The Issue Whether Respondent violated Subsections 231.28(1)(c), (f), and (i), Florida Statutes (1999), and Rule 6B-1.006(3)(a), (b), (e), and (f), Rule 6B-1.006(4)(a) and (b), Rule 6B-1.006 (5)(a), (c), (d), (e), (f), (o), and Rule 6B-1.001(1), (2), and (3), Florida Administrative Code, and, if so, what penalty should be imposed.
Findings Of Fact Mr. Jenkins holds a Florida Educator Certificate. At all times pertinent to this proceeding, he was employed as a physical education teacher at Pasedena Lakes Elementary School (Pasedena Lakes) in the Broward County School District, where he had been teaching for 15 years. Mr. Jenkins was a Master Steward for the teachers' union. He was also a member of the School Advisory Council (SAC) and was chair of the Safety and Discipline Committee, which is a part of SAC. Jill Wilson has been the principal at Pasedena Lakes for six years and has a total of 29 years of educational experience. The assistant principal at Pasedena Lakes is Charlene Hogan, who has been at Pasedena Lakes for five years and has a total of 28 years of experience in the field of education. On October 29, 1998, at approximately 5:00 p.m., Mr. Jenkins came to Ms. Wilson's office and yelled at her, accusing her of discrediting him and making things worse at the school. During this incident, Donna Blank, a former employee of Pasedena Lakes, was leaving the building and, through a window, observed Mr. Jenkins pounding on Ms. Wilson's desk and saying, "You're not my boss." Ms. Blank went to her car, but returned to the building because she felt that she could not leave Ms. Wilson alone in that situation. When Ms. Blank went to Ms. Wilson's office, Ms. Wilson was visibly shaken. Ms. Wilson felt intimidated by Mr. Jenkins and, as a result of the incident, issued a memorandum to Mr. Jenkins dated October 30, 1998. The memorandum outlined the events that had taken place in Ms. Wilson's office on October 29, 1998, advised Mr. Jenkins that his actions were inappropriate, and required him to schedule future meetings with her secretary so that she could have another staff member present when they met. Pasedena Lakes has about 900 elementary students. Parking was a problem at the school, as well as traffic congestion when parents dropped off students in the mornings. Parents would park in the teachers' parking spaces, and there would be disruptions in the flow of traffic when the parents would take time to dole out lunch money, dress the children, say farewells, and otherwise take up additional time as they were dropping off the students. Mr. Jenkins volunteered to help direct traffic in the mornings in order to reduce the congestion in the parking lots. His mode of directing traffic was more aggressive than the methods that had been used previously by the other teachers. Mr. Jenkins used a bull horn to shout at the parents to move the traffic along and to tell them to kiss their kids at home and not at school. At first his efforts were commendable, but he began to become frustrated with the job. Mr. Jenkins would yell at the parents and the students, upsetting both the parents and the students. On one occasion while on traffic duty, Mr. Jenkins, using his bullhorn, called another teacher "Deadwood," belittling her in front of students, parents, and other staff members. Sometime during the fall of 1999, Patricia Lewis was bringing her two children to the school. Ms. Lewis needed to talk to one of her children's teachers, so she dropped her children off and told them to wait for her while she parked the car. While she was parking the car, Mr. Jenkins yelled at her children, "You little monkeys, hurry up and get back to class." Ms. Lewis, a Haitian-American, was upset at his remarks and confronted him. She told Mr. Jenkins, "My kids have a name. You do not call them that." Mr. Jenkins replied, "If you don't like it, go get a lawyer, and my lawyer will win." Visibly upset, Ms. Lewis went to the school administration's office and asked to speak to the principal. She talked with Ms. Wilson and explained what had happened in the parking area. Ms. Wilson assured her that she would take care of the matter and talk to Mr. Jenkins. Ms. Lewis left the office and went to find her child's teacher to talk with her as originally planned. She ran into Mr. Jenkins in the hallway. Mr. Jenkins said, "Oh, you're the one who went to the principal." Ms. Lewis told him that she did not want to talk with him and turned away. Mr. Jenkins began to yell at her, and she went back to the office in tears. When she got to the principal's office, Ms. Lewis was loud and upset. Again Ms. Wilson calmed her down. In the fall of 1999, the Safety and Discipline Committee had concerns over the traffic problems at Pasedena Lakes and over unauthorized visitors on campus. A meeting of SAC was scheduled for November 9, 1999, to discuss these issues. The Safety and Discipline Committee met and drafted a letter which was to be sent to the parents asking them to come to the meeting and outlining the concerns which would be discussed. Ms. Hogan was on the Safety and Discipline Committee, and she edited the draft letter with input from other committee members so that the letter would fit on one sheet of paper. Mr. Jenkins was not happy with the edited version, but he did not tell Hogan of his displeasure at the time the letter was rewritten. Mr. Jenkins helped distribute the letter to the parents in the parking lot. Alice Lacy, a teacher at Pasedena Lakes, was the chair of SAC, and Hogan was co-chair. On November 1, 1999, Mr. Jenkins told Ms. Lacy that he wanted to have a meeting prior to the SAC meeting scheduled for November 9, 1999, in order to get the teachers to form a coalition and come to the November 9 meeting to support him. As chair of SAC, Lacy told Mr. Jenkins that it would be better to send a memorandum to the teachers rather than schedule a separate meeting. Later on the same day, Mr. Jenkins told Ms. Lacy that he was demanding that the teachers come to the November 9 SAC meeting. He became angry with Ms. Lacy and told her that it was a personal issue and that the teachers owed it to him. He stormed away from Ms. Lacy. Ms. Lacy became concerned about the November 9 SAC meeting and felt that Mr. Jenkins should clarify his intentions prior to the meeting. She sent Mr. Jenkins a memorandum, requesting that he provide her with an agenda by November 5. Mr. Jenkins did not supply an agenda. Ms. Lacy heard him yelling at teachers outside her classroom on November 5, but did not know what he was discussing with the teachers. Ms. Lacy became concerned and sent a memorandum dated November 5, 1999, to Ms. Wilson and Ms. Hogan, urging that the November 9 SAC meeting be postponed until the issues involving Mr. Jenkins could be resolved. The administration met with Mr. Jenkins, and Ms. Lacy was assured that Mr. Jenkins understood that the SAC meeting would be under Ms. Lacy's direction, the agenda would be followed, and the meeting would take place in the media center. When Ms. Lacy went to the media center on the evening of November 9, 1999, she found that the media center was locked and that Mr. Jenkins was setting up the meeting in the cafeteria, where he could have teachers sit on stage with him to lend him support. Lacy confronted Mr. Jenkins and told him that the meeting would take place in the media center as planned. Mr. Jenkins shook his finger at Ms. Lacy and told her that she was making a big mistake. When Ms. Lacy was calling the meeting to order, Mr. Jenkins called out of turn and said, "I motion to move this meeting to the cafeteria." Ms. Lacy called Mr. Jenkins out of order. There was a large turn-out for the SAC meeting, and it was agreed that each speaker would be limited to two minutes. When Mr. Jenkins began to make his presentation for the Safety and Discipline Committee, Ms. Lacy felt that he was unprepared and was improvising. Several times Mr. Jenkins spoke and went over his two-minute limit. When he did, Ms. Lacy would cut him off and go on to the next speaker. After this happened three times, Susie Ruder, a teacher at Pasedena Lakes, sent a note to Ms. Lacy, telling Ms. Lacy that she felt Ms. Lacy was being rude to Mr. Jenkins. After Ms. Lacy received the note, she gave Mr. Jenkins more time to speak. The day after the meeting, Mr. Jenkins ran into Ms. Hogan and Cathy Greenspan, a reading resource specialist at Pasedena Lakes, on the school campus. Mr. Jenkins shook Ms. Hogan's hand and commented that the SAC meeting had been a good meeting. Approximately ten minutes later, Mr. Jenkins went to Ms. Wilson's office. He was wearing shorts, a shirt, and a fanny pack. His purpose for the visit was to discuss sending flyers to parents advising them of the decision of SAC to require parents to obtain a visitor's pass to come on the school campus. Ms. Wilson told him that the passes had been ordered but had not arrived and that she did not want the flyers to be sent until the passes had arrived. Mr. Jenkins shifted the conversation and told Ms. Wilson that she was responsible for the rumor mill around school and accused her of changing a letter that had been written by the Safety and Discipline Committee in October to advise the parents of the November 9 SAC meeting. Mr. Jenkins said the letter that went home to the parents was not the letter the Safety and Discipline Committee had agreed upon. Ms. Wilson did not know about the changes to the letter and called Ms. Hogan to come into the office to discuss the letter. Ms. Hogan brought in the disc on which the letter had been saved, and they viewed it on the computer. Mr. Jenkins again shifted the conversation to the November 9 meeting and held Ms. Wilson responsible for the rudeness he felt Ms. Lacy displayed at the SAC meeting. Mr. Jenkins then shifted the discussion again and wanted the South Area Office to look into what Ms. Wilson's role was on SAC. Mr. Jenkins started to yell and point his finger in Ms. Wilson's face. His face got red, and his voice became louder. He told Ms. Wilson that she would be in charge of damage control. Ms. Hogan told him not to point his finger at Ms. Wilson. Mr. Jenkins turned to Ms. Hogan and said, "I've got an attorney, I've got the union, and I've got a gun." Both Ms. Wilson and Ms. Hogan asked Mr. Jenkins what he said. He replied that he did not know what he said and that he had been interrupted. Either Ms. Wilson or Ms. Hogan told him that he had said, "I've got a gun." Mr. Jenkins became flustered and walked out of the office. Both Ms. Wilson and Ms. Hogan were shocked by Mr. Jenkins' outburst. Neither woman could tell whether Mr. Jenkins actually had a gun in his fanny pack. A conference room was located next to Ms. Wilson's office. Cathy Greenspan, Donna Blank, and Barbara Perkins were in the conference room when Mr. Jenkins was meeting with Ms. Wilson and Ms. Hogan. Both Ms. Blank and Ms. Perkins heard Mr. Jenkins say the word, "gun." Ms. Greenspan heard Mr. Jenkins say, "I've got a gun." After Mr. Jenkins left the administration office, Ms. Hogan called the Special Investigative Unit (SIU), which is the school police, and requested assistance. Investigator Evelyn McCabe came to the school. Ms. Hogan was afraid of what Mr. Jenkins might do and locked herself in her office until Inspector McCabe arrived. Mr. Jenkins returned to the administration office with Sydna Satterfield, a teacher at Pasedena Lakes and a friend of Mr. Jenkins. Mr. Jenkins, Ms. Satterfield, Investigator McCabe, Ms. Wilson, and Ms. Hogan went into to Ms. Wilson's office. A few minutes later Susie Ruder, another teacher and friend of Mr. Jenkins, joined them. Mr. Jenkins denied saying that he had a gun and then stated that he did not know what he said. He threw his keys on Ms. Wilson's desk and asked to be transferred to an "F" school. He walked out of the office but returned and said that he wanted an investigation. Ms. Wilson told him to think about whether he wanted an investigation or wanted to work out things. She advised him that she was willing to work with him on their problems. Mr. Jenkins said he did not know what he said, but apologized for whatever he had said. Mr. Jenkins and Ms. Wilson hugged, and they agreed to try to work together. That evening and the next morning, Ms. Wilson received calls from staff members who feared for their safety and the safety of their children as a result of the incident with Mr. Jenkins. Ms. Wilson began to think about what had happened and the complaints from staff. She also saw an article in the newspaper concerning a colleague who had not contacted authorities concerning an incident that had happened at his school and had tried to resolve the situation by himself. She felt she had to get assistance. Ms. Wilson called Bruce Wagar, who is in charge of professional standards. He advised her to file a complaint with SIU, which resulted in an investigation. As part of the investigation, Mr. Jenkins underwent a psychological evaluation in April 2000 by Dr. Joel Kimmel. The evaluation report stated: Personality tests and behavioral observations indicate that Mr. Jenkins is a frustrated individual who believes he is being prevented from doing his job. His responses to the personality tests indicate that he tends to define his identity based upon his position and derives a lot of satisfaction from his job. He enjoys working with students and motivating them to achieve their potential. He likes the status and recognition he receives from his position and may have a lonely life outside his job. He also appears to be somewhat incompetent, or inefficient. When frustrated, he can escalate and demand his way. However, there are no signs of any violent behaviors in any of his responses suggesting that he probably will not act out when frustrated. He does believe in the benefit of talking things out. However, he does want to do things his way and may not respect others if they disagree with him. He also does appear to have some boundary issues in terms of not understanding where his authority ends and being able to accept the authority of others. His greatest fear is that of failure and losing his job which could represent a failure for him. His provisional diagnosis would be Adjustment Disorder with Mixed Emotional Features (DSM IV 309.28). It is highly recommended that Mr. Jenkins participate in sensitivity training and interpersonal relationship programs in order to develop his capacity to tolerate others' viewpoints as well as decrease his frustration. A stress reduction program would also be helpful in improving his ability to control his frustration and developing more patience. Meetings between he [sic], his principal, and a counselor may be of assistance in improving their relationship. Mr. Jenkins has demonstrated inappropriate behavior on different occasions involving his students. He showed his paycheck to a first grade class and asked them if that was not a lot of money. Another time, he read an article from a newspaper to a kindergarten swim safety class about a student who had drowned and told the class that they could drown. Mr. Jenkins left his physical education class outdoors unattended when their regular classroom teacher failed to pick them up on time. On November 17, 1999, Ms. Wilson inadvertently referred to Mr. Jenkins during a morning announcement as Thomas Wilson rather than Thomas Jenkins. Mr. Jenkins and his wife composed a letter to show how one word could be misconstrued. The letter, which Mr. Jenkins referred to as a private joke, stated that Mr. Jenkins thinks that Ms. Wilson fantasizes about him being her husband, that she wants his body, that Ms. Wilson was a "horny lady," and that she might lose control and have sex with him. Mr. Jenkins' wife shared the letter, which Mr. Jenkins called a "nothing" letter, with other employees of Pasedena Lakes. Both teachers and parents testified that they were fearful of Mr. Jenkins based on his past conduct and that he had created a hostile work environment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Thomas Jenkins violated Subsections 231.28(1)(c), (f), and (i), Florida Statutes (1999), and Rule 6B-1.001(1), (2), and (3), Rule 6B-1.006(3)(a), and (e), Rule 6B-1.006(4)(a), and Rules 6B-1.006(5)(d),(e) and (o), Florida Administrative Code; finding that Thomas Jenkins did not violate Rule 6B-1.006(3)(b) and (f), Rule 6B-1.006(4)(b), and Rule 6B- 1.006(5) (a), (c), and (f), Florida Administrative Code; suspending Thomas Jenkins' teaching certificate for 60 days followed by a probation period of three years; requiring that Thomas Jenkins take courses in professional responsibility, improving interpersonal communication skills, and sensitivity training; requiring Thomas Jenkins to have periodic psychological evaluations prior to and after returning to work; and requiring Thomas Jenkins to have a fitness-for-duty examination. DONE AND ENTERED this 30th day of March, 2001, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 30th day of March, 2001. COPIES FURNISHED: Randy A. Fleischer, Esquire 4801 University Drive, Suite 3070 Davie, Florida 33328 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 James A. Robinson, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Dr. Frank L. Till, Jr., Superintendent Broward County School Board 600 Southeast Third Avenue Fort Lauderdale, Florida 33301-3125
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.162(8) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Administrative Complaint, dated September 20, 1993, which alleged that Respondent has seriously reduced his effectiveness as an employee of the School Board of Orange County, Florida; violated the provisions of law or the rules of the State Board of Education; failed to make a reasonable effort to protect students from conditions harmful to learning or to their health or safety; intentionally exposed students to unnecessary embarrassment or disparagement; and exploited a professional relationship with a student for personal gain or advantage, in violation of Section 231.28, Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rules 6B- and 6B-1.006, Florida Administrative Code.
Findings Of Fact Respondent is a 39-year old male who was born in Puerto Rico and moved to Florida in February 1992. Respondent is of Hispanic origin. His first language is Spanish and his second language is English. Respondent is married and has four children. Respondent holds Florida teaching certificate #695322, covering the area of art, which was valid through June 30, 1993. During the 1992-1993 school year, Respondent was employed as an art teacher at Ridgewood Park Elementary School, in the Orange County School District. Respondent began his employment at that school in August 1992. Respondent is a very demonstrative, expressive person. He regularly rewarded his students for good effort or a job well done with verbal affirmations, pats on the back or head, hugs, and, occasionally with the girls, a kiss on the forehead or cheek. In the fall semester of 1992, Respondent elicited the services of four or five children in his classes to help clean up his classroom, both before and after the school day. They were asked to pick up, clean and sweep the room. Jodi Witmer was one of the students who regularly volunteered her services to help in Respondent's classroom. Jodi Witmer is a female child who was nine years old during the relevant time period. During 1992-1993 school year, Witmer was a fourth grade student at Ridgewood Park Elementary School and was in Respondent's art class. Because Witmer helped out regularly in Respondent's classroom, performing such duties as sweeping and sorting papers, she received pats and hugs regularly from Respondent. Respondent also kissed her on the forehead and cheek, at least a couple of times for her efforts. Witmer testified that Respondent did not touch her or attempt to touch her in any way other than by giving her hugs or pats. Witmer also denied that Respondent attempted to have Witmer touch him in any inappropriate way. Specifically, she denied that Respondent tried to put his or her hand on his pants and touch his penis, as alleged in the administrative complaint. Autumn Smith is a female child who was nine years old during the relevant time period. During the 1992-1993 school year, Smith was a fourth grade student at Ridgewood Park Elementary School and was in Respondent's art class. Respondent hummed the song, "Autumn of My Dreams" when Smith walked by on two or three occasions. This made her feel uncomfortable or "weird." Respondent did not grab Smith by the buttocks. Chrystal Brown is a female child who was nine years old during the relevant time period. During the 1992-1993 school year, Brown was a fourth grade student as Ridgewood Park Elementary School and was in Respondent's art class. On one or two occasions, Brown and a friend asked if they could help Respondent clean up his classroom after school. Respondent gave permission for them to help clean up after school. On one occasion, while Brown and a friend were working in the back of the class and Respondent was at his desk, Respondent saw the girls dancing. He asked them what they were doing. They responded that they were "dancing nasty." Respondent told them to stop and they did. Brown later stated to school authorities that Respondent had asked them to "dance nasty" for him. This statement was not accurate. In December, 1992, rumors began circulating by some students that Respondent had kissed or "raped" some girl in his class. These rumors eventually came to the attention of other teachers in the school and they were reported to the school administration. In December 1992, the principal of Ridgewood Park Elementary School, Donna Smith, reported the alleged incidents of improper conduct against Respondent, as are described in the Administrative Complaint, to law enforcement, HRS and the School District. Respondent was arrested and relieved of duty with pay, and an investigation was undertaken by the School System, HRS and law enforcement. An information was not filed against Respondent concerning these charges. However, extensive pre-trial publicity was generated in the local news media about this case. On March 10, 1993, Respondent and the School System entered a settlement and release agreement. On April 22, 1993, Respondent resigned. Subsequent to the events set forth above and following his resignation, Respondent let his teaching certificate expire and moved with his family back to Puerto Rico.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent, Elvin Gonzalez, did not violate the provisions of Sections 231.28(1)(f) or (i), Florida Statutes, or Rules 6B-1.006(3)(a), (e) or (h), Florida Administrative Code. It is further RECOMMENDED that a Final Order be issued DISMISSING all charges against Respondent for the above violations. DONE AND ENTERED this 13th day of January, 1995, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of January, 1995. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3 (but is irrelevant), 4 (irrelevant), 5 (irrelevant), 6 (irrelevant), 7, 8, 9, 10, 11, 12, 13, 17, 19 (but subsumed), 20, 21 (in part), 22 (in part), 26 (irrelevant). Rejected as against the greater weight of credible evidence: paragraphs 14, 15, 16, 18, 21 (in part), 22 (in part), 23, 24, 25, 27. Respondent's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 7, 8, 9 (in part), 11, 12, 21, 22, 24, 29, 45, 46, 51, 52 (irrelevant) 54 (irrelevant), 57, 59 (irrelevant). Rejected as irrelevant, immaterial, subsumed, or a comment on the testimony of a witness: paragraphs 6, 9 (in part), 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 48, 49, 50, 53, 55, 56, 58, 59 (in part). Rejected as against greater weight of credible evidence: paragraph 47. COPIES FURNISHED: Robert J. Boyd, Esquire 2121 Killearney Way Suite G Tallahassee, Florida 32308 Joseph Egan, Jr., Esquire P. O. Box 2231 Orlando, Florida 32802 Karen Barr Wilde Executive Director 301 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 Barbara J. Staros General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact At all times relevant hereto James E. Wilkins, Jr. was a continuing contract teacher employed by the Pinellas County School Board. He has been employed in the field of education since 1950 and has been employed by the Pinellas County School Board since 1964. During the school year 1983-84 Wilkins was employed as a guidance counselor at Tarpon Springs Middle School. During the school year 1984-85 Wilkins was employed as a biology teacher at Tarpon Springs High School. While serving as counselor at Tarpon Springs Middle School several girls in the sixth grade came to Wilkins for assistance in deterring one of their classmates from pilfering makeup and shoes from their lockers. They had previously gone to another counselor for help in the matter but she had declined to intervene. They were sitting in Wilkins' office with the suspected culprit. After listening to part of the girl's complaints and in order to assure accuracy in recreating the proceedings, if necessary, Wilkins took out his tape recorder, placed it on his desk, asked the girls if they objected to having the conversation taped and after receiving no objection turned on the tape recorder. Wilkins testified that he asked the girls as a group if they objected to their statements being recorded and no one objected. One of the students present confirmed that Wilkins, during the course of their discussion, took his tape recorder out of his desk and asked them if they had any objection to having their comments taped. All said no. Later the suspected culprit went to another counselor and complained that she was afraid she was going to get beat up and that Wilkins had tape recorded the meeting without her permission. During the investigation which followed Wilkins acknowledged that he had in fact tape recorded the session after asking them if anyone objected. He did not poll the students to ask each one individually if she objected to the tape recorder. All were aware the conversation was being taped. Harry Danielson, Supervisor of guidance, Pinellas County School System, also questioned Respondent regarding the taping incident. Danielson's testimony that Respondent admitted to him that he taped the girls without their permission was explained by Respondent as a misunderstanding on his part as he thought Danielson asked if he had obtained written permission to tape the conversation. Danielson testified that the code of ethics of the counseling profession proscribes taping students without their knowledge or permission and that counselors are usually advised to get permission in writing before taping students. Danielson also opined that a counselor should not become involved in investigating a theft. This incident constitutes a part of the letter of reprimand issued by the superintendent on November 20, 1984. While at Tarpon Springs Middle School, Wilkins hung on the wall of his office a Ph.D. diploma from Loyola University of Paris, France. Earlier Wilkins had heard that he could perhaps obtain such a degree and did not see this university listed as a diploma mill and as not accredited. He forwarded to Loyola University transcripts of all courses he had taken including more than sixty hours of courses he had completed subsequent to completing his master's degree. These curricula were "evaluated" by Loyola University and Wilkins was issued a Ph.D. degree. He presented the information to the school board clerk handling post graduate records for Pinellas County teachers and requested the information be sent to the Department of Education in Tallahassee for evaluation. The Department advised that Loyola was not recognized as an accredited school and the degree would not be recognized by the Department. Respondent took no further action but to ask the clerk if the transcripts submitted to Loyola should be removed from his personnel file. She told him that would not he necessary. Subsequently the principal at Tarpon Springs Middle School saw the diploma on Mr. Wilkins' office, checked some information that he had that described Loyola University of Paris as a diploma mill and reported the "spurious" diploma to Nancy Zambito, Director of Personnel Services, Pinellas County School Board. Ms. Zambito questioned Respondent about the degree. He readily acknowledged that he had not taken any courses at Loyola and the degree was issued based on transcripts he had sent to Loyola for evaluation. Ms. Zambito on May 31, 1984, issued Wilkins a letter of reprimand (Exhibit 1) for unethical behavior and poor judgment. This incident also constituted a ground for the reprimand issued to Respondent by the Pinellas County Superintendent of Schools on November 20, 1984 (Exhibit 4), and as one of the charges in the suspension letter dated June 25, 1985. James Gregory, principal at Tarpon Springs Middle School 1983-84, gave Respondent a less than satisfactory evaluation in two areas as a result of the taping of the meeting with the students and for obtaining the diploma from Loyola University. At the close of this school year Gregory recommended that Respondent be removed from a counseling position and returned to the classroom as a teacher. As a result of this recommendation Respondent was transferred to Tarpon Springs High School as a biology teacher for the 1984-85 school year. Gregory opined that investigating theft is not part of the duties of a counselor but belongs solely in the realm of the administrative assistants. (TR. p. 19 Vol. I) During school year 1984-85 Leroy Birch was sitting next to the projector in Respondent's class when slides were being shown. Someone had smeared one of the slides and Birch and others were laughing. Birch was not sitting fully in his seat. Respondent thought Birch had smeared the slides and put his hand on Birch's shoulder to push him back down in his seat. Birch told Respondent to "take his god damn hand off my shoulder." Respondent, when questioned by administrative personnel about this incident, acknowledged that he had placed his hand on Birch's shoulder near a "pressure point" but that he did not squeeze the pressure point. Birch testified to no numbness or pain resulting from a squeezing of the pressure point. Birch further testified that Respondent had disciplined him and that he hated Wilkins when he was disciplined. Birch was one of many who testified Respondent used "damn" and "hell" in class more than other teachers. Ann Marie Levy was a student in Respondent's class in 1984-85 school year. She was copying notes from the overhead as she was supposed to be doing when Respondent slapped her on the shoulder to get her attention when he thought she was writing a note to a classmate. Ann Marie was more surprised than hurt by this incident which was observed by others in the class. Respondent has no recollection of striking Ann Marie but, if he did, it was accidental when he was trying to get her attention and not as a punishment nor intended as a punishment. This incident was the other striking episode referred to in Exhibit Ann Marie also testified that she never liked Respondent and that he expected a lot from his students. Ronald Cohalla was in Respondent's class last year (1984-85) and testified that while he was talking to another student Respondent told him if he didn't be quiet he would "deck him". Ron also testified that Respondent threw an eraser at him twice and that Respondent used curse words more than other teachers. During both of these eraser "throws" Ron was sitting at his desk in the front row some four or five feet from Respondent and talking to another student. On neither throw did the eraser get beyond Respondent's desk. Respondent denies ever telling Cohalla he would deck him if he didn't be quiet. Respondent is 6'1" tall and weighs 350 pounds. He was once a wrestling coach and is obviously well coordinated for a man his size. Had he attempted to throw an eraser at Cohalla, it is quite certain he could have hit Cohalla from a distance of four feet. The same credence, none, is given to Cohalla's testimony that Respondent threatened to deck him as is given to the testimony that Respondent threw an eraser at Cohalla. Several witnesses testified that Respondent had called them stupid. On cross examination these students testified that in response to a question Respondent frequently said "that's a stupid question." Respondent denies ever calling a student stupid. Many of the witnesses called by Petitioner testified that Respondent used "damn" and "hell" more than other teachers in class, that he was short in patience and frequently raised his voice in class. Many considered him a strict and demanding teacher. Respondent acknowledged that he often raised his voice to quiet down an unruly or a noisy class but did not consider this to be different than other teacher's reactions to noisy classes. Amy Levinson, who thinks Respondent is not a good teacher acknowledged that when Respondent raised his voice in class it was because the class was unruly. Use of the words "hell" and "jackass" by Respondent in class was one of the charges in Exhibit 4. No evidence was presented that Respondent used the word "jackass" in class. During the 1984-85 school year while Respondent was teaching biology at Tarpon Springs High School, Kirsten Kissinger testified she was embarrassed by Respondent once when she had stomach cramps. She asked Respondent if she could go to the bathroom then changed her mind and asked if she could go to the clinic. Respondent asked her why and she told him she had cramps. Respondent asked her to repeat her reason which she did. Kristen felt embarrassed by having to repeat her reason and thought other students were laughing at her. Another student in the class with Kristen, Stephanie Salsgiven, has no recollection of the incident in which Kristen states she was embarrassed. Respondent has been teaching middle grade and high school girls in Pinellas County Schools for more than twenty years. His testimony that anytime a girl tells him she has cramps she automatically gets permission to leave the class is more creditable than is testimony that Respondent would intentionally embarrass a female student. During a biology class at Tarpon Springs High School a discussion about mammary glands was held and one girl asked what Respondent had said. Two witnesses testified they overheard Respondent reply to this question "mammary glands -- I hope you develop some soon." The student to whom this comment was allegedly made did not appear as a witness and Respondent denies ever making such a statement to one of his students. One of these accusing witnesses also testified that Respondent had responded to a black male in the class and in a remark to him Respondent referred to the black's flat nose. John Thompson, the person referred to, testified that no such incident occurred. Once during one of Respondent's classes one student, apparently trying to be facetious, asked Respondent what obese meant. Respondent patted his stomach and replied that is what I am as are a few others in the class. Cynthia Shindler testified that Respondent specifically named her and John Thompson as obese people -- much to her embarrassment. John Thompson testified Respondent did not refer to him by name as obese. Respondent denies referring to anyone other than himself as being obese. No evidence was submitted that Respondent ever sent students on errands with unopen notes about other students or that the taping incident involved another teacher as alleged in the dismissal letter. On one occasion while passing down the corridor at Tarpon Springs High School, as Respondent passed an area known as "Greek corner" he heard someone call out in a loud voice "fat ass." Respondent did not stop. When Respondent returned a few minutes later he stopped near Greek corner to talk to a student in one of his classes. He again heard someone call out "fat ass" and, from the tone of the voice suspected Philip Stavrakis who was in the group. When Respondent called Phillip aside to admonish him Philip became very abusive and disrespectful. Respondent took Philip to the office for discipline. When he arrived he was unable to find anyone in the Dean's office to take Philip. Respondent told Philip to sit down while he looked for a dean. Philip sat on a table instead of the chair indicated and continued his harangue with Respondent. Unfortunately Respondent had also become very angry at the disrespect and abuse he was receiving from Philip and also raised his voice trying to get Philip to do as he was told. Dr. Van Fleet heard the commotion outside and emerged from behind the closed door of her office to see Respondent and Philip facing each other near the table and yelling loudly. She moved between them and told Respondent she would take over and Respondent departed. Philip contended he was not the one who had called Respondent "fat ass" and resented being so accused. Philip Stavrakis told Respondent he would get Respondent in trouble.
The Issue Whether Respondent violated sections 1012.795(1)(c), (g) and (j), Florida Statutes (2010),1/ and Florida Administrative Code Rule 6B-1.006(3)(a), as alleged in the Administrative Complaint, and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ferrier holds Florida Educator’s Certificate 864022, covering the areas of educational leadership, elementary education, and middle grades integrated curriculum, which is valid through June 30, 2012. At all times pertinent to this case, Mr. Ferrier was employed as a teacher at either Pinellas Park Middle School (Pinellas Park) or Seminole Middle School (Seminole) in the Pinellas County School District (School District). Petitioner, Dr. Eric Smith, at all times pertinent to this case, is acting as the Florida Commissioner of Education, pursuant to his authority in section 1012.796(6). Mr. Ferrier began teaching at Pinellas Park in the 2006- 2007 school year. The record shows by clear and convincing evidence that Mr. Ferrier’s performance during the three school years, 2006-2007, 2007-2008, and 2008-2009, was characterized by a lack of organization, failure to effectively communicate with parents and students, failure to provide students with grades and collect school work, and discord. Ms. Gorman, an assistant principal for Pinellas Park, was Mr. Ferrier’s immediate supervisor. She evaluated Mr. Ferrier’s performance for the three years that he taught at Pinellas Park. Ms. Gorman’s first evaluation of Mr. Ferrier for the 2006-2007 school year shows that he earned a score of "1" which indicates Mr. Ferrier was satisfactory. A rating less than level "1" is deemed unsatisfactory. Further, the 2006-2007 evaluation shows that Ms. Gorman expected Mr. Ferrier to make progress in 11 out of 23 areas she assessed in the evaluation. The evaluation form contained 25 areas for assessment. Mr. Ferrier’s evaluation shows that Ms. Gorman left two assessment areas blank. For the 2007-2008 school year, Ms. Gorman rated Mr. Ferrier at a level "2" with progress expected in 10 of the 25 areas assessed. Mr. Ferrier’s 2007-2008 evaluation showed that he was satisfactory. For the 2008-2009 school year, Ms. Gorman rated Mr. Ferrier as not meeting the minimum expectations for teaching. Out of the 25 measured categories, Ms. Gorman rated Mr. Ferrier as not meeting expectation in 17 categories. Mr. Ferrier failed to meet expectations for subject knowledge; instructional method; respect for students, parents, and colleagues; engaging students; and use of technology in the classroom. Mr. Ferrier’s tenure at Pinellas Park was also characterized by repeated failures to answer calls made by parents, disorganization, poor attendance at meetings, arriving to school and classes late, and not acting as a professional in dealing with colleagues. Ms. Witcher, the Pinellas Park principal, provided credible testimony showing Mr. Ferrier’s disorganization and propensity for arriving late to school. For example, in the 2008-2009 school year, on the first day of school for returning teachers, Mr. Ferrier arrived at noon as opposed to 8:30 a.m. When asked by Ms. Witcher why he was late, Mr. Ferrier explained that he did not know that school began on that date. Mr. Ferrier’s tardiness was indicative of his behavior. Ms. Witcher clearly testified that on a "few occasions during the first and second year . . . he was so tardy, I had to go down and open the classroom door, let the kids in and wait for him." The record clearly also shows that Mr. Ferrier failed to be responsive to parent concerns about their children. Ms. Northcutt, the guidance counselor for Pinellas Park, provided credible testimony showing that Mr. Ferrier failed to return parent phone calls, failed to attend parent-teacher meetings, and, if Mr. Ferrier did attend the meeting, he was disorganized and unprepared. The frequency of parents calling Ms. Northcutt to ask Mr. Ferrier to contact them became so great that she "felt almost like a personal secretary to Mr. Ferrier," asking him to return phone calls. In addition to being unresponsive to phone calls, the record clearly shows, through Ms. Northcutt’s testimony and e-mails admitted into evidence, that Mr. Ferrier either failed to show up for parent-teacher conferences, or was late and unprepared if he did attend the conference. Parents would contact Ms. Northcutt in her capacity as the guidance counselor because the parents had concerns about Mr. Ferrier’s teaching and grading. Mr. Ferrier would routinely fail to timely enter grades of assignments into the computer system so that parents could check their child’s progress. The record clearly shows that Mr. Ferrier lacked insight into his professional shortcomings. The record clearly showed that Mr. Ferrier was offered assistance to help him become an organized and effective teacher, but failed to avail himself of the assistance. Further, Mr. Ferrier objected to Ms. Witcher’s direction that he not coach the volleyball team and concentrate on teaching. In response to this directive, Mr. Ferrier encouraged parents of the volleyball players to contact Ms. Witcher to change her decision. The record also shows that, during Mr. Ferrier’s tenure at Pinellas Park, he did not act as a professional in dealing with colleagues. This finding is based on the events concerning Mr. Ferrier’s placement on administrative leave while the School District investigated him for bullying a co-worker, and his subsequent action after returning from administrative leave. Ms. Northcutt credibly testified that, based on Mr. Ferrier’s repeated failures to either attend parent-teacher conferences or be on time for them, she began to document these actions and inform Ms. Witcher. At one parent-teacher conference, Ms. Northcutt noted that Mr. Ferrier arrived late, although the parents had not yet arrived. Mr. Ferrier told Ms. Northcutt to note that he had arrived on time, which she replied that he was still late. Two other teachers, who were to attend the conference, also arrived late. One of the teachers had permission due to a conflict, and the other teacher arrived after attending another conference. Mr. Ferrier demanded that Ms. Northcutt report the two teachers as late. Ms. Northcutt credibly testified that she felt threatened and intimidated by Mr. Ferrier’s confrontational behavior. She reported the incident to Ms. Witcher, who referred the incident to the School District, and an investigation was begun. The School District placed Mr. Ferrier on administrative leave, and Ms. Witcher informed Mr. Ferrier that he was to leave the campus quietly. As Mr. Ferrier was leaving the campus, he told everyone that he encountered that he was accused of bullying and that he would return. Ms. Witcher felt that Mr. Ferrier’s actions were divisive and sought to undermine her new administration at the school. When Mr. Ferrier returned to the school from the administrative leave, Mr. Lott, the School District’s administrator for the Office of Professional Standards, informed Mr. Ferrier to be very careful in his interactions with Ms. Northcutt. Within two days of his return, Mr. Ferrier sent all of the Pinellas Park personnel an e-mail stating that he had been wrongly accused of bullying and that he had been exonerated. Mr. Lott found this action to be inappropriate and a continuation of Mr. Ferrier’s efforts to bully Ms. Northcutt. Consequently, based on this action, Mr. Ferrier received a written reprimand and was involuntarily transferred from Pinellas Park to Seminole. The purpose of transferring Mr. Ferrier to Seminole was to provide him with a fresh start. Unfortunately, the record clearly shows that Mr. Ferrier’s short tenure at Seminole was again characterized by ineffective teaching, lack of knowledge of materials he was expected to teach, lack of communication with parents, tardiness, and failure to follow directions to become an effective teacher. Mr. Lechner, the principal at Seminole, assigned Mr. Ferrier to teach regular science classes and three advanced honor science classes. The parents at Seminole are actively involved in their children’s education. Thus, many of Mr. Ferrier’s short-comings were quickly brought to the attention of Mr. Lechner. The record shows that Mr. Lechner was pro-active in assessing Mr. Ferrier’s teaching, offering Mr. Ferrier assistance to become an effective teacher, and ultimately removing Mr. Ferrier from the classroom. The record clearly shows that Mr. Ferrier failed to carry out his duties as a teacher. Specifically, the evidence clearly showed the following instances: Mr. Ferrier was disorganized in the classroom. Mr. Ferrier’s disorganization in the classroom was apparent from the very beginning of his tenure at Seminole. During an open house for parents, Mr. Ferrier, in addressing parents of honor students, did not have a syllabus for the class, pointed out text books that he stated the class probably would not use, and discussed at length discipline issues with the parents. The record shows, however, that honor students typically did not cause discipline problems. Mr. Ferrier’s disorganization quickly led students to becoming frustrated in the classroom and parents complaining to Mr. Lechner. Further, this disorganization was reflected in Mr. Ferrier’s losing assignments, failing to properly log grades into the school computer system so that parents could access the grades, and losing test results. Mr. Ferrier’s disorganization in the classroom was further documented by Mr. Lechner, who placed Mr. Ferrier on a Professional Service Contract Probation for 90 days during the school year, beginning on September 28, 2009. Mr. Lechner conducted personal observations of Mr. Ferrier’s instruction and found it disorganized, confusing, and resulting in students becoming frustrated. Mr. Lechner gave Mr. Ferrier specific instructions on how to improve his teaching, but Mr. Ferrier failed to follow the instructions. Mr. Ferrier continued to be tardy to class and miss important faculty meetings. The record shows through Mr. Lechner’s testimony that Mr. Ferrier missed the teachers’ mandatory first professional learning community meeting. Although Mr. Lechner could not remember the reason that Mr. Ferrier gave for missing the meeting, Mr. Lechner testified that Mr. Ferrier "always had an excuse." Based on Mr. Lechner’s answer, it was clear that Mr. Ferrier made excuses for his failures, as opposed to acknowledging his mistakes. The record further showed that Mr. Ferrier’s tardiness often would extend into the day. The testimony showed that Mr. Ferrier would leave campus and return from lunch 15 minutes late, thus, delaying instruction. As a result of Mr. Ferrier’s habitual tardiness, Mr. Lechner required Mr. Ferrier to use a sign-in and sign-out log. Mr. Ferrier used ineffective instructional methods and did not have a grasp of the material that he was to teach. The parents and students, who testified, were unanimous in their consensus that Mr. Ferrier failed to teach anything. Mr. Ferrier’s failure to teach resulted in one student having to "steal" one of the text books that Mr. Ferrier was not using and teach herself physical science. Further, the testimony was clear that, after Mr. Ferrier was relieved of his teaching duties, the students had to "cram" a year’s worth of science into half a school year. In essence, Mr. Ferrier cheated the students out of an education. The conclusion that Mr. Ferrier used ineffective instructional methods and did not have a grasp of the material that he was to teach is supported by the testimony of Ms. Lamy and Mr. Lechner. The record clearly showed that Mr. Ferrier used "bell work" for a significant period of the teaching time. "Bell work" was defined as work given to students for the first few minutes of class to engage them immediately. Ms. Lamy, who was the School District’s supervisor for secondary science, conducted an in-classroom observation of Mr. Ferrier’s teaching at Seminole. Ms. Lamy noted that Mr. Ferrier used "bell work" for almost the entire class time. As a result, Mr. Ferrier did not teach. Further, Ms. Lamy observed that Mr. Ferrier did not have control of his class and did not have an adequate lesson plan. Based on her observations, Ms. Lamy made recommendations for Mr. Ferrier on handling the classroom and preparing lesson plans. Unfortunately, the record shows that Mr. Ferrier did not take full advantage of the help being offered to him. Mr. Lechner’s testimony also provided examples from classroom observations that demonstrated Mr. Ferrier’s poor instructional methods and lack of understanding of the material he was supposed to teach. For example, Mr. Lechner described a laboratory experiment conducted by Mr. Ferrier. Mr. Ferrier attempted to conduct an experiment demonstrating how an object could change physical states by melting a candy bar. During the experiment, Mr. Ferrier did not use safety gloves when attempting to melt the chocolate bar. Because the chocolate bar did not melt quickly, Mr. Ferrier left the experiment and never came back to it or the concept behind the experiment. According to Mr. Lechner, Mr. Ferrier modeled poor safety for the students by not using safety gloves and leaving the flame on the candy bar while he moved to another subject, and Mr. Ferrier did not teach the concept behind the experiment. The record showed that Mr. Ferrier would use ineffective methods to teach, such as relying on videos. In one instance, Mr. Ferrier used videos of Michael Jackson and throwing a wadded-up piece of paper in order to demonstrate motion. Finally, in December 2009, during an observation, Mr. Lechner observed Mr. Ferrier teach the students a wrong formula concerning distance over time, which was not corrected until the error was pointed out by a student. Mr. Ferrier did not manage work assignments and tests and failed to properly record grades. The record shows that students would turn in work, but the work would not be graded or posted into the school’s computer system so that parents and students could access the information. Further, parents and students complained to Mr. Lechner about erroneous grades, missing grades or assignments, or no grades for tests that had been completed, as well as grades which were either excessively high or excessively low. Mr. Ferrier failed to respond to parental inquiries and was unprepared and untimely when attending parent-teacher meetings. One parent testified about attending a parent-teacher conference, with Mr. Lechner, where Mr. Ferrier failed to show up. Mr. Ferrier’s disorganization resulted in him failing to turn students’ answer sheets for mandatory progress monitoring tests into the district office. As Ms. Lamy explained, the state required school districts to turn in students’ answer sheets from the test to the Department by December 15, 2010. When the School District started receiving feedback from the tests, Ms. Lamy learned that Mr. Ferrier had not turned in the answer sheets. Subsequently, Mr. Ferrier turned in the answer sheets on or near January 6, 2011. Based on Mr. Ferrier’s actions, the School District was not in compliance with the state-ordered mandate. On January 19, 2011, after the 90-day probation period, Mr. Lechner evaluated Mr. Ferrier as not meeting the minimum expectations for teaching. Mr. Ferrier did not meet expectations in 23 of 25 categories, including the areas of subject knowledge, instructional methods, respect for students and parents, engaging students, use of technology, classroom discipline, and organization. Further, Mr. Lechner noted, based on his observations, that Mr. Ferrier continued to be disorganized, his directions were not clear, he was causing confusion, and he was returning papers to students without feedback. The record shows that well into the 90-day probation Mr. Ferrier finally sought assistance, at the insistence of Mr. Lechner, from the Professional Development and Improvement Network to help him become a better teacher. Unfortunately, the record shows that Mr. Ferrier’s teaching ability did not improve and that he continued with many of the same problems that he had at Pinellas Park. The record shows that Mr. Ferrier has no prior disciplinary history with the Florida Education Practices Commission.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Ferrier violated sections 1012.795(1)(c), 1012.795(1)(g), and 1012.795(1)(j) and rules 6B-1.006(3)(a) and that Mr. Ferrier’s educator’s certificate be revoked for two years followed by a period of three years’ probation under terms and conditions deemed appropriate. DONE AND ENTERED this 9th day of March, 2012, 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 9th day of March, 2012.
The Issue The issue in this case is whether Petitioner had just or good cause to reject the Superintendent's recommendation that Respondent be re-appointed on probationary status to a one- semester teaching position as agriculture teacher.
Findings Of Fact Background Ms. Lee graduated from Florida State University in 1973 with a bachelors degree in art education. She received a masters degree in agriculture education from the University of Florida in 1984. She has served as an extension director for the Seminole Tribe and was a teacher in the Pahokee Junior Senior High School for about 14 years. She also held a position in the Ft. Pierce school system for a short time. She was initially employed by the Hamilton County School Board as a substitute teacher in March of 1998. Subsequently she was hired on an annual contract as the agriculture teacher at Hamilton County High School for the 1998- 1999 school year. Ms. Lee was issued a temporary-non-renewable certificate as a teacher, by the Florida Department of Education on October 17, 1998. This certificate covered the period July 1, 1998 through June 30, 2000. Pursuant to a favorable recommendation by Superintendent Parks, Ms. Lee was hired as the agriculture teacher for the school year 1999-2000. This contract required that she complete required college semester hours by September 1999, and receive a passing score on the Florida Teachers Certification Examination. This contract expired on May 31, 2000. Ms. Lee bought a used recreational vehicle with her own funds so that she could transport her students to agricultural events. Ms. Lee invested a lot of her own time and money into trying to enhance the agriculture program. Her husband helped her in this regard. During a time shortly before March 16, 2000, some of her students applied spray paint to Ms. Lee's recreational vehicle. Subsequently, when Ms. Lee learned that her vehicle had been vandalized, she used inappropriate language in front of an agriculture student, Ruben Perez, who was 18 years of age at the time. This occurred in her classroom and in the vicinity of her classroom. Ruben Perez surreptitiously tape-recorded this language. Ruben Perez stated that Ms. Lee had used inappropriate language prior to this incident which included vulgar language delivered in a loud voice. The Superintendent of Schools, Ms. Patricia Parks suspended Ms. Lee, without pay, on March 16, 2000. On March 24, 2000, Superintendent Parks, sent a letter to Ms. Lee advising that her suspension was reversed and that she would be reinstated with back pay and benefits. This action was taken subsequent to having been advised of the illegality of using the surreptitious tape-recording by Ms. Lee's attorney. The letter further advised Ms. Lee that there would be no record of the incident. Action by the Board At the end of the school year, Ms. Cheri Landry recommended to Superintendent Parks, in an undated letter, that Ms. Lee be given a contract for a one-semester position as "agriculture instructor/FFA advisor," for the period August 8, 2000 to December 20, 2000. This appointment was to be a probationary appointment. This recommendation noted that Ms. Landry had talked with Ms. Lee regarding, "areas in which she needs to improve which include "Climate/Learning Environment and Administration/Management." Superintendent Parks recommended to the Board that Ms. Lee be appointed to the position of agriculture teacher. A copy of a letter from Ms. Landry to Ms. Lee was appended to the recommendation. This letter summarized the areas in which Ms. Lee needed to improve. These documents represent the entirety of the information provided to the board with regard to Ms. Lee at the June 19, 2000, meeting. On June 19, 2000, the Board decided by a three-to-two vote, not to appoint Ms. Lee as recommended by Superintendent Parks. No record of the discussion of the reason for the Board's rejection was given other than Board member Ottis M. Cercy's statement that the firing was for "just cause." Ms. Lee was not given prior notice that the Board had under consideration the rejection of Superintendent Parks' recommendation. On June 19, 2000, Ms. Lee was in Texas with some of her agriculture students at a Future Farmers of America event. She was not under contract with the Board on that date and she was not paid by the Board for this activity. At the hearing, Board members Larry Carver, Martha Butler, and Ottis M. Cercy, stated that they had voted against the motion to enter into a new contract with Ms. Lee because they had received information, prior to the meeting of the Board, that Ms. Lee had cursed in the presence of students, and had permitted tobacco use and card playing in the classroom. Subsequently, Board Members Larry Carver, Martha Butler, and Otis M. Cercy sought additional information in an effort to ratify their action. Allegations of Misbehavior Mr. Wendell Hill, a retired teacher, had seen agriculture students smoking and dipping in an area where Ms. Lee could have seen them. Despite the fact that Hamilton County High School was officially a tobacco-free campus, students, as well as teachers, smoked on campus, and used smokeless tobacco. Mr. Hill also heard Ms. Lee speaking in a loud voice while in class. Jane Lowe, a history teacher and president of the teachers' union, observed that adults employed at Hamilton County High School occasionally smoked behind the boiler room. Evidence of smokeless tobacco use in Ms. Lee's room had been observed by Mr. Pinello, assistant principal of the high school. This observation occurred when he was the dean of students. Mr. Pinello did not relay this information to the principal. Mr. Pinello received some complaints with regard to the cleanliness of Ms. Lee's "environment" and classroom. He checked on this and relayed information regarding his findings to the principal. He received oral complaints that Ms. Lee had used inappropriate language but took no steps to confirm the reports. Allegations concerning Ms. Lee smoking, or permitting the use of tobacco products, were not presented to Ms. Landry prior to the June 19, 2000, Board meeting. Ms. Lee does not smoke nor did she knowingly permit students to use tobacco products. Moreover, she taught her students about the evils of tobacco use and encouraged them to refrain from tobacco use. The only witness who alleged vulgar conduct on the part of Ms. Lee during the incident precipitated by the vandalism of her recreational vehicle was Ruben Perez. He was also the only witness, with claimed personal knowledge, who alleged that Ms. Lee was vulgar at any time. The Board's minutes of May 22, 2000, revealed that Superintendent Parks had actively sought students as witnesses to the events described by Ruben Perez, but none could be found. No evidence was adduced demonstrating that the School Board or Hamilton County High School had a policy addressing vulgar language for either students or teachers. One student was suspended for a year for using vulgar language subsequent to June 19, 2000. The football coach has used vulgar language in front of school children but the Board has not fired him or taken any disciplinary action against him. Ms. Lee was first appointed to the position of agriculture instructor for the school year 1997-1998. Subsequently, for the school year 1998-1999, her appointment was subject to passing the Florida Teacher Certification Examination and passing additional course work. She held a temporary, non- renewable certificate from the Florida Department of Education for the period October 17, 1998 through June 30, 2000. She submitted an application for a new certificate dated June 12, 2000. At the time of the June 19, 2000, meeting of the Board, she had not completed the required semester hours of continuing education or taken the required certification examination. She successfully completed the requirements prior to the beginning of the 2000-2001 school year. The Board has often approved the appointment of teachers with temporary certificates. At the time of the hearing in this case, there were many teachers in the Hamilton County School system teaching under the authority of temporary certificates. Matters in Mitigation The agriculture operation at Hamilton County High School had in previous years, "gotten out of hand." The agriculture class had been a problem for 20 years. Ms. Lee improved the operation of the agriculture program by introducing new activities so that more students could be involved in the program. She promoted the Supervised Agricultural Experience Program and had winners in Future Farmers of America programs. She has involved the students in many projects including supporting the Farm Bureau in their annual dinner. The students provided a barbecue for the rodeo. She was heavily involved with her students and enhanced the agriculture program in many ways. Ms. Landry, the principal of Hamilton County High School, believes that Ms. Lee did a very good job and wants her to resume her position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order appointing Ms. Lee, on probationary status, to a one-semester teaching position as agriculture teacher dating back to the beginning of school year 2000-2001. The order should reflect that she is to be awarded full pay and benefits for the contract period for which she was recommended. DONE AND ENTERED this 11th day of December, 2000, in Tallahassee, Leon County, Florida. HARRY L. HOOPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 2000. COPIES FURNISHED: Steven C. Bullock, Esquire J. Rhett Bullard, Esquire Brannon, Brown, Haley, Robinson & Bullock, P.A. 10 North Columbia Street Post Office Box 1029 Lake City, Florida 32056-1029 Donald K. Rudser, Esquire Post Office Box 1011 Jasper, Florida 32052 Robert J. Sniffen, Esquire Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. The Perkins House 118 North Gadsden Street Tallahassee, Florida 32301 Patricia Parks, Superintendent Hamilton County School Board Post Office Box 1059 Jasper, Florida 32052-1059 Honorable Tom Gallagher Commissioner of Education Department of Education The Capitol, Plaza Level 01 Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
Findings Of Fact From September, 1990, and at all times material to this case, Karen E. Maroon (Respondent) was employed on an annual contract as a bus driver for the Lee County School District. "Bus referrals" are the method used by bus drivers to report student misconduct to appropriate school authorities. A referral consists of a multi- part form completed by the bus driver which identifies the name of the student alleged to have committed the infractions and a description of the offending behavior. The form is submitted to the school official responsible for addressing bused student misbehavior. The official reviews the report and completes the form by setting forth the action taken in response to the referral. At Bonita Springs Middle School, Assistant Principal Helen Hicks-Wiley is responsible for bus referrals. On March 3, 1993, the Respondent wrote several bus referrals alleging that three female students had acted improperly on the Respondent's bus. She did not turn them in at that time. The next day, the Respondent was absent from work. On the morning of March 5, 1993, the Respondent turned the referrals into the Bonita Springs school office. Ms. Hicks-Wiley reviewed the referrals and wrote "see me" on them. On the afternoon of March 5, 1993, the Respondent arrived at the Bonita Springs Middle School prior to 3:30 p.m. Upon her arrival, another bus driver delivered the Respondent's referral slips on which Ms. Hicks-Wiley had written "see me." The Respondent began attempting to locate Ms. Hicks-Wiley. Bonita Springs Middle School students are released from class in two sections. Bus students are released first. After buses have departed, the remaining students are released. At approximately 3:30 p.m., the Respondent located the school's principal and inquired of Ms. Hicks-Wiley location. He stated he did not know where she was. During that very short conversation, the Respondent was in a hurry and somewhat angry. At that time, the 3:30 bell signaling the first release of students was sounded. At 3:30 p.m., Ms. Hicks-Wiley was in front of the school at the site of the bus transport staging area. It was her usual responsibility to monitor the area while the students boarded the buses. At the 3:30 p.m. first release bell, approximately 500 students began exiting the building on their way to their buses. At approximately 3:31 p.m., the school fire alarm sounded. Smoke, from what was subsequently determined to be an overheated water cooler, was visible in one hallway. As the fire alarm sounded, the bus-riding students, already in the hallways and exiting the building, were joined by the evacuation of approximately 200 additional students. As the students became excited, the fire alarm compounded the typical confusion expected at the close of the middle school day. The students were more noisy than usual. The fire alarm continued to ring. Some of the buses, engines running, were waiting to depart. At about 3:32 p.m., the Respondent approached Ms. Hicks-Wiley in front of the school and inquired as to the "see me" notation on the referrals. Because Ms. Hicks-Wiley was otherwise occupied with the evacuation of students from the facility, she declined to discuss the referrals at that time and directed the Respondent to contact her on Monday. The Respondent was apparently dissatisfied with Ms. Hicks-Wiley's response and attempted to continue the conversation. Ms. Hicks-Wiley repeatedly declined to discuss the matter in front of the milling children and directed the Respondent to contact her on Monday. Ms. Hicks-Wiley's manner in declining to discuss the matter at that time was to use the "broken record method" during which she simply repeated again and again her direction to contact her on Monday. Ms. Hicks-Wiley attempted to walk past the Respondent so as to continue her supervision of the bus loading area. As Ms. Hicks-Wiley walked, the Respondent placed her hand on Ms. Hicks-Wiley's arm. The evidence is insufficient to establish that Ms. Maroon blocked Ms. Hicks-Wiley's movements. Ms. Hicks-Wiley lost her temper, throwing her hands into the air and stating "Don't touch me. Don't ever touch me." Ms. Hicks-Wiley's fingernails are exceptionally long. The Respondent, having lost her temper and apparently feeling threatened by the length of Ms. Hicks-Wiley's nails, threw her hands into the air and stated "Don't touch me. If you touch me, bitch, I will kick your ass." Beyond the Respondent's touching of Ms. Hicks-Wiley's arm, there is no evidence that either woman touched the other. Ms. Hicks-Wiley then directed the Respondent to get on her bus and complete her job duties. Ms. Hicks-Wiley, who was equipped with a portable transmitter radio also contacted the school's Resource Officer. He arrived at the site but was not required to intervene. The Respondent, upset by the situation, returned to her bus, and departed from the school with her load of students. The Lee County Superintendent of Schools directed an investigation of the incident. On March 10, 1993, a conference was held at which time the Respondent was provided an opportunity to respond to the allegations. She denied the allegations. On March 10, 1993, the Respondent was suspended with pay from her employment as a bus driver.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Lee County School Board enter a Final Order terminating the employment of Karen E. Maroon. DONE and RECOMMENDED this 17th day of February, 1994, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2937 The following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 5. Rejected, as to how the Principal "felt," irrelevant. 8. Rejected as to location of parties during incident, not supported by greater weight of credible and persuasive evidence. Rejected, irrelevant. Rejected as to the extent of the explanation as to the reason the discussion would have to be postponed, irrelevant. It would have been obvious as to the reason. 14-15, 17, 19. Rejected, subordinate. 20-21. Rejected, not supported by greater weight of credible and persuasive evidence. 22. Rejected, irrelevant. 25. Rejected, not supported by greater weight of credible and persuasive evidence. 27. Rejected, subordinate. 28, 33-34. Rejected, unnecessary. Respondent The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 6-7. Rejected, unnecessary. The referral was addressed on the day it was turned in to the school office. Unusual circumstances at around 3:30 p.m. on that day prevented the appropriate school official from discussing the matter with the Respondent. Rejected, unnecessary. Rejected, as to the alarm not being cause for concern, contrary to the greater weight of credible and persuasive evidence. 11-13. Rejected, restatement of testimony is not appropriate finding of fact. 14. Rejected, subordinate. 15-21. Rejected, restatement of testimony is not appropriate finding of fact, contrary to the greater weight of credible and persuasive evidence. 23-26. Rejected, unnecessary. Rejected, contrary to greater weight of credible and persuasive evidence which fails to establish the precise location of parties during incident. Rejected, irrelevant. Rejected, testimony of other bus drivers is not found to be credible or persuasive except as otherwise set forth herein. 30-31. Rejected, contrary to the greater weight of credible and persuasive evidence. COPIES FURNISHED: Bobbie D'Alessandro, Superintendent School Board of Lee County 2055 Central Avenue Fort Myers, Florida 33901-3988 Marianne Kantor, Esquire School Board of Lee County 2055 Central Avenue Fort Myers, Florida 33901-3988 John M. Hament, Esquire Kunkel & Hament Suite 785, 1800 Second Street Sarasota, Florida 34236 Robert J. Coleman, Esquire 2300 McGregor Boulevard Post Office Box 2089 Fort Myers, Florida 32902
