automatically require that a teacher be terminated. Circumstances are taken into consideration. Teachers who use drugs are referred to the employee assistance program for help in overcoming their drug use. Teachers who attend the employee assistance program are not necessarily discharged from employment even though notoriety may have surrounded their drug usage. There is no allegation or evidence that Respondent has ever used illegal drugs. Similarly, there is no evidence or allegation that Respondent had any involvement with illegal drugs other than the occasion on which he mailed cocaine to his friend. Annual evaluations are performed on every teacher in the Dade County Public Schools. A teacher is rated either acceptable or unacceptable. Respondent has always been given an acceptable rating. On Respondent's 1984- 1985 annual evaluation, the principal of Miami Southridge Senior High School added the following comment: "Michael is a super teacher. Has outstanding relationships with students and peers. Contributes greatly to the school. Great!". On Respondent's 1985-1986 annual evaluation, his principal added the following comment: "Cooperative, positive and supportive. Encourages students to excel. Very competitive." On Respondent's 1986-1987 annual evaluation, which covered the time period when Respondent transmitted the cocaine to his friend, his principal wrote the following comment: "An outstanding teacher. Concerned and devoted." On Respondent's 1987-1988 annual evaluation, his principal wrote: "Displays confidence and poise in the classroom. Very devoted and conscientious." On Respondent's annual evaluation for 1988-1989 his principal wrote: "A very concerned and caring instructor. Contributes greatly to the overall operation of the school." Former students of Respondent testified in this proceeding. Some were his students subsequent to the date that he committed his criminal act. Respondent has inspired those students to study math, has helped them to learn to the extent that they receive "As" in their college math courses, and has taught them a love for math such that they are currently majoring in math on their way to becoming math teachers. Some of these students did poorly in math before having Respondent as a math teacher. These students have recommended to others that they take math from Respondent and hope that Respondent will still be available to teach math to their children. The principal at Miami Southridge Senior High School and the math department chairperson have no objection to Respondent being returned to that school to continue teaching math classes. The math department chairperson describes Respondent as a teacher who is excellent with children, far above the norm. She recognizes Respondent as having an unusual ability "to get difficult information across to the students" and have them enjoy it. No notoriety attached to Respondent's criminal act which occurred in November of 1986. He continued to teach until September 28, 1990, when Petitioner removed him from the classroom. All notoriety concerning Respondent's criminal act was caused by the Petitioner itself. Respondent's attorney advised Respondent's principal of the criminal conviction, and Respondent's principal then notified other employees of the Dade County Public Schools. As a result of the principal's notification, Respondent was removed from the classroom, at which time other School Board employees became aware of the problem. Thereafter, Petitioner determined to suspend Respondent and initiate dismissal proceedings, which determination then caused additional notoriety. Petitioner admits that any notoriety at the school site was not caused by Respondent's criminal act but rather was due to Respondent's removal from his classroom assignment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered: finding that Respondent has been convicted of a crime involving moral turpitude; suspending Respondent without pay effective at the close of business on October 24, 1990, and continuing through the end of the 1990-1991 school year; and reinstating Respondent as a classroom teacher effective at the beginning of the 1991-1992 school year. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of March, 1991. LINDA M. RIGOT 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 12th day of March, 1991. APPENDIX TO RECOMMENDED ORDER Petitioner's proposed findings of fact numbered 2-7, and 13 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 1, 8, 9, 12, and 14 have been rejected as not constituting findings of fact but rather as constituting conclusions of law, recitation of the testimony, or argument of counsel. Petitioner's proposed finding of fact numbered 10 has been rejected as not being supported by the weight of the credible evidence in this cause. Petitioner's proposed finding of fact numbered 11 has been rejected as being irrelevant to the issues under consideration in this cause. COPIES FURNISHED: Honorable Betty Castor Commission of Education The Capitol Tallahassee, Florida 32399-0400 Madelyn P. Schere, Esquire School Board of Dade County, Florida 1450 Northeast Second Avenue, Suite 301 Miami, Florida 33132 Jesse J. McCrary, Jr., Esquire 2800 Biscayne Boulevard, Suite 800 Miami, Florida 33137-4198 Octavio J. Visiedo, Superintendent Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
