The Issue Should Petitioner impose discipline on Respondent's Florida Educator's Certificate No. 843208, covering the area of English, based upon the allegations in the Administrative Complaint, Case No. 023-1821-R, before the State of Florida Education Practices Commission?
Findings Of Fact The Respondent holds Florida Educator's Certificate No. 843208, covering the area of English, which is valid through June 30, 2003. At all times pertinent hereto the Respondent was employed as an English teacher at Philip Randolph Academy School (Randolph Academy), in the Duval County School District.1 J.L.J. was a female student at Randolph Academy in the school year 2002-2003. Her date of birth is October 29, 1987. She was familiar with Respondent when he taught there. J.L.J. had conversations with Respondent over time, conversations in which Respondent would ask her questions she deemed inappropriate and would follow with comments that she found unacceptable. As will be revealed, her perceptions about Respondent's conduct were correct. Most of the conversations complained of took place in the hallway or in a teacher's classroom. They made J.L.J. feel uncomfortable. The conversations were in the presence of other students and J.L.J. was embarrassed for that reason. One example of the conversations took place on a day when J.L.J. wore medical scrubs to school. Respondent commented that J.L.J. should not wear the scrubs because he could not see her curves. This is taken to mean that he was commenting on the shape of J.L.J.'s body. On other occasions Respondent would comment on J.L.J.'s attire. He would tell her that she should not wear a certain "outfit" because it made her look a certain way or didn't make her look a certain way. At one point in time at school Respondent asked J.L.J. if she had "black in you." Respondent followed his question by commenting that he had asked her that because J.L.J. was "shaped like a black girl." Respondent told J.L.J. that she was "sexy." He told her that her "butt" was big and that it was sexy. Respondent commented about J.L.J.'s hair and make-up. He would suggest to her certain ways that her hair should be styled and how her make-up should be presented. At a point in time, J.L.J. asked Respondent to leave her alone, referring to his remarks about her appearance. For a couple of days Respondent made no further comments but he began to act the same way that he had before in relation to comments about J.L.J.'s body, specifically her "butt" and her hair. E.S.H. was another female student at the Randolph Academy in the school year 2002-2003. Her date of birth is August 7, 1987. Respondent was her teacher. Respondent had conversations involving J.L.J. and E.S.H. on an almost daily basis. As had been identified by J.L.J., these conversations took place in the hallways and in a teacher's classroom. The substance of the conversations to which E.S.H. was privy, coincide with those recounted by J.L.J. and were principally directed to J.L.J. concerning J.L.J.'s hair, face, and overall appearance. E.S.H. was there when Respondent commented about the scrubs worn by J.L.J. She recalls Respondent saying that J.L.J. should not wear the scrubs because they made J.L.J. look like everyone else and did not show her shape, her curves. J.L.J. complained to E.S.H. about these remarks when Respondent walked away from that conversation. As E.S.H. recalls, J.L.J. and E.S.H. went to Respondent and complained about the comments that he made to J.L.J. concerning J.L.J.'s appearance. Respondent apologized but he also said that if the two female students went to the principal to complain that it would be his word against theirs. E.S.H. explained that about two days later J.L.J. came to her complaining about Respondent. This agrees with J.L.J.'s recollection of the place and time in which Respondent returned to his habit of making inappropriate comments about J.L.J. E.S.H. overheard Respondent comment to J.L.J. about J.L.J.'s "butt" and how it was getting big, and how that it was shaped like a "black girl." If J.L.J. were wearing certain clothes, Respondent would ask J.L.J. if her body was spreading because to him it looked as if J.L.J.'s "butt" was getting bigger. Those remarks were overheard by E.S.H. E.S.H. was also present when Respondent commented about J.L.J.'s face and her make-up, whether it was too much, or whether not enough time had been spent by J.L.J. applying make- up that morning. These encounters between Respondent and J.L.J. left E.S.H. with the impression that Respondent was attracted to J.L.J. Disciplinary History There is no indication that Respondent has been subjected to prior discipline.
Recommendation Based upon the Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That a Final Order be entered which finds Respondent in violations of Counts 2 through 5, dismisses Count 1, and suspends Respondent's Educator's Certificate for a period of 30 days. DONE AND ENTERED this 28th day of June, 2004, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 28th day of June, 2004.
