The Issue The issue is whether the Education Practices Commission should suspend, revoke, or otherwise discipline Respondent’s certificate to teach school in the State of Florida.
Findings Of Fact Respondent is certified to teach in the area of Mentally Handicapped. Her Florida teaching certificate, number 637203, is valid through June 30, 1999. Respondent received a satisfactory evaluation of her teaching performance in Duval County for four years prior to the 1992-1993 school year. While teaching at C. G. Woodson Elementary School in Duval County, Respondent helped establish a mobility room for students in the Exceptional Student Education (ESE) program. She also played an important role in the creation of a parent center. She initiated the school’s participation in the foster grandparent program. During the 1992-1993 school year, the Duval County School District employed Respondent as a teacher in a self- contained Exceptional Student Education (ESE) classroom at C. G. Woodson Elementary School. Her students included pre- kindergarten, kindergarten, and first grade students who were designated as Trainable Mentally Handicapped (TMH). Respondent’s principal at C. G. Woodson Elementary School was Ms. Gloridan Norris. In 1992, Ms. Norris observed Respondent in classroom situations that caused her great concern. As a result, Ms. Norris and district ESE personnel began providing Respondent with on-going technical assistance. Respondent denied that she had any problems and did not cooperate with the efforts to alleviate Ms. Norris’s concerns. On or about March 11, 1993, Ms. Norris signed an annual evaluation of Respondent’s performance for the 1992-1993 school year. Competent persuasive evidence supports this evaluation which rated Respondent unsatisfactory in five of eight categories: (a) demonstrates ability to plan and deliver instruction; (b) demonstrates knowledge of subject matter; (c) demonstrates ability to utilize appropriate classroom management techniques, including the ability to maintain appropriate discipline; (d) shows sensitivity to student needs by maintaining positive school environment; and (e) demonstrates a commitment to professional growth. Respondent’s overall evaluation was unsatisfactory. By letter dated May 10, 1993, the Duval County Superintendent of Schools advised Respondent that she would be discharged if she did not reach a satisfactory level of performance. It also informed her that she had the option of transferring to a new teaching position within the county. Respondent elected to transfer to another school. For the 1993-1994 school year, the Duval County School District assigned Respondent to teach at Mary McCloud Bethune Elementary School. Mr. William West was her principal. Respondent’s class for this school term consisted of fourth and fifth grade Educable Mentally Handicapped (EMH) students. Her class had twelve students, making it the smallest ESE class in the school. On or about August 2, 1993, Mr. West requested technical assistance for Respondent from the school district’s office of ESE Instructional Program Support. He specifically requested recommendations for Respondent in the area of classroom and behavior management. Pursuant to that request, the school district’s ESE staff visited Respondent’s classroom five times between September 8, 1993 and October 4, 1993. Dory Reese, Specialist in Intellectual Disabilities, prepared a report containing recommendations for Respondent’s immediate implementation. These recommendations included, but were not limited to these: (a) methods to gain control of the classroom so that instruction can begin; (b) how to follow through on any directions; (c) how to discipline; (d) how to be positive in giving directions; (e) how to stop a specific behavior; and (f) how to regain control which has been lost. In the fall of 1993, Mr. West requested assistance for Respondent from the school district’s office of Professional Development. As a result of that request, Sheryl Hahn visited in Respondent’s classroom. Ms. Hahn is certified to teach mentally retarded students. She prepared a written success plan which listed specific objectives and strategies for Respondent to improve her classroom teaching performance. Ms. Hahn’s plan included objectives and strategies in the following areas: (a) ability to plan and deliver instruction; (b) demonstrates knowledge of subject matter; (c) ability to use appropriate classroom management techniques; (d) maintaining accurate records; and (e) showing sensitivity to student needs by maintaining a positive school environment. Respondent and Ms. Hahn discussed the plan, including proposed completion dates for certain objectives, in a meeting on October 12, 1993. On October 26, 1993, Mr. West prepared Respondent’s mid-year evaluation for the 1993-1994 school year. He found that her performance was unsatisfactory in five of eight categories: demonstrates ability to plan and deliver instruction; demonstrates ability to utilize appropriate classroom management techniques, including the ability to maintain appropriate discipline; (C) shows sensitivity to student needs by maintaining positive school environment; (d) demonstrates abilities to evaluate instructional needs of students; and (e) shows evidence of professional characteristics. Competent persuasive evidence supports these ratings. On October 27, 1993, Respondent was absent from work. The assistant principal, Ms. Rosa Thomas, had to stay with Respondent’s class until a substitute arrived. Respondent had not prepared lesson plans for her class. Another teacher had to share her class work with Respondent’s students. On October 28, 1993, two of Respondent’s pupils left the classroom without permission. Respondent did not know where they were until they were located in the assistant principal’s office. On November 2, 1993, a student left Respondent’s class and went to the school office without permission. Mr. West sent Respondent a memorandum, reminding her that it was dangerous for the children to leave the classroom without adult supervision. He was concerned for the safety of the children. On November 5, 1993, a parent wrote a memorandum complaining that Respondent’s class was out of control. The parent requested that her child be transferred to another class. On November 8, 1993, Mr. West requested a psychiatric evaluation for Respondent. Mr. West based his request on concerns for the safety of Respondent’s students, concerns for Respondent’s health, and concerns about the school’s program. Respondent was unable to maintain control of her classroom. She appeared to be depressed and lethargic. During the week of November 12, 1993, one of Respondent’s pupils refused to get on the bus. The child walked home across a busy highway without supervision. Meanwhile, parents continued to call or visit Mr. West on a daily basis requesting that their child be removed from Respondent’s classroom. On or about November 19, 1993, Mr. West observed Respondent’s classroom performance. He saw students leaving the room without permission, standing on top of desks, taunting the teacher, and fighting. At the end of the day when Mr. West mentioned her pending psychiatric evaluation, Respondent became loud and emotional and stormed from the room. Mr. West wrote a letter to the Assistant Superintendent of Schools, expressing fear for the safety of the children. He requested that Respondent be removed from the classroom immediately. Late in November or early in December of 1993, Mr. West removed Respondent from her regular teaching position. He assigned her a new duty, one-on-one tutoring of ESE students. On or about December 15, 1993, Mr. West wrote another letter to the Assistant Superintendent of Schools. This letter expressed Mr. West’s fear regarding the safety of adults working with Respondent. During a meeting, Respondent became angry with support staff. She glared at the other adults, mumbled under her breath, and scribbled so hard on a paper that she tore it. Mr. West requested that Respondent be removed from the school setting. In January of 1994, Respondent returned to her regular classroom for the first time in several weeks. Mr. West observed her while she was teaching a lesson. He saw a student standing on top of a table and other students wrestling. The students appeared to ignore Respondent’s attempts to restore order. At times, Respondent appeared to ignore the chaos around her. After this observation, Mr. West told Respondent to return to her assigned duty of tutoring ESE students. Mr. West again requested that the school district remove Respondent from the school and place her in a non-teaching position. A memorandum dated January 27, 1994, advised Respondent that she would receive an unsatisfactory evaluation for the 1993-1994 school year. On March 10, 1994, Mr. West signed Respondent’s annual evaluation for the 1993-1994 school year. She received unsatisfactory ratings in six of eight categories: demonstrates ability to plan and deliver instruction; demonstrates knowledge of subject matter; (c)demonstrates ability to utilize appropriate classroom management techniques, including the ability to maintain appropriate discipline; (d) shows sensitivity to student needs by maintaining positive school environment; (e) demonstrates abilities to evaluate instructional needs of students; and (f) shows evidence of professional characteristics. Competent persuasive evidence supports these ratings. On or about April 25, 1994, the Duval County School Board notified Respondent that it intended to terminate her employment. On or about July 11, 1994, Respondent and the Duval County School Board entered into an agreement in which Respondent agreed to resign her teaching position. Clear and convincing evidence indicates that Respondent is not competent to teach or to perform the duties of an employee in a public school system. She is not competent to teach in or operate a private school. Most importantly, Respondent is incapable of providing a safe environment for students in her classroom.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission revoke Petitioner’s teaching certificate for one year from the date of the Final Order. DONE AND ENTERED this 2nd day of July, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of July, 1997. COPIES FURNISHED: J. David Holder, Esquire 14 South Ninth Street DeFuniak Springs, Florida 32433 Patricia Simmons 968 Southeast Browning Avenue Port St. Lucie, Florida 34983 Karen Barr Wilde, Executive Director Education Practices Commission 224-B Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 325 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, Esquire Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400
The Issue Whether Respondent violated sections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j), Florida Statutes (2008),1/ and Florida Administrative Code Rules 6B-1.006(3)(a) and 6B- 1.006(5)(a), and, if so, what discipline should be imposed.
Findings Of Fact Ms. Dunn holds Florida Educator's Certificate 930668, covering the area of exceptional student education, which is valid through June 30, 2012. At all times pertinent to this case, Ms. Dunn was employed as a varying exceptionalities teacher at Seminole High School in the Pinellas County School District (School District). Deborah Joseph (Ms. Joseph), the director of School Partnerships for St. Petersburg College, hired Ms. Dunn for the Spring Semester of 2009 to supervise 12 student interns, teaching in various Pinellas County elementary schools. Ms. Joseph credibly testified that she asked Ms. Dunn what Ms. Dunn would do with her current employment as a Pinellas County teacher, if offered a job. Ms. Dunn stated that she would resign as a teacher. On January 30, 2009, during school hours, Ms. Dunn left the Seminole High School campus without permission from the school administration. When the school's assistant principal, Phillip Wirth (Mr. Wirth), questioned Ms. Dunn about her whereabouts, Ms. Dunn alternately claimed that she had been given permission by another principal to leave the campus and that she had been meeting with another teacher. Neither of Ms. Dunn's explanations was supported by the assistant principal or the teacher. Consequently, on March 9, 2009, Mr. Wirth gave Ms. Dunn a written reprimand for her conduct. The evidence clearly and convincingly shows that Ms. Dunn continued her employment as a teacher at Seminole High School while at the same time working a second job for St. Petersburg College, supervising student interns working in elementary schools. Unfortunately, Ms. Dunn's work hours at Seminole High School coincided with the student interns' work hours at the elementary schools. In order to work both jobs, the record shows that Ms. Dunn was routinely untruthful in her use of sick leave time and left the Seminole High School campus during school hours without permission. For example, the record shows that she requested sick leave on February 26, 2009; March 4, 2009; March 6, 2009; and March 17, 2009. On those very same dates, Ms. Dunn signed in to supervise interns at Pinellas Central Elementary School, Sandy Lake Elementary School, Plumb Elementary School, and McMullen Booth Elementary. Again, on one date, April 23, 2009, Ms. Dunn wrote in her leave request that "family and kids touch [of] flu" and that she was signing out for a doctor's appointment beginning at 9:30 a.m. The record shows on that same day Ms. Dunn miraculously recovered from the illness and was able to eat lunch at her husband's nearby restaurant at 11:50 a.m., and then supervise an intern at Pinellas Central Elementary School at 1:33 p.m. In addition to misusing sick leave, the record clearly showed that Ms. Dunn would leave the Seminole High School campus without permission or signing out and would falsify school records. For example, the record clearly showed that, on April 16, 2009, Ms. Dunn left the school campus without permission. The record shows that she signed out for lunch at 1:00 p.m. and that she returned at 1:30 p.m. However, the records also show at 1:45 p.m., that same day, Ms. Dunn signed into High Point Elementary in order to supervise an intern. Again, on April 22, 2009, Ms. Dunn left Seminole High School without permission or signing out at 9:46 a.m. Walter Weller (Mr. Weller), the principal of Seminole High School, credibly testified that co-teachers, like Ms. Dunn, are placed in exceptional student education classes in order to assist with the students' individual education plans and to help the students succeed. Further, he credibly testified that it was important that teachers remain on campus to keep classrooms covered, and it is a safety issue for the students. James Lott (Mr. Lott), an administrator in the Office of Professional Standards for the School District, credibly testified that the School District felt that progressive discipline was not appropriate in Ms. Dunn's case, because her actions amounted to stealing time and outright falsification of records. Ms. Dunn testified that she did not dispute that she had the second job and claimed that the collective bargaining agreement allowed her to work a second job. Ms. Dunn testified that she never used time off with pay and that the School District should have used a progressive discipline against her, rather than terminating her employment. Further, Ms. Dunn claimed that she and the School District had reached an agreement concerning her claim for unemployment compensation that the School District "would not go after my certificate." Ms. Dunn showed no remorse or acknowledgement of her many untruthful statements or wrongdoing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Ms. Dunn violated sections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j) and rules 6B-1.006(3)(a) and 6B-1.006(5)(a), and suspending her educator’s certificate for two years followed by a period of three years' probation during which she shall be required, along with standard conditions utilized by the Education Practices Commission, to complete a three-hour college level course in ethics during the first year of her probation. DONE AND ENTERED this 27th day of April, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 27th day of April, 2011.
The Issue The issues in this case are whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2006),1 and Florida Administrative Code Rules 6B-1.006(5)(a), 6B-1.006(5)(d), 6B-1.006(5)(e), and 6B-1.006(5)(h), and, if so, what discipline should be imposed.
Findings Of Fact Mr. Cardona holds Florida Educator’s Certificate 634334, covering the areas of athletic coaching, sociology, and exceptional student education. His certificate is valid through June 30, 2011. At all times pertinent to the allegations in the Administrative Complaint, Mr. Cardona was employed as a vocational exceptional student education teacher at Gateway School (Gateway) in the Orange County School District (School District). Gateway is a specialized day school for emotionally- disabled students, grades six through twelve. Valerie Simons (Ms. Simons) was an art teacher at Gateway. Kathy Nash (Ms. Nash) was also employed at Gateway as a behavior technician. Ms. Nash would help instructional staff work with students who were having emotional behavior problems. From July 2005 until April 2006, Mr. Cardona was engaged in a romantic relationship with Ms. Simons. The relationship included, but was not limited to, dating, visiting one another’s homes, and exchanging gifts. In or about March 2006, Mr. Cardona borrowed $1,400 from Ms. Simons. He later repaid $700 of the loan. Although Ms. Simons has made numerous requests for him to pay the balance owed, he had failed to do so. On or about April 7, 2006, Mr. Cardona and Ms. Simons had their last date. On or about April 10, 2006, Ms. Simons had major surgery. After Ms. Simons’ surgery, the romantic relationship between Mr. Cardona and Ms. Simons ended. Unbeknownst to Ms. Simons, Mr. Cardona had also been having a romantic relationship with Ms. Nash at that the same time that he was seeing Ms. Simons. Mr. Cardona continued his romantic relationship with Ms. Nash after the relationship with Ms. Simons ended. In the spring of 2006, W. Thomas Oldroyd, Jr. (Mr. Oldroyd), was the principal at Gateway. One of his assistant principals, Collette Rance (Ms. Rance), came to him and told him that Ms. Nash had come to her and was upset. A student had complained to Ms. Nash about a romantic relationship between Ms. Simons and Mr. Cardona. There had been rumors about romantic relationships between Mr. Cardona and Ms. Simons and between Mr. Cardona and Ms. Nash, who was married. A student also approached Ms. Rance during the spring of 2006 and told Ms. Rance that he had overheard a conversation between Mr. Cardona and Ms. Nash. Mr. Cardona had told Ms. Nash that Ms. Simons was crazy. The emotionally-handicapped student was excited and animated when he disclosed the information to Ms. Rance. Ms. Rance gathered from the student that the student understood that there had been a romantic relationship between Mr. Cardona and Ms. Simons. The day after Ms. Rance reported her conversation with Ms. Nash to Mr. Oldroyd, Mr. Oldroyd called Mr. Cardona, Ms. Simons, and Ms. Nash in his office and told them that whatever personal relationships going on among them was their business, but that he did not want the students to get involved and to discuss the personal lives of Gateway staff. He also told them that, if the talk did not cease, he would involve the employee relations office to do an investigation into the matter. Mr. Cardona, Ms. Simons, and Ms. Nash did not acknowledge that were any personal relationships among themselves; however, they did agree to act professionally and to do what they could to stop the talk among the students. During the 2006 summer school session at Gateway, Ms. Rance had to discipline a student who had yelled at Ms. Simons, telling Ms. Simons that Ms. Simons had broken up Ms. Nash’s marriage and that it was Ms. Simons’ fault that Ms. Nash was getting a divorce. It was clear that the environment that was created concerning the romantic relationships of Mr. Cardona, Ms. Simons, and Ms. Nash was being disruptive to the learning environment. In July 2006, Elaine Scott, Ph.D. (Dr. Scott), replaced Mr. Oldroyd as principal at Gateway. Dr. Scott began to hear comments about the relationships between Mr. Cardona and Ms. Nash and Ms. Simons. She asked Ms. Rance about the comments, and Ms. Rance advised Dr. Scott about Mr. Oldroyd calling Mr. Cardona, Ms. Nash, and Ms. Simons into his office and telling them to act professionally. In August 2006, during the pre-planning session prior to the students returning to school, there was an incident involving Mr. Cardona and a staff member concerning the issuance of keys. Mr. Cardona had complained to Ms. Rance that he thought that Ms. Simons was using her master key to go into his office. Ms. Rance advised him that she would not be issuing master keys to anyone. Mr. Cardona became agitated that he would not be getting a master key. As a result of the incident concerning the keys, Mr. Cardona was given a written directive dated August 28, 2006, in which he was told to conduct himself in the following ways: You are to avoid even the appearance of verbal intimidation while dealing with staff members. This includes, but is not limited to yelling, comments of a disparaging nature, or actions that subject a person to embarrassment. You must also avoid the appearance of retaliation toward any person who may have been a part of this matter. You are reminded that conduct of a sensational nature can adversely impact the professional reputation and effectiveness of a teacher. I expect you to exercise discretion and judgment, such that you do not discredit yourself, the school, or the district. Dr. Scott continued to her comments by others about the unprofessional manner in which Mr. Cardona, Ms. Simons, and Ms. Nash were interacting. Dr. Scott became concerned to the point that she asked the employee relations department of the School District to investigate, and an investigation was commenced. On or about October 19, 2006, Mr. Cardona went to Ms. Simons’ classroom during work hours. He brushed Ms. Simons’ shoulder and said he was trying to see if she had any chips on it. Mr. Cardona also unzipped his pants and pressed against Ms. Simons and asked if he could come to her house that evening. On or about October 24, 2006, Mr. Cardona approached Ms. Simons while she was in the school library, while they were there to view a video as part of the teacher training. Mr. Cardona asked Ms. Simons if he could give her proof that he was free from any sexually transmitted disease and acquired immune deficiency syndrome. On or about October 30, 2006, Mr. Cardona went to Ms. Simons’ home uninvited. He began to bang on a window and banged so hard on the front door that he dented the door. Ms. Simons went to the door, looked through the peephole, and saw that it was Mr. Cardona. He tried to convince her to let him in, but she refused. Mr. Cardona eventually left. Ms. Simons complained to the School District about Mr. Cardona’s harassment. She also filed a petition in circuit court for a restraining order against Mr. Cardona. On October 31, 2006, a Temporary Injunction for Protection Against Domestic Violence Without Minor Child(ren) was issued by the Circuit Court of the Ninth Judicial Circuit in and for Orange County, prohibiting Mr. Cardona from having contact with Ms. Simons. On November 13, 2006, a Final Judgment of Injunction for Protection Against Domestic Violence Without Minor Child(ren) (After Notice) was issued by the same court against Mr. Cardona, prohibiting Mr. Cardona from having contact with Ms. Simons. Ms. Simons advised Ms. Rance of the issuance of the injunctions. After Ms. Rance became aware of the injunctions, she observed Mr. Cardona standing near Ms. Simons’ classroom, sorting through what looked like junk mail. There was no reason for Mr. Cardona to be near Ms. Simons’ classroom. Ms. Rance confronted Mr. Cardona about standing near Ms. Simons’ classroom after the issuance of the injunctions, and Mr. Cardona became angry with Ms. Rance. On November 18, 2006, a staff meeting was held concerning a student. Present at the meeting were the student, his guardian, several vocational teachers, Ms. Simons, and Mr. Cardona. During the meeting, Ms. Simons was commenting on what she had observed of the student’s performance and was giving her professional opinion on whether the student should be on a particular diploma track. While Ms. Simons was speaking, Mr. Cardona made sidebar comments such as: “Yeah, in her professional opinion. . . . What profession is that?” Mr. Cardona also would roll his eyes and shake his head at Ms. Simons’ comments. These types of comments continued throughout the meeting. Susan Fronheiser (Ms. Fronheiser), then a teacher at Gateway, was present during the meeting. During the meeting, the guardian of the student asked Ms. Fronheiser what was going on with Mr. Cardona’s comments and actions. At the end of the meeting, other teachers asked Ms. Fronheiser what was going on with Mr. Cardona. Mr. Cardona’s conduct at the meeting was unprofessional and disturbing to the attendees of the meeting. Ms. Fronheiser advised Ms. Rance of what had occurred during the meeting. On November 30, 2006, Mr. Cardona gave notice to the School District that he would retire from his position on December 29, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Cardona is not guilty of violating Subsection 1012.795(1)(c), Florida Statutes; finding Mr. Cardona guilty of violating Subsections 1012.795(1)(f) and 1012.795(1)(i), Florida Statutes; finding that Mr. Cardona is guilty of violating Florida Administrative Code Rules 6B-1.006(5)(d) and 6B- 1.006(5)(e); finding that Mr. Cardona did not violate Florida Administrative Code Rules 6B-1.006(5)(a) and 6B-1.006(5)(h); and suspending his teaching certificate for two years. DONE AND ENTERED this 15th day of January, 2010, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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, 2010.
The Issue The issue is whether respondent's educator's certificate should be disciplined for the reasons cited in the administrative complaint filed on November 7, 1995.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Respondent, Richard T. Vaughn, Jr., is licensed as a teacher having been issued Florida Educator's Certificate 678116 by the Department of Education. The certificate covers the area of sociology and was valid through June 30, 1995. When the events herein occurred, respondent was employed as a mathematics teacher at the Marion Regional Juvenile Detention Center (MRJDC) and The Phoenix Center in the Marion County School District. Based on conduct which occurred during school year 1993-94, on May 19, 1994, respondent was suspended from his teaching position by the Marion County School Board (Board). After an administrative hearing was held in December 1994, a final order was entered by the Board on March 31, 1995, terminating respondent for misconduct in office, incompetency, and willful neglect of duty. After learning of the Board's action, and conducting a further inquiry, petitioner, Frank T. Brogan, as Commissioner of Education, issued an administrative complaint on November 7, 1995, alleging that respondent's conduct also constituted a sufficient ground to discipline his teacher's certificate. The charges stem from incidents which allegedly occurred while respondent taught at MRJDC from September 1993 until April 7, 1994, and at The Phoenix Center from April 8, 1994, until May 17, 1994. In his request for a hearing, respondent has denied all material allegations. During most of school year 1993-94, respondent taught at MRJDC, which is a detention facility for students who are awaiting trial on criminal charges. As might be expected, the students at MRJDC "are very difficult to work with." At hearing, respondent's supervisor established that respondent had "difficulty" with his work, he was "uncooperative" with other faculty and staff, and he had "problems" with his peers. His behavior was generally described by all witnesses as being "bizarre" and "irresponsible." On some occasions, he would become angry with his students and "storm" out of his classroom leaving the students unsupervised. While respondent was teaching at MRJDC, it was necessary for the principal of the school's education center to meet with respondent because he would not speak to any of his colleagues. Respondent took the position that speaking with his peers was not in his job description, and thus it was unnecessary for him to do so. Although admonished by the principal to communicate with his peers, respondent continued to be abrupt and uncommunicative. During his tenure at MRJDC, respondent exhibited irrational and explosive behavior while teaching his classes. For example, he frequently engaged in screaming tirades against students who failed to meet his disciplinary expectations. In addition, it was not unusual for respondent to be confrontational with his students, and if threatened by one, he would challenge the student to carry out the threat, or to meet him outside the classroom to resolve the matter. Respondent's pattern of explosive behavior at MRJDC culminated on April 7, 1994, when the MRJDC superintendent was called to respondent's classroom to resolve an "emergency" situation. As it turned out, a student had thrown some pencil lead, hitting respondent in his glasses. Respondent began yelling at the student and challenging him to come outside the classroom and "take him on" to settle the score. When the superintendent arrived, she asked respondent to leave campus for the remainder of the day. However, respondent became abrupt and confrontational with the superintendent, initially refused to leave, and continued yelling at the student for another five minutes. Because of respondent's pattern of irrational and explosive behavior throughout the school year, and his loss of effectiveness as a teacher at MRJDC with both his colleagues and his students, a decision was made to transfer respondent to The Phoenix Center, an alternative education school, in order to give him one final opportunity. Effective April 8, 1994, respondent was reassigned to The Phoenix Center as an exceptional student education teacher. His class consisted of no more than four or five students. Despite the small number of students, respondent continually called the dean of students to resolve disciplinary problems which arose in his classroom. It can be reasonably inferred that respondent lacked the necessary demeanor and temperament to effectively manage and control his classroom. On May 3, 1994, respondent was described as being "incoherent" and "in a rage" while engaged in an altercation with a student who had threatened him. While the student was being led from the classroom to the principal's office by the dean of students, respondent became "agitated" and followed the student down the hallway continuing to challenge him to carry out his threat. Although ordered by the dean to return to the classroom, respondent initially refused to do so. Respondent's explanation for his conduct was that he was trying to prove a point with the student. For at least the second time that school year, respondent was instructed by the principal not to challenge students who had made threats. By engaging in the conduct described in the previous finding of fact, and that described in findings of fact 6 and 7, respondent intentionally exposed his students to unnecessary embarrassment or disparagement. On May 6, 1994, while coaching a school softball team, respondent became outraged over a call by the umpire and left the campus without permission. During his absence, the students were unsupervised. On May 17, 1994, respondent was returning to campus in his automobile when he approached a group of students in the roadway. One female student ignored her teacher's request to move and intentionally remained in the middle of the road. As he approached the student, respondent gunned his engine and drove straight for the student but hit his brakes stopping just short of her. Respondent later explained that he was merely trying to prove the point that if a student remained in the road with a car approaching, she would "be in trouble." By engaging in this conduct, respondent failed to make a reasonable effort to protect a student's physical safety. By virtue of his personal conduct over the school year at both MRJDC and The Phoenix Center, respondent's effectiveness as a classroom teacher has been seriously reduced.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Education Practices Commission enter a final order finding respondent guilty of violating Sections 231.28(1)(f) and (i), Florida Statutes, and Rules 6B-1.006(3)(a) and (e), Florida Administrative Code, revoking his certificate for one year, allowing him to reapply for an educator's certificate only upon certification by a mental health professional that he is competent and capable of performing his duties as an educator, and upon reemployment, placing him on probation for a period of three years. DONE AND ENTERED this 18th day of September, 1996, in Tallahassee, Florida. DONALD R. ALEXANDER, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675, SunCom 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of September, 1996. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 224-B Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Carl J. Zahner, II, Esquire Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Richard T. Vaughn, Jr. 1731 26th Street, South St. Petersburg, Florida 33712
The Issue The issues in this case are whether Respondent, Nancy S. Lowery ("Respondent"), violated Subsections 231.2615(1)(c), (f), and (i), Florida Statutes (2001),1/ and Florida Administrative Code Rule 6B-1.006(3)(a) and (e), as alleged in the Administrative Complaint; and, if so, what penalty should be imposed.
Findings Of Fact At all times relevant to this proceeding, Respondent held a Florida Educator's Certificate No. 365470, issued by the Department of Education. The certificate covered the area of family and consumer science and was valid through June 30, 2002. During the 2001-2002 school year, Respondent was a teacher at Oakridge High School ("Oakridge"), a school in the Orange County School District ("School District"), and taught exceptional education students. On February 1, 2002, while employed as a teacher at Oakridge, Respondent showed the movie, "Jaws III," in her classroom to the students in her fourth-period class. That day there were about ten students in Respondent's fourth-period class. Prior to or soon after starting the movie, Respondent turned off the lights in the classroom, and the lights remained off while the movie was playing. While the movie was playing, the students in Respondent's class sat at their desks. However, at some point during the movie, D.C., a female student in the class, asked J.G., another student, if she (J.G.) gave "head." In response, J.G. answered in the affirmative. After J.G. responded, D.C. and G.J., a male student in the class, then coaxed J.G. to perform oral sex on G.J. Then, G.J. unzipped his pants and told J.G. to put her head "down there," and she did so. At or near the same time, G.J. put his hand in J.G.'s pants. For most of the class period, J.G.'s head was in G.J.'s lap. While J.G. was performing oral sex on G.J., some of the students in the class positioned their desks so that Respondent could not see what J.G. and G.J. were doing. At all times relevant to this proceeding, B.D. was about 16-years-old and a student at Oakridge. B.D. was in Respondent's fourth-period class on February 1, 2002, and observed the events and incident described in paragraphs four through six. Petitioner was in the classroom during the entire fourth period while "Jaws III" was playing. However, once the movie began playing, Petitioner was at the computer in the classroom "working on" or "typing" something. Petitioner was working at the computer most of the class period and did not see J.G. and G.J. engaging in the inappropriate sexual conduct described in paragraph five. At all times relevant to this proceeding, Kari Sperre was the chairman of the Exceptional Education Department at Oakridge, the department in which Respondent worked. On the morning of February 1, 2002, Ms. Sperre took her class on a field trip. Ms. Sperre and her class returned to the school during the fourth period. As Ms. Sperre walked by Respondent's classroom, she noticed that the lights in that classroom were out. Later that day, it was reported to Ms. Sperre that J.G. had told another student, L.C., that she (J.G.) had performed oral sex on G.J. Upon hearing this report, Ms. Sperre investigated the matter. Ms. Sperre first talked to L.C., a female student in the ninth grade at Oakridge. L.C., who was not in Respondent's fourth-period class, reported to Ms. Sperre that J.G. told her (L.C.) that she (J.G.) had performed oral sex on G.J. After she spoke with L.C., Ms. Sperre then talked to J.G. Although initially reluctant to talk to Ms. Sperre, J.G. eventually told Ms. Sperre what had happened that day in Respondent's class. J.G. told Ms. Sperre that she had only recently transferred to Oakridge, that she was in Petitioner's fourth-period class, and that the lights in the class were out during class that day. J.G. also reported to Ms. Sperre that two students in the class, D.C., a female student, and G.J., a male student, encouraged her to perform oral sex on G.J. According to J.G., D.C. and/or G.J. told her that all she had to do was put her head underneath G.J.'s jacket and nobody would know what was going on. J.G. also told Ms. Sperre that G.J.'s pants were open and admitted that, "I just bent down and did it." J.G. told Ms. Sperre that this incident occurred while the class was watching the movie and while Respondent was working on the computer. At all times relevant to this proceeding, J.G. was classified as an exceptional education student, having been classified as educable mentally handicapped. A student classified as educable mentally handicapped has an IQ of below 70, well below the average IQ of 100. After the February 1, 2002, incident that occurred in Respondent's class, J.G. was suspended from school for engaging in inappropriate conduct at school. Also, since the incident, J.G. withdrew from school and is no longer enrolled in the School District. On February 1, 2002, Respondent violated several policies of the School District. First, the School District requires that teachers supervise their students at all times when they are in the classroom. In order to do this, the teacher should have the students within sight. This is especially important with regard to exceptional education students, who have special and unique challenges. Respondent did not supervise her fourth-period class on February 1, 2002, although she was in the classroom. Instead of supervising her class, Respondent was working at the computer most of the class period and was unaware of what the students were doing. Clearly, Respondent was not supervising her students, as evidenced by her failure to ever notice or observe the sexually inappropriate conduct by students in her class. By failing to properly supervise her class on February 1, 2002, Respondent failed to protect her students from conditions harmful to their learning and/or physical health and/or safety. The incident that occurred on February 1, 2002, in Respondent's class could have a negative impact on both the students who observed the incident, as well as the student who was encouraged to perform oral sex on the male student. The educable mentally handicapped student who was coaxed into performing the act could be the victim of teasing as a result of her involvement in the incident. According to Ms. Sperre, those students who witnessed the incident could also be negatively impacted by being exposed to and observing the incident. For example, many of the students in the exceptional education class could also be encouraged to engage in the same type of activity that they witnessed in Respondent's fourth-period class on February 1, 2002. The School District has a policy that prohibits teachers from turning out all the lights in their classrooms during class time. This policy is for safety reasons and requires that even if there is a need to turn off the classroom lights, at least one "bank" of lights must remain on at all times. On February 1, 2002, Respondent violated the policy discussed in paragraph 22, by turning off all the lights at or near the beginning of the fourth period, and they remained off while the students were watching the movie. This violation contributed to Respondent's failure to supervise the students because with all the lights out, even though she was in the classroom, Respondent was unaware and unable to see what the students, including J.G. and G.J., were doing. During the 2001-2002 school year, Oakridge had a policy that allowed teachers to show only movies that were educational or had some relevance to the lesson being taught in the class. At the beginning of every school year, including the 2001-2002 school year, teachers at Oakridge are given faculty handbooks, which include various policies and procedures that they are required to read. In addition to these written policies and procedures, Oakridge administrators would "discuss" various "oral procedures" with teachers at facility meetings. It is unclear if the policies or procedures regarding the kinds of movies that could be shown at Oakridge and the prohibition against having all the lights off in classrooms at Oakridge were written or oral policies and/or procedures. On February 1, 2002, Respondent violated the policy related to the kind of movies that are allowed to be shown in the classroom by showing the movie, "Jaws III." "Jaws III" is not an educational movie, nor was it relevant to any lesson being taught by Respondent at or near the time it was being shown to the students. The School District investigated the February 1, 2002, incident, and thereafter, the committee reviewed the incident and voted unanimously to recommend that Respondent be terminated as a teacher in the School District. Despite the unanimous recommendation of termination, because Respondent's teaching contract for re-appointment was to be considered soon, instead of terminating Respondent, the School District decided that it would simply not recommend her for re-appointment for the 2002- 2003 school year. On February 20, 2002, after the February 1, 2002, incident was investigated, Oakridge's principal, J. Richard Damron, issued to Respondent a letter of reprimand and a letter of directives regarding the incident that occurred in Respondent's classroom on February 1, 2002. The letter of reprimand specifically referenced the February 1, 2002, incident and stated that Respondent had "failed to use reasonable care in supervising" the students in her class. Next, the letter of reprimand stated that a directive would be issued in a separate correspondence that outlines the School District's expectations regarding Respondent's conduct in the future. Finally, the letter of reprimand noted that "should there be another incident of a similar nature in the future[,] discipline, up to and including dismissal could be recommended." On February 20, 2002, Principal Damron issued written directives to Respondent which required her to do the following: (1) establish a safe, caring, and nurturing environment conducive to learning and the physical and psychological well- being of students; (2) refrain from showing films that are not directly associated with lessons that contribute to the education of children; (3) keep children under her [Petitioner's] direct supervision at all times and not leave students alone, with other teachers, or be absent from her duties unless she makes prior arrangements with the principal or one of the assistant principals; and (4) comply with all district and school directives, policies, rules, and procedures. Respondent's job performance as a teacher at Oakridge for the 2001-2002 school year was evaluated in March 2002. The results of the evaluation are reported on the School District's form entitled, Instructional Personnel Final Assessment Report ("Assessment Report"). The Assessment Report dated March 25, 2002, noted two areas in which Respondent "Needs Improvement": (1) Professional Responsibilities; and (2) Classroom Management and Discipline. Respondent was rated as "Effective" in four areas: (1) Curriculum Knowledge; (2) Planning and Delivering Instruction; (3) Assessment of Student Performance; (4) Development and Interpersonal Skills. On March 25, 2002, the same day the Assessment Report was completed, Principal Damron notified Respondent that he was not recommending her for re-appointment for the 2002-2003 school year. According to the letter, Principal Damron decided to not recommend Respondent for re-appointment "based upon performance- related reasons and the temporary contract" that she held at that time. Alfred Lopez, a senior manager with the Orange County School District, testified that by failing to supervise the students in her fourth-period class on February 1, 2002, Respondent's effectiveness as a teacher in the School District had "definitely" been reduced. Ms. Sperre testified that she would not ever want Respondent employed in a school in Orange County in which she (Ms. Sperre) was employed. Notwithstanding the beliefs of Mr. Lopez and Ms. Sperre, based on the letter of reprimand and the letter of directives issued on February 20, 2002, it appears that Respondent continued to teach at Oakridge after the February 2002 incident through the end of the school year. Furthermore, no evidence was presented which established that after the incident, Respondent was reassigned, relieved of, or otherwise removed from her position as an exceptional education teacher at Oakridge after the incident.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission issue a final order finding that Respondent violated Subsection 231.2615(1)(i), Florida Statutes, and Florida Administrative Code Rule 6A-1.006(3)(a), but did not violate Subsections 231.2615(1)(a) and (f), Florida Statutes, and Florida Administrative Code Rule 6A-1.006(3)(e). It is further RECOMMENDED that the final order impose the following administrative sanctions on Respondent: Upon employment in any public or private position requiring an educator's certificate, Respondent shall be placed on two years' probation with the conditions that during this period, she shall: Notify the Education Practices Commission, upon employment and immediately upon termination of employment in any public or private position requiring a Florida educator's certificate; Have her immediate supervisor submit annual performance reports to the Education Practices Commission; Violate no law and fully comply with all School District regulations, school rules, and the State Board of Education; Satisfactorily perform assigned duties in a competent, professional manner; and Bear all costs of complying with the terms of this probation. Enroll in and successfully complete a three-hour college course in classroom management within the first year of probation and submit to the Bureau of Education Standards an official college transcript verifying successful completion of the course with a grade of "B" or higher. This course must be taken in person, and a correspondence or on-line course will not satisfy this requirement. Issue a letter of reprimand, with a copy to be placed in Respondent's certification file. DONE AND ENTERED this 18th day of March, 2005, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 18th day of March, 2005.
The Issue Whether Petitioner has just cause to terminate Respondent’s employment as a teacher, for alleged violations of various School Board rules and policies, as outlined in the Superintendent’s letter to Respondent, dated June 15, 2009.
Findings Of Fact Petitioner is the School Board of Sarasota County, the entity responsible for operating, monitoring, staffing, and maintaining the public schools within Sarasota County, in accordance with Part II, Chapter 1001, Florida Statutes (2009). The School is a middle school operated by Petitioner. Petitioner employed Respondent, Brian Berry, as a teacher at the School for several years. Respondent taught students with ESE designation. Respondent is an “instructional employee” under the Instructional Bargaining Unit Collective Bargaining Agreement between the Sarasota Classified/Teachers Association (“Union”), and Petitioner (July 1, 2006 – June 30, 2009, for the 2008-2009 year)(the “Collective Bargaining Agreement”). Article XXV of the Collective Bargaining Agreement governs disciplinary actions against teachers, including Respondent. The Collective Bargaining Agreement requires there to be just cause for any discipline. Normally, the following progressive discipline steps are administered: (1) verbal reprimand; (2) written reprimand; (3) suspension and, (4) termination. Following progressive discipline is not required “in cases that constitute a real immediate danger to the district or other flagrant violations.” During the 2008-2009 school year, Respondent’s classroom was one of four classrooms arranged in a quadrant fashion around a center internal office that connects the four classrooms to each other. Respondent’s room was in the southwest quadrant. Holmes had the room in the northwest quadrant. Brooks had the room in the southeast quadrant. Like Respondent, Holmes and Brooks taught ESE students. Brooks and Respondent shared a paraprofessional, Collins. Bazenas became the School’s principal in April 2006, and has been its principal since that time. Before resorting to the progressive discipline system, School administration routinely counsel employees on an informal basis when there is a concern. Generally, the counseling occurs as a conversation between the administrator and instructor. This informal counseling is non-punitive. Administrators also use Memorandums of Instruction to clarify expectations. A Memorandum of Instruction is also non-punitive in nature; however, failing to abide by the expectation contained in a Memorandum of Instruction could warrant discipline. Respondent’s prior disciplinary history includes: Verbal Reprimand, dated December 17, 2007, for failing to monitor students. Verbal Reprimand, dated January 19, 2009, for failing to submit student attendance on 39 occasions during the 2008- 2009 school year through January 6, 2009. Written Reprimand, dated January 20, 2009, for failing to follow three separate Memorandums of Instruction concerning posting student attendance and for failing to report student attendance on January 7, 2009. Individual Education Plans During the 2008-2009 school year, Respondent was the case manager responsible for drafting Individual Education Plans (“IEPs”) for several of his students. Under federal law, IEPs must be updated at least once each year. Failing to update an IEP by the time the prior IEP becomes out of date means such IEP is out of compliance. This jeopardizes ESE funding, which comes from state and federal sources. During the 2008-2009 school year, there was an ESE liaison (Cindy Lowery) at the School who routinely and timely reminded case managers, including Respondent, of their IEP responsibilities, important deadlines, and steps necessary to be taken by the case manager. At the beginning of the school year, Lowery explained the procedures to case managers, including Respondent. Respondent received numerous reminders prior to the expiration of each IEP for which he was responsible. The expectations relating to IEP completion were clear and known to case managers, including Respondent, at all relevant times. At all times during the 2008-2009 school year prior to his being placed on administrative leave on March 17, 2009, Respondent had the ability to complete in a timely manner each IEP for which he was responsible. He also had access to all materials and assistance necessary to timely complete each of the IEPs. During school year 2008-2009, Respondent was the case manager and responsible for the IEPs of students A.M. (due 11/27/08; completed 12/1/08); J.G. (due 1/17/09; completed 2/25/09); U.S. (due 1/17/09; completed 2/25/09); J.C. (due 2/20/09; completed 2/25/09); N.C. (due 3/3/09; not completed prior to date Respondent was placed on administrative leave on March 17, 2009); B.B. (due 3/11/09; not completed prior to date Respondent was placed on administrative leave on March 17, 2009). Reporting Attendance Teachers are required to take classroom attendance each period and timely post that attendance into the School’s computer program that tracks attendance. This expectation is contained in the School’s staff handbook, which is developed and reviewed annually by a shared-decision making team, composed of administrators, teachers, and community members. Reporting attendance each period is a safety and security matter. Reporting attendance also assists with accountability for funding purposes. During the 2008-2009 school year prior to being placed on administrative leave on March 17, 2009, Respondent failed to report attendance in at least one period on: August 20, 21, 25, 26, 27, 29; September 3, 4, 9 - 12, 15, 16, 22, 26, 30; October 1, 3, 7 - 9, 15, 16, 22, 23, 28, 29; November 6, 7, 12, 18, 20, 21, 25; December 4, 5, 10; January 6, 7; February 19, 24; and March 3, 4, 10, 13, and 16. In all but six of those dates, Respondent failed to report attendance for multiple periods. On October 20, 2008, November 24, 2008, and January 7, 2009, administrators at the School provided Respondent with Memorandums of Instruction reminding Respondent of the need to submit attendance electronically each period. FCAT Proctoring On March 10 and 11, 2009, the FCAT was administered at the School. Respondent was assigned to proctor students who were permitted testing accommodations. Some permitted accommodations included extended testing time and having proctors read questions. Testing of these students occurred in the School’s media center. Another ESE teacher, Aisha Holmes, was also assigned to proctor similar students. Proctors were instructed that they needed to sign-in and sign-out upon entering and leaving the media center; that they could not engage in personal reading; and that they needed to actively supervise the students at all times. A preponderance of evidence supports the finding that Respondent engaged in the following activities contrary to his duties as proctor: Over the two-day proctoring session, Respondent failed to sign-in and sign-out every time that he took a break. Respondent engaged in personal reading and other non-proctoring activities when he was required to be actively proctoring the FCAT. Respondent stood over student S.L.’s shoulder for a time period exceeding two minutes. While Respondent contends that he was trying to determine if S.L. had finished, S.L. had not finished. Respondent’s actions were intimidating to S.L. On the second testing day, Respondent fell asleep on a couch in the media center for a period of time when he should have been actively proctoring. Respondent snored, causing a disturbance to the students engaged in testing activities. While the length of time Respondent slept was in dispute, the evidence demonstrates that it was considerably longer than a brief moment as advanced by Respondent. On the second day of testing, a student spilled juice on that student’s reference sheet. Respondent placed the reference sheet in the microwave but did not monitor the drying process. The microwave scorched the reference sheet, resulting in a burnt smell invading the testing area and causing another disturbance to the students engaged in testing activities. Use of Video with No Learning Objective in Place In February 2009, Respondent showed the movie “Happy Feet” to his class. He concedes that he had no learning objective in mind in showing this video. Although Respondent explained that in his opinion, no learning could be accomplished that day due to the death of a co-teacher’s fiancé, Respondent conceded that he requested no assistance in addressing this situation despite such assistance being available to him. Lesson Plans Teachers are required to prepare lesson plans at least one week in advance. Teachers are also required to have the lesson plan on their desk and available for review. The lesson plan expectations are contained in the School’s staff handbook. The lesson plans are the guiding document for instruction, which requires teachers to give forethought as to the content of their lessons. It is used by teachers to focus their lessons, by administrators to ensure content aligns with teaching objectives, and by substitutes in the absence of the teacher. It is undisputed that the School’s administration repeatedly counseled Respondent to create and have lesson plans available. Respondent failed to have lesson plans completed and available for the week of October 6, November 17, and December 15, 2008, and January 5, January 20 and February 2, 2009. February 3, 2009 Weingarten Hearing On February 3, 2009, Bazenas and Respondent met in a formal, noticed meeting to discuss Respondent’s failure to complete IEPs for Students J.G. and U.S. That meeting also addressed Respondent’s continued failure to comply with school policy on maintaining lesson plans. It is undisputed that Respondent failed to timely complete the IEPs for students J.G. and U.S., and that he failed to comply with the lesson plan requirement. March 16, 2009 Weingarten Hearing On the afternoon of Monday, March 16, 2009, Bazenas and Respondent and others met in a formal, noticed meeting to discuss: (1) Respondent’s failure to complete IEPs for students N.C. and B.B. prior to their IEPs becoming out of compliance; (2) the FCAT proctoring matters; (3) use of the video “Happy Feet” with no learning objective; (4) continued failure to comply with the lesson plan expectation; (5) tardiness on March 9, and March 10, 2009; and (6) use of the girls’ restroom.1 It is undisputed that Respondent failed to complete the IEPs for students N.C. and B.B. in a timely manner, and that he used the video “Happy Feet” with no learning objective in place. During the meeting, Bazenas presented Respondent with the summary of Holmes’ observations of Respondent’s conduct while proctoring the FCAT. Respondent conceded that he was inattentive at times during FCAT proctoring and did fall asleep for some period of time during the FCAT, although he disputes it was for 45 minutes. March 17, 2009, Confrontation On the morning of Tuesday, March 17, 2009, Respondent entered Holmes’ classroom to “discuss” Holmes’ summary of her observations of Respondent during the FCAT. A student, whom Holmes was tutoring, was present in Holmes’ room at the time. Holmes was uncomfortable with Respondent’s insistence on discussing the FCAT matter at that time in front of the student. Holmes advised Respondent that she would talk to him later. Respondent, however, persisted in continuing his challenge to Holmes’ FCAT proctoring observations in front of the student. At that point, Bazenas entered Holmes’s room. Bazenas observed that the situation was “tense” and that Holmes was backed into a corner of the room. Bazenas also observed that the student that was present looked very uncomfortable. At that point, Bazenas, in a reasonable voice, requested that Respondent return to his own classroom to supervise his students. Respondent immediately became upset and began yelling at Bazenas, telling Bazenas not to interrupt him. Respondent approached him and pointed his finger in Bazenas’ face. At that time, Collins was in Brooks’ room. Collins heard shouting coming from the direction of Holmes’ room. Collins proceeded into the center office of the quad. She observed Respondent shouting at Bazenas that he was a “liar” and that Respondent would see Bazenas “in court.” Collins did not hear Bazenas raise his voice. Collins was fearful of Respondent; she had never seen Respondent act in that way. She also testified that Bazenas looked fearful of Respondent. Respondent then proceeded into his classroom and Bazenas followed Respondent into the classroom. He put himself between Respondent and his students, permitting Collins to remove the students from Respondent’s classroom, taking them into Brooks’ classroom. Respondent continued with his emotional outburst during this time. When Bazenas requested that Respondent leave campus immediately, Respondent threatened Bazenas. Bazenas subjectively believed that Respondent’s agitated behavior and his statement to be a threat of violence. Respondent also directed inappropriate comments to his students about Bazenas during his outburst. As Collins brought Respondent’s students into Brooks’ classroom, Collins was shaking and looked very fearful. After all of Respondent’s students were in Brooks’ classroom, Brooks locked the doors. Locking the doors is an unusual occurrence; however, Respondent did leave campus voluntarily. Respondent was immediately placed on administrative leave. Shortly thereafter, a police officer went to Respondent’s house to advise Respondent to stay away from campus. Respondent complied with the request. Respondent’s outburst on March 17, 2009, constituted a real and immediate threat to the School administration, teachers and students and was a flagrant violation of school policies and the State Principles of Professional Conduct.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Sarasota County School Board enter a final order terminating the employment of Respondent from the date Respondent was placed on unpaid leave of absence. DONE AND ENTERED this 27th day of January, 2010, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 27th day of January, 2010.
The Issue As to DOAH Case No. 12-2859TTS, whether Rhea Cohen (Respondent), a classroom teacher, committed the acts alleged in the Amended Administrative Complaint filed by Robert Runcie, as Superintendent of the Broward County Schools (Superintendent) and, if so, the discipline that should be imposed against Respondent’s employment. As to DOAH Case No. 13-0704PL, whether Respondent committed the acts alleged in the Administrative Complaint filed by Pam Stewart, as Commissioner of Education (Commissioner) and, if so, the discipline that should be imposed against Respondent’s teacher’s certificate.
Findings Of Fact At all times material hereto, the School Board has been the constitutional entity authorized to operate, control, and supervise the public schools in Broward County, Florida; and Robert Runcie was Superintendent of Schools. At all times material hereto, the Commissioner has been the head of the state agency responsible for certifying and regulating public school teachers in the State of Florida; and Pam Stewart was the Commissioner. Respondent has been employed by the School Board since 2002 and holds a Professional Services Contract, issued in accordance with section 1012.33(3)(a). During the time relevant to this proceeding, Respondent was an ESE classroom teacher at Crystal Lake. During the 2007-2008 school year, Respondent was employed as an ESE classroom teacher at Atlantic West Elementary School teaching students on the autism spectrum. During that school year, the Education Practices Commission (EPC) reprimanded Respondent for sleeping in class while students were present and for using restraints inappropriately to control or manage autistic and exceptional student education students. The EPC imposed an administrative fine against her in the amount of $500.00. Thereafter, Respondent transferred to Crystal Lake. Respondent taught ESE students at Crystal Lake for the 2010-2011 and 2011-2012 school years. The events at issue in this proceeding occurred during either the 2010-2011 school year or the 2011-2012 school year. Exact dates were available for some of the events, but unavailable for other events. Respondent’s classroom at Crystal Lake for those two school years was divided into two halves, separated by tables and rolling chalkboards that did not form a solid wall. For the 2010-2011 school year, Respondent taught her class of ESE students on one side of the divided classroom and a Ms. Knighton taught on the other side. For the 2011-2012 school year Respondent shared the classroom with Mr. Montalbano. On one side of the classroom was Respondent’s class, consisting of 11 ESE students. On the other side of the room was Mr. Montalbano’s class, consisting of seven ESE students. Mr. Montalbano’s class was smaller because his class functioned at a lower level than Respondent’s class. On October 4, 2011, student J., a non-verbal, wheel chair-bound boy, and student D., a boy with Down’s syndrome, were sitting next to each other in Respondent’s classroom. Student D. did something to irritate student J. Student J. balled up his fist as if to strike student D. Respondent, in front of the entire class, Lisa Phillips (an ESE paraprofessional), and Ms. Sorren, made the following statement: “So is the cripple [student J.] going to beat up the retard [student D.]”./4 Other students in the classroom laughed at student J. and student D. Student J.’s wheelchair is motorized. After making the statement quoted above, Respondent attempted to move student J. into a corner. When student J. moved the wheelchair away from the corner, Respondent unplugged the wheelchair’s battery and made the statement: “Now who has the power. I am in control, not you.” The other students laughed at student J. Respondent then moved student J. to the corner./5 On October 11, 2011, Respondent sent student J. to Mr. Montalbano’s classroom and commented that “he’s too much of a bother.” One day at dismissal, student J. asked Respondent three or four times to be taken to the bathroom. Respondent did not respond to student J. The bus arrived, but the driver refused to accept student J. because of his request to go to the toilet. Mr. Montalbano, who overheard student J.’s requests to Respondent, took over the responsibility for student J. Respondent became frustrated while helping student J. with the computer after student J. got the wires to the headphones tangled. Respondent ripped the headphones out of the back of the computer leaving the male connection in the female end of the computer. In a private discussion with Mr. Montalbano, Respondent referred to student D. as being a “moron.” Respondent sent her 11 students to Mr. Montalbano’s side of the classroom, which housed ten computers. There was a disturbance because one student did not have a computer. Respondent came to Mr. Montalbano’s side of the classroom and told student D. to give up his computer. Student D.’s first language is Bulgarian. When student D. muttered in protest, Respondent yelled at him to express himself in English. When student D. left the computer, his place was quickly taken by another student. Student D. began to cry. Respondent walked back to her side of the classroom, leaving student D. crying in Mr. Montalbano’s side of the classroom. On October 11, 2011, student Mi., an 11 year-old female on the autism spectrum, was playing with a puzzle during free time when she spotted an open computer. Student Mi. left the puzzle pieces out to go to the computer. Respondent noted the puzzle on the table and yelled out, “Who left this puzzle out?” Student Mi. hid under a table in reaction to Respondent’s statement. Respondent came to the table, roughly grabbed student Mi., and pulled her out from under the table. Respondent led student Mi. to the table with the puzzle and yelled in front of the class: “I don’t know what your mother teaches you at home, but you’re a little, spoiled brat and I am not going to clean up after you.” Respondent then took student Mi.’s doll away from her and put her in time out for the remainder of the day, approximately 30 minutes. On another occasion, Respondent had the other members of the class imitate student Mi., after student Mi. had engaged in self-stimulatory behavior. The other students laughed at student Mi. In October 2011, Ms. Hudson discovered Respondent and student Mi. in Mr. Montalbano’s half of the classroom with the lights dimmed. Ms. Hudson thought student Mi. had been crying. Ms. Hudson reported the incident to her principal, but she did not question Respondent, nor did Respondent volunteer to Ms. Hudson an explanation of the circumstances that resulted in Respondent being in the darkened classroom with student Mi. At the formal hearing, Respondent explained that student Mi. had run into traffic while waiting to be transported from school. Respondent testified, credibly, that she was trying to calm down student Mi./6 Ms. Sorren testified, credibly, that during the short time she was in Respondent’s classroom (approximately three school days), she heard Respondent address the students as morons, monkeys, jungle monkeys, and animals. That testimony was consistent with the other testimony as to the language used by Respondent in her classroom. Petitioners established that Respondent repeatedly yelled at her students to “shut up,” described a student’s behavior as being “stupid,” and called at least one student a “brat.” Student Mo., a female on the autism spectrum, was new to Respondent’s class. On an unidentified date, Respondent directed student Mo. to go to timeout. After student Mo. refused to go to timeout, Respondent shoved student Mo. into the timeout area. During the 2010-2011 school year, Respondent became upset with student C., a female, and ordered her out of her classroom. When student C. talked back to Respondent, Respondent threw student C.’s backpack and her shoes over the chalkboard that divided the classroom. Ms. Knighton and her class were in the part of the classroom into which Respondent threw the objects. Student C. became very upset. Respondent became upset with Ma., a male student. Ma. had a snack on his desk. Respondent knocked the snack to the floor and smashed it with her foot. Petitioners established that Respondent engaged in a pattern of misconduct. Respondent’s effectiveness in the school system has been impaired.
Recommendation The following recommendations are based on the foregoing findings of fact and conclusions of law: As to Case No. 12-2859TTS, it is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the findings of fact and conclusions of law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order uphold the suspension without pay of Rhea Cohen’s employment and terminate that employment. As to Case No. 13-0704PL, it is RECOMMENDED that the Education Practices Commission enter a final order adopting the findings of fact and conclusions of law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order suspend Rhea Cohen’s educator’s certificate for a period of five years, to be followed by probation for three years with conditions to be set by the Education Practices Commission. DONE AND ENTERED this 12th day of July, 2013, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 12th day of July, 2013.
