The Issue Is Respondent's Florida Educator's Certificate No. 476423 subject to discipline by the State of Florida, Education Practices Commission (the Commission) through an amended administrative complaint brought by Frank T. Brogan, as Commissioner of Education, Petitioner's predecessor? In particular is the certificate subject to discipline based upon the material allegations that: 1. On or about October 3, 1997, Respondent made sexually suggestive remarks to a minor female L.S. asking her to fondle him. He then put his hands on her breasts; and 2. During the 1983-1984 school year,1 Respondent had sexual intercourse with a minor female student, J.M., during school hours. Respondent also touched the student inappropriately and engaged in a romantic relationship with her.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 476423, covering the areas of Administration and Supervision in Physical Education, which is valid through June 30, 2000. At all times relevant to the allegations in the amended administrative complaint, Respondent was an employee of the School Board of Duval County, Florida, holding a professional services contract as a Physical Education teacher. J.M. Allegations in reference to J.M. refer to Julie Wallner Morris. Ms. Morris was formerly Julie Ann Wallner, while attending Wolfson High School in Duval County, Florida, in the years 1981-1985. Wolfson High School is a part of the Duval County School District. In the school year 1983-1984, Ms. Wallner was enrolled in a Spanish class at Wolfson High School. Rather than attend that class, Ms. Wallner would frequently abandon that class in favor of spending time in the gymnasium where Respondent was teaching a class in which Ms. Wallner was not enrolled. There Ms. Wallner became acquainted with Respondent. At first, Respondent was among a group of students whom Respondent would talk with. The initial conversations between Respondent and Ms. Wallner, among other students, was casual in its tone. At that point in time, Respondent did not appear to realize that Ms. Wallner was not supposed to be in the gymnasium. At some point in time, Respondent realized that Ms. Wallner was not appropriately in the gymnasium, in that she was not taking a class at that period. Subsequently, while in the gymnasium, in the weight room, Respondent began to converse with Ms. Wallner individually. While in the gymnasium, Respondent and Ms. Wallner had physical contact in the weight room. Respondent was seated on a weight bench. Respondent commented to Ms. Wallner about tightness in Respondent's shoulders and asked Ms. Wallner to massage his shoulders. Ms. Wallner massaged the top of Respondent's back and shoulders, an activity that she did not consider to be sexual in nature. That was Respondent's first physical contact with Ms. Wallner. Ms. Wallner saw Respondent in the weight room five to seven times alone. During those occasions Ms. Wallner and Respondent would converse. Respondent also would kiss and touch Ms. Wallner. When Respondent kissed Ms. Wallner, she returned the embrace. Respondent's touching of Ms. Wallner involved touching her shoulders and breasts over her clothing. Respondent also touched Ms. Wallner's skin. During the time of these encounters Ms. Wallner was sixteen years old. Ms. Wallner felt flattered by the attention she received from Respondent. On the last occasion in which Respondent and Ms. Wallner were in the weight room kissing and touching, Respondent invited Ms. Wallner to come with him to another area within the gymnasium. That area was a loft. Respondent unlocked the loft area and invited Ms. Wallner into the loft. Ms. Wallner willingly complied. Once inside the loft area, Respondent locked the door to the loft. While in the loft, Respondent started kissing Ms. Wallner and touching her and fondling her. Ms. Wallner and Respondent took off their clothes and they engaged in sexual intercourse in which Respondent penetrated Ms. Wallner's vagina with his penis. This encounter took approximately five minutes. Respondent and Ms. Wallner put their clothes back on and left the area. After the incident, Ms. Wallner felt "pretty bad" and felt that she had done something wrong. In parting, Respondent told Ms. Wallner not to tell anyone about the encounter or they would both be in trouble. Respondent told Ms. Wallner that it was a secret. Ms. Wallner did not keep their secret; she told her two closest friends about the relationship between Ms. Wallner and Respondent. Thereafter, rumors began to circulate at Wolfson High School concerning a relationship between Ms. Wallner and Respondent. The rumors were made known to Ms. Wallner in that other students would "crack jokes or say things" in Ms. Wallner's presence about Respondent and Ms. Wallner. Ms. Wallner would deny those rumors. Ms. Wallner understood that one of the friends she had told about the relationship between Respondent and Ms. Wallner had been summoned to the principal's office at the high school. This upset Ms. Wallner. On the same day, when Ms. Wallner's father noticed that she was upset, he asked her what was wrong. Ms. Wallner told her father about the rumors that Ms. Wallner and Respondent were having an affair. On the date that Ms. Wallner told her father about the rumors, her father arranged to have a meeting with the principal at Wolfson High School to discuss the rumors. The meeting was attended by Respondent who acknowledged that Ms. Wallner had been present at the gym classes taught by Respondent but not as a student. Respondent and Ms. Wallner denied having a relationship when confronted with that issue at the meeting held with the principal. During the meeting with the principal, Ms. Wallner denied the relationship because she did not wish to divulge something as personal as the relationship with Respondent and did not wish to be in trouble. She was afraid. Later, Respondent passed a note to Ms. Wallner in the school hall at Wolfson High School. The note was unsigned. The essence of the note was that Respondent "cared" for Ms. Wallner but wanted her to be quiet until it all "blew over." Ms. Wallner hid the note under her bed. Her father found the note and asked Ms. Wallner about the note and whether the note was from Respondent. Ms. Wallner at that time denied that the note came from Respondent. At the time Ms. Wallner had her relationship with Respondent, she did not realize that Respondent was married. When she found out Respondent was married after the relationship had ended, this made Ms. Wallner feel worse than she had felt before. She felt even more ashamed about the relationship because she believed that she had inadvertently dragged someone else into "my mess." This comment was in reference to Respondent's wife. L.S. L.S. refers to Lindsay Schuster who was a student at Wolfson High School in the fall 1997, her senior year. At that time Ms. Schuster was seventeen years old. Ms. Schuster first met Respondent in her ninth grade at Wolfson High School. At that time Respondent was Ms. Schuster's health teacher. While in the ninth grade, Ms. Schuster would speak to Respondent about business that her aunt did with the Respondent outside the school. Ms. Schuster would also speak to Respondent about Ms. Schuster's cousin who was on the school wrestling team. Respondent was coaching that team. In the fall term 1997, Ms. Schuster was taking a gym class with a different gym coach. Although Respondent was not her coach, Ms. Schuster would see Respondent in the gym class. The Respondent and Ms. Schuster would converse during the class. The nature of the relationship became such that Ms. Schuster would confide in Respondent about her personal life. Ms. Schuster had trust in the Respondent in confiding that information. On October 3, 1997, Ms. Schuster was late for school. She had been late numerous times before. When Ms. Schuster arrived at school, Respondent was in front of the hallway where coaches were normally located. Ms. Schuster was concerned that she not be found tardy again to avoid trouble based upon her tardiness. Ms. Schuster made Respondent aware of that problem. Respondent allowed Ms. Schuster to remain with him during the class period that was commencing. Respondent took roll of the members of his gym class. Respondent and Ms. Schuster then went to the football field and Respondent began to fill in holes on the field with sand. During this time, Respondent and Ms. Schuster were having a casual conversation about Ms. Schuster's home-life and Respondent's business outside his school duties. When the period was over, Respondent asked Ms. Schuster if she wanted to come back during her lunch period and help him further prepare facilities for the football game to take place that evening. Ms. Schuster agreed to come back. Ms. Schuster and Respondent met later behind the gymnasium. They then proceeded to the press box at the football field for Wolfson High School. They went inside the press box. Ms. Schuster began looking out of the press box windows. While in the press box, Respondent stated, "You really look good today." Ms. Schuster replied, "Yeah, I know, I always look good." Respondent then approached Ms. Schuster and put his arm around her shoulder and said "touch my cock." This referred to touching Respondent's sexual organ. Ms. Schuster replied, "No. Do you know how old you are?" When Ms. Schuster tried to step away from Respondent, he reached forward and rubbed his hands on Ms. Schuster's breasts. Ms. Schuster then left the press box. While Respondent was standing at the door of the press box, he stated to Ms. Schuster, "Shit. Now I have a hard-on." The results of Respondent's action hurt the feelings of Ms. Schuster. She felt devastated by his conduct given that she had placed her trust in Respondent. After the incident Ms. Schuster left the high school. She tried to return on the following week. Ms. Schuster determined not to permanently return because of her discomfort in realizing that other persons at school knew of the incident and her complaint to school authorities about Respondent's conduct. After Ms. Schuster left Wolfson High School, she obtained her general education diploma.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered by the Education Practices Commission permanently revoking Respondent's Florida Educator's Certificate No. 476423. DONE AND ENTERED this 31st day of March, 1999, in Tallahassee, Leon County, Florida. 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 31st day of March, 1999.
The Issue The issue to be determined is whether Respondent is guilty of violating section 1012.795(1)(j), Florida Statutes (2014), and Florida Administrative Code Rule 6A-10.081(2)(b)3. and (2)(c)1., as charged in the Administrative Complaint.
Findings Of Fact Respondent holds Florida Educator’s Certificate 1028169, covering the areas of Athletic Coaching, which was valid through June 20, 2016, and Physical Education, which was valid through June 30, 2017. At all times relevant to the Administrative Complaint, Respondent was employed as a physical education (P.E.) teacher at Deerfield Beach Middle School (Deerfield) in the Broward County School District. In addition to his teaching duties, during the 2014-2015 school year, Respondent coached the girls’ flag football team and the track team. Ferreta Kelly, a retired teacher and coach, assisted him with the girls’ flag football team, which insured that there was a female coach, as well as a male coach. Coach Kelly did not know Coach Flowers outside her interaction with him coaching the girls’ flag football team. Flag football has a relatively short season, beginning in February and ending in March. Prior to the season, in February 2015, Coach Flowers and Coach Kelly attended a district- wide meeting for the coaches that took place at Stranahan High School. There was some indication at hearing that one of the “Allen Brothers” (twins who both coached sports at the school) also attended, but neither of the Allens testified at hearing. Coach Carol Cannariato, the athletic director at Deerfield, did not attend the meeting. The meeting was one where the coaches were briefed about issues related to the rules, schedules, referees and the like, related to the upcoming season. Mike Roland, who at the time was in charge of the athletic directors district-wide, directed the meeting. Mr. Roland, who is now retired, did not testify at hearing. During this meeting, the coaches were told about reversible Miami Dolphins jerseys donated by the Miami Dolphins football team. Jerseys were donated to each middle school team in the school district, and were to be used for a tournament that would take place between the division leaders at the midpoint of the season. The jerseys could also be used for other purposes, at the discretion of each school’s athletic director. Both Coach Flowers and Coach Kelly, the only witnesses present at the meeting and testifying at hearing, stated that a coach from another school asked what they were to do with the jerseys once the season was over, and that Mr. Roland stated he did not care what they did with the jerseys, and that they could give them to the players if they wanted to. Their testimony is credited. While the statement attributed to Mr. Roland is clearly hearsay, the clear and convincing evidence presented by the only people to testify is that both coaches, who attended the meeting, believed that it would be acceptable to give the jerseys to the players at the end of the season. Coach Cannariato asked Coach Flowers about the meeting, and he told her about the jerseys. He also told her that they could give the jerseys to the players at the end of the season, and she indicated to him that she was not sure that was accurate. At this point in time, the jerseys had not been distributed to the schools. About week three of the season, Coach Cannariato picked up 40 of the Dolphins jerseys for the school, which were to be distributed to the boys’ coach and the girls’ coach. She could not say how many jerseys went to each coach, but believed that she had given Coach Flowers 26 of the 40 jerseys. The girls’ team was scheduled to play a team that they had not played before, and Coach Cannariato thought that the other team’s colors were the same as or similar to Deerfield’s. Coach Cannariato considered using the Dolphins jerseys for the game and discussed this possibility with Coach Flowers. Ultimately, it was determined that the opposing team’s colors were not similar, and while Coach Cannariato gave Coach Flowers the jerseys, she instructed him not to give them out for that game. He left the jerseys in his office and did not give them out at that time. Deerfield finished about third in its division for flag football, and did not use the Dolphins jerseys for any game that season. The last game of the season took place in March, and was an away game. For away games, the boys’ and girls’ teams traveled together, along with their coaches and any other chaperones, by bus. Coach Cannariato did not ride the bus with them. While all students rode the bus going to a game, sometimes players would ride home after the games with their parents, rather than riding the bus back to the school. Coach Flowers took the Dolphins jerseys on the bus to the final game. All 17 eligible players on the girls’ team rode the bus to the game, and all but one rode the bus back. After the game, consistent with his understanding from the district- wide meeting, he distributed the jerseys to his players, telling them the jerseys were a reward for a job well done. The girls were excited to get the jerseys. While at least one of the Allen brothers were also on the bus, there was no indication that any of the boys’ coaches objected to or commented on Coach Flowers’ distribution of the jerseys.1/ The following day, Coach Flowers gave a jersey to “M,” the player who had not ridden the bus home the day after the final game, leaving him with three jerseys still in his possession. Later that day, M came to Coach Flowers and told him that one of her teachers really liked the Dolphins jerseys and would like one.2/ Consistent with his belief that the jerseys could be given away, Coach Flowers gave her a size small and a size medium jersey, and told her to return the jersey her teacher did not want. M returned later in the day with one of the jerseys and $10 that she tried to give Coach Flowers. While he accepted the jersey, he told M that he did not want the money. M left at that point, but returned later with the money and another student. Coach Flowers again told M that he did not want any money for the jersey, but M insisted that her teacher really wanted him to accept the $10. Coach Flowers shared an office with Coach Aguilar, another P.E. teacher. Coach Aguilar was present for at least one of the times M came to see Coach Flowers. While he did not see a jersey exchange hands, he saw M try to give Coach Flowers money, and heard Coach Flowers twice refuse it. Ultimately, Coach Flowers took the money from M, just to end the exchange. The money she gave him was a $5 bill and five ones. Coach Flowers gave $2 to each of the two girls and stuck the remainder in his desk drawer. Coach Flowers testified credibly that he often gave money to his students, so that they could buy a drink or snack from the vending machine. He also testified that it was his intention to find out who the teacher was and return her money directly, but did not do so right away because he had other things on his plate at the time. It is found that Coach Flowers never intended to sell the Dolphins jersey to anyone, but rather, intended to give it away, believing it was permissible to do so. On or about March 30, 2015, Coach Cannariato went to Coach Flowers and asked about the team’s jerseys. Coach Flowers told her he had collected all but a couple. Coach Cannariato asked him about the Dolphins jerseys, and he told her that he had given the jerseys to the girls. She told him he was not supposed to do so, and that he needed to get the jerseys back. He testified that he told her that he would do so. That afternoon, Coach Cannariato instructed Ms. Peta, secretary in the front office, to make an announcement over the intercom that the flag football team members needed to return the Dolphins jerseys. She received a telephone call from Ms. Robinson, who is Ms. Peta’s supervisor, asking to confirm that she wanted the announcement to be made. Coach Cannariato understood that Coach Flowers had told Ms. Peta not to make the announcement, but Coach Cannariato did not hear any conversation between Coach Flowers and Ms. Peta or Ms. Robinson. She confirmed to Ms. Robinson that the announcement was to be made and it was.3/ Coach Flowers testified that when he walked through the office that day, Ms. Peta asked him about the jerseys and the announcement. He responded, “what announcement?” When she explained that Coach Cannariato had asked her to make the announcement, he commented that he had just spoken to Coach Cannariato about the jerseys, and did not believe an announcement was necessary. He denied telling her not to make the announcement, stating he did not have the authority to do so. Coach Flowers is the only participant in the conversation to testify, and his testimony that he stated his opinion, but did not direct Ms. Peta not to make the announcement is credited. A couple of weeks later, Coach Cannariato asked Coach Flowers about his team’s jerseys. He had gotten all of the Deerfield jerseys, washed them, and returned them to their container, and he gave the container filled with jerseys to Coach Cannariato. She asked him about the Dolphins jerseys, and he reminded her that he had given them to the players. She, in turn, reminded him that he was to get the jerseys back, and he said he would do so. She told him never mind, that she would get them. Coach Cannariato said at this point she believed he would try to get the jerseys, but did not know what effort he actually made. Given the timeline, it is likely that it was not Coach Flowers’ primary priority at this point. He testified that he spoke to the players he saw and asked them to return the jerseys. Some complained and asked why, and he said he was instructed to get them back. How much of the delay is due to his lack of effort and how much is related to the reluctance of the girls to return the jerseys is unknown. He did retrieve a couple of jerseys and returned four to Coach Cannariato. On or about April 14, 2015, Coach Cannariato spoke to Mr. Atwood, the assistant principal to whom she reported, about the Dolphins jerseys, who directed her to notify Ms. Baugh, the principal. She did so the next day. While Coach Cannariato was speaking to Ms. Baugh, Coach Flowers passed by on his way to his duty assignment, and Coach Cannariato asked him to explain the situation to Ms. Baugh. Coach Flowers told Ms. Baugh that he had given the jerseys out to the players because Mr. Roland had said at the district-wide meeting that he could do so. Coach Cannariato reminded him that she had told him otherwise, and he stated that she had told him after he had already given out the jerseys. Ms. Baugh asked him if he could get the jerseys back, and he said he would do so. The timing of the conversation wherein Coach Cannariato told Coach Flowers that Mr. Roland had told her that the jerseys could not be given to the players and were considered school property is one of the few factual issues truly in dispute. Coach Cannariato testified that she told Coach Flowers in February that he could not give the jerseys to the girls, and that she called Mr. Roland in his presence to confirm the fact. Coach Flowers testified that he first realized that he could not give out the jerseys after he had already given them to the players. Petitioner introduced a series of emails from Mr. Roland that confirms that the jerseys were to be retained by the school. The emails (which are hearsay) are dated April 14th, 17th, and 20th, well after the jerseys were given out, and are from someone who did not testify. Coach Flowers’ actions are consistent with his testimony at hearing, corroborated by Coach Kelly, that he believed from the district-wide meeting that he could give the jerseys to the girls, and that he did not realize that was not the case until after he had given the jerseys to his players. Whether his misapprehension was because he did not listen to Coach Cannariato, did not understand that she was talking about the Dolphins jerseys, did not understand that she was talking about after the season as opposed to the game where she decided not to use them, or because no February conversation ever occurred, is not clear from this record. Given that confusion, there is not clear and convincing evidence that Coach Cannariato told him in February not to distribute the jerseys and that he deliberately ignored her. After the exchange between Ms. Baugh, Coach Cannariato, and Coach Flowers on April 15, 2015, Ms. Baugh believed that the distribution of the jerseys was simply a mistake. She changed her mind about the matter, however, when one of her teachers reported to her that Coach Flowers had sold one of the jerseys to another teacher, Ms. Escobar. Ms. Escobar is the teacher for whom M had gotten the jersey. On Friday, April 17, 2015, Ms. Baugh asked both Coach Cannariato and Coach Flowers for statements, which they provided. Coach Flowers’ statement does not mention the jersey given to Ms. Escobar. However, there is no indication in the record that Coach Flowers had been asked about this particular jersey at this point, and the conversation he had with Ms. Baugh previously was about giving the jerseys to the players. Coach Flowers still intended to find out Ms. Escobar’s identity, return her money and retrieve the jersey. On Thursday, April 23, 2015, Ms. Baugh recommended that Coach Flowers be terminated during his probationary period, or he could exercise the option to resign. When Ms. Baugh met with Coach Flowers and explained his options, she told him the basis for her decision was that he had sold school property. Coach Flowers admitted to receiving the money from M, and told Ms. Baugh the remaining $6 was still in his desk drawer. He volunteered that he had given some of the money to the students, and offered to go get the rest and return it to her, which he did. It was still his intention to get the rest of the jerseys and return the money to Ms. Escobar. Given Ms. Baugh’s decision to terminate him, he opted to resign. It is found that Petitioner did not prove by clear and convincing evidence that Respondent used institutional privileges for personal gain or advantage, or that he failed to maintain honesty.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission dismiss the Administrative Complaint. DONE AND ENTERED this 6th day of March, 2018, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 6th day of March, 2018.
The Issue Whether the Respondent's Florida teaching certificate should be suspended or revoked based upon the allegations of the Petitioner's Administrative Complaint dated February 20, 1987?
Findings Of Fact It is undisputed that the Respondent holds Florida teaching certificate 497382. The Respondent has been a school teacher since the 1982-1983 school year. During the 1983-1984 and 1984-1985 school years the Respondent was employed as a teacher by the Volusia County School District (hereinafter referred to as the "School District"). During the 1984-1985 school year the Respondent was employed as a physical education teacher and the track coach at Silver Sands Junior High School (hereinafter referred to as "Silver Sands"), in the School District. Kim Romano was a minor female student in the eighth grade at Silver Sands during the 1984-1985 school year. Ms. Romano served as one of three managers of the Silver Sands track team coached by the Respondent. At some point during the 1984-1985 school year the Respondent became romantically attracted to Ms. Romano. The Respondent realized that he should not get involved with Ms. Romano and, therefore, he sought counsel from a former college professor, Mr. Don Dungee. Mr. Dungee advised the Respondent to handle the situation himself. On the evening of March 20, 1985, the Silver Sands track team participated in a track meet at Ormond Junior High School. Following the conclusion of the track meet the team, the Respondent and the track team managers had to wait for a bus to transport them back to Silver Sands. The bus was late. One of the track team members asked where the telephone was so that he could call his mother and inform her that he would be late. The Respondent asked if anyone knew where the telephone was and Ms. Romano indicated that she did. The Respondent asked Ms. Romano to show him and the track team member who wanted to use the telephone where the telephone was located. Ms. Romano, the Respondent and the track team member walked to the telephone which was located out of sight of where the team was waiting for the bus. While the track team member used the phone, the Respondent and Ms. Romano began to walk back to where the team was waiting. On the way back the Respondent and Ms. Romano kissed. The Respondent willingly participated in the kiss, which was a "french" kiss, based upon the following findings of fact: At the time of the kiss the Respondent was six feet, five inches tall and weighed approximately 230 pounds. Ms. Romano was approximately five feet, two inches tall and weighed approximately 115 pounds. Ms. Romano could not have forced the Respondent to participate in a "french" type kiss. On the way to the telephone, Ms. Romano appeared to be "fine." When Ms. Romano returned following the kiss she was "crying", "hysterical" and "jumping." Ms. Romano walked around the field in this state until the bus left and cried on the bus ride back to Silver Sands. After the bus picked up the track team and managers and had returned to Silver Sands, the Respondent said that "he didn't know how he got involved with Kim", that "he shouldn't be on the face of the earth" and that "he needed a drink." On April 8, 1985, the Respondent was interviewed by Willie D. Brennon, Principal of Silver Sands. William A. Walden, Assistant Principal at Silver Sands was present at the meeting. The Respondent admitted that a "french" style kiss took place between Ms. Romano and himself on March 20, 1985. The Respondent also indicated that Ms. Romano had initiated the kiss. On April 10, 1985, the Respondent met with Duane Busse. At that time Mr. Busse was the Employee Relations Officer of the School District. The Respondent again admitted that he had participated in a "french" type kiss with Ms. Romano on March 20, 1985, that he lacked judgment in allowing it to happen and offered to resign. The Respondent also indicated that his feelings for Ms. Romano were genuine and sincere and that she reminded him of a former girl friend. The same night that the kiss took place, March 20, 1985, the Respondent telephoned Mr. Dungee and told him that Ms. Romano had kissed him and that he had held her off when it happened. Mr. Dungee again advised the Respondent to handle the situation himself. The incident was reported to Mr. Walden by Marnie Hazen, on April 8, 1985. Ms. Hazen was a friend of Ms. Romano. Ms. Hazen was on the track team and a student at Silver Sands. Following the kissing incident, the Respondent wrote a two-page note which was given to Ms. Romano. The note was romantic in nature. The note written by the Respondent was written by the Respondent on his own behalf based upon the following findings of fact: The Respondent admitted to Mr. Busse that he wrote the note to Ms. Romano on April 10, 1985. The complimentary closing of the note reads: Take care and Smile CLY The Respondent was unable to explain the significance of this closing and indicated that it did not mean anything. The Respondent maintained during the final hearing that he had written the note on behalf of Reginald Taylor, one of the managers of the track team. Mr. Taylor was supposed to rewrite the note in his own handwriting and give it to Ms. Romano according to the Respondent. This testimony is rejected as contrary to the weight of the evidence. It is reasonable to infer that the letters "CLY" were intended to represent "Coach Loves You" or "Chester Loves You" or words of similar meaning. The note took two days for the Respondent to write. It defies logic and common sense that the Respondent would spend two days writing a note on behalf of one of his students. The Respondent offered to resign when confronted by Mr. Brennon in order to avoid harm to Silver Sands. His offer was not accepted. The Respondent's position as a teacher was not terminated by the School District following the incidents. Instead, the Respondent was transferred to another work location for the remaining weeks of the 1984-1985 school year and his annual contract with the School District was not renewed following the conclusion of the 1984-1985 school year. The evidence failed to prove that any other kissing incidents occurred or that the Respondent gave Ms. Romano any gifts, including a necklace. The Respondent's conduct with Ms. Romano constitutes personal conduct which seriously reduced the Respondent's effectiveness as an employee of the School District. The Respondent's conduct with Ms. Romano reduced his effectiveness as an employee with the School District. The School District's ability to trust the Respondent with minor female students was substantially diminished as a result of his conduct. In light of the incidents, students under the Respondent's control and supervision would be "at risk." Ms. Romano was served a subpoena compelling her attendance at the final hearing. Ms. Romano failed to appear, however.
Recommendation Based upon the foregoing Findings of Fact and Conclusions Of Law, it is RECOMMENDED that the Respondent's Florida teaching certificate be suspended for a period of three years. DONE and ENTERED this 5th day of August, 1987, in Tallahassee, Florida. LARRY SARTIN, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway The Oakland Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1987. APPENDIX The parties have 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 2-3. 3 4. 4(a) 6. (b) 7. (c) 8. (d) 9. (e) 10. (f) 10-11. 5 11. 5(a) 11a. 11b. 11c. 11d and 16. 11e. 20. The second sentence is not a finding of fact. The last sentence is accepted only to the extent that Ms. Romano's statements corroborate evidence that a kiss occurred and that a note was written by the Respondent to Ms. Romano. Irrelevant or cumulative. Irrelevant. 6 14. 6(a) 15. 15a. The weight of the evidence did not prove that the Respondent wrote more than one note. 15b. 15c. 7 17. 8 19. 9 18. The Respondent's Proposed Findings of Fact 1 1. 2 2-3. 3 2. 4 Not supported by the weight of the evidence. 5 4. 6 The weight of the evidence did not prove that Ms. Romano was "trying to go beyond the teacher-student relationship he had established." See 5. 7 Not supported by the weight of the evidence. 8 6. 9 8. 10-12 Not supported by the weight of the evidence. 13 12. 14 13. 15-16 11d. Irrelevant. 11e and 15a. The date of this meeting was April 10, 1985 and not April 11, 1985. 15a. The Respondent did not tell Mr. Busse that he had written the note for Reginald Taylor. Not supported by the weight of the evidence. Mr. Taylor approached Mr. Busse on his own and told Mr. Busse that the note had been written for him sometime after April 10, 1985. Not supported by the weight of the evidence. 22 17. 23 20. 24 Hereby accepted. 25-26 Not supported by the weight of the evidence. 27-28 18. 29-33 Not supported by the weight of the evidence. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302 Ronald G. Meyer, Esquire Meyer, Brooks and Cooper, P.A. 911 East Park Avenue Post Office Box 1547 Tallahassee, Florida 32302 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32999 Sydney McKenzie, General Counsel Department of Education Knott Building Tallahassee, Florida 32399
