Findings Of Fact John R. Sutton (Sutton) has been an employee of the Seminole County School Board (School Board) for approximately ten years. At the time of his suspension, he was working as an electrician's helper. Sutton's work hours were seven to three-thirty, including summers when school was not in session. Generally, his duties did not bring him into contact with students. To the extent possible, repairs and wiring work were done when the students were not around. Sutton lives in his own home with his two children, ages three and five, his sixty-eight-year-old mother, and his fifty-year-old mentally retarded sister, whom he takes care of. He needs his job. (Petitioner's exhibit 1, p.9) Sutton's property borders on a tree farm owned by Miami Land Division. On August 10, 1993, around five-thirty p.m., Sutton was in the woods behind his house examining three small marijuana plants when he was arrested by officers of the Florida Game and Fresh Water Fish Commission. He gave permission for them to search his home and they found some baggies of marijuana. Sutton was charged with cultivation of marijuana and possession of greater than 20 grams, a felony. He admits the charges. Sutton was not prosecuted, but rather was referred to the pretrial intervention program conducted by the State's Attorney. Under his pretrial intervention contract, he was required to be supervised for twelve months, submit to random drug testing, complete fifty hours of community service, and pay certain costs of investigation and supervision. He was also required to attend Narcotics Anonymous meetings. He has satisfied all of the conditions except for the full twelve months of supervision, which have not expired. After successful completion of his contract, the charges will be dismissed. On August 12, 1993, Sutton's charge of cultivation of marijuana appeared in the "News of Record" section of the Daytona Beach News-Journal, in small print, with the usual notices of criminal charges, suits filed, divorces, births and hospital admissions occurring recently in Volusia County. John Reichert performs duties of the personnel director for the Seminole County School District. He doesn't read the News-Journal, but his counterpart in Volusia County read it and told him of Sutton's arrest. Reichert obtained information about the arrest and presented the findings to the School Board's professional standards committee. The committee recommended that Sutton be terminated. He was placed on leave without pay, pending the outcome of this proceeding on the superintendent's recommendation to the School Board. Discipline of non-instructional personnel of the School Board is governed by the collective bargaining agreement dated July 1, 1992-June 30, 1995. This agreement provides, in pertinent part: REGULAR EMPLOYEES Section 4. * * * B. An employee who has been hired for four (4) or more years may only be terminated for just cause except as otherwise provided in A. above. [reduction in force] The decision not to renew the employee for the ensuring year shall be for just cause. * * * DISCIPLINE AND TERMINATION Section 5. A. Regular employees who have been hired for a minimum of three (3) of the last five (5) years (without a break in service) shall not be disciplined (which shall include repri mands), suspended or terminated except for just cause. * * * An employee may be suspended without pay or discharged for reasons including the following (or substantially similar offenses) providing just cause is present: Violation of School Board Policy Violation of work rules Insubordination--Refusal to follow a proper directive, order, or assignment from a supervisor While on duty, the possession and/or the use of intoxicating beverages or controlled substances after reporting for work and until after the employee leaves the work site after the equipment, if applicable, has been checked in. Endangering the health, safety or welfare of any student or employee of the District The conviction of a felony in the State of Florida or notice of conviction of a substantially parallel offense in another jurisdiction An act committed while off duty, which because of its publication through the media or otherwise adversely affects the employee's performance or duties, or disrupts the operations of the District, its schools or other work/cost centers Excessive tardiness Damage to School Board property Improper use of sick leave Failure to perform assigned duties Other infractions, as set forth from time to time in writing and disseminated by the Superintendent or designee. (Petitioner's Exhibit 2, emphasis added) Counsel for the School Board stipulated at hearing that Sutton's termination is not based on any of the twelve items in paragraph Section 5, C., above. Rather, the School Board's position is that "just cause" is not limited to those items. The School Board has adopted a drug free work place policy, prohibiting possession, use, sale, distribution or being under the influence of alcohol or narcotic drug, marijuana or other controlled substance, before, during or after school hours, at school or in any other school district location. The record does not reflect when the policy was adopted; Sutton has never seen the policy. Further, it does not address Sutton's offense. Sutton knows of other non-instructional employees who have been arrested for felony offenses and are still employed. On the other hand, the School Board has disciplined other employees (teachers and non-instructional employees) for drug offenses committed off of school premises and off hours. However, the School Board did not, in this proceeding, establish its policy with regard to employees, such as Sutton, who are not teachers, who are arrested after their employment, and who are not convicted of a felony or are not guilty of any of the enumerated offenses in the collective bargaining agreement. Sutton has never been disciplined before. His supervisor considers him a "[d]ecent worker, maybe not the best, but definitely a good worker." (Transcript, p.28) His attendance record is fine or average; he has not been observed arriving to work or during work, "stoned" or otherwise intoxicated or impaired. Sutton freely admits that he owned the three plants and the marijuana found in his house. He smoked infrequently and did not sell or distribute the marijuana.
Recommendation Based on the foregoing, it is hereby RECOMMENDED: That the School Board of Seminole County enter its final order rejecting the recommendation for termination of John Sutton, removing him from suspension, and restoring back pay. DONE AND RECOMMENDED in Tallahassee, Leon County, Florida, this 11th day of May 1994. MARY CLARK 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 11th day of May 1994. APPENDIX The following constitute specific rulings on the findings of fact proposed by the parties: Petitioner's Proposed Findings Rejected as unnecessary. Adopted in Paragraph 1. 3 & 4. Adopted in Paragraph 8. 5 & 6. Adopted in Paragraph 4. 7. Adopted by implication in Paragraph 2. But the more specific finding is that such contact was merely incidental, and not direct. 8-11. Addressed in Preliminary Statement as background of the proceeding. Respondent's Proposed Findings Respondent's "Findings of Fact" comprise a single paragraph outlining the background of this proceeding and stating his position, which position is generally accepted in the recommendation, above. COPIES FURNISHED: Ned N. Julian, Jr., Esquire Post Office Box 4848 Sanford, Florida 32772-4848 Thomas C. Greene, Esquire Post Office Box 695 Sanford, Florida 32772-0695 Douglas L. "Tim" Jamerson Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Dr. Paul Hagerty, Superintendent Seminole County School Board 1211 South Mellonville Avenue Sanford, Florida 32771
The Issue The nature of the instant controversy is whether Petitioner has just cause to terminate Respondent under section 1012.33, Florida Statutes (2015),1/ and whether Respondent's acts and/or omissions disqualify him from being employed in the Indian River County School District ("School District").
Findings Of Fact Based on the evidence presented at the final hearing, the undersigned makes the following findings of relevant and material facts: Respondent was employed by the School Board as a classroom teacher. As a teacher, Respondent was required to abide by all Florida Statutes which pertain to teachers, the Code of Ethics and Principles of Professional Conduct for the Education Profession in Florida, and all School Board policies. Testimony of William Fritz William Fritz, assistant superintendent for Human Resources and Risk Management, testified for the School Board. One of his primary duties is to conduct employee disciplinary investigations for the School Board. He is considered the "point person" for such matters. Fritz was informed by the fingerprint specialist in his office that Respondent had been arrested for felony DWLS. Subsequently, the same person informed him that Respondent had been convicted of the felony DWLS on October 6, 2015. The felony designation for Respondent's DWLS was based on this being his third or subsequent DWLS offense. The Judgment of Conviction dated October 6, 2015, designated the crime as "Driving While License Revoked-Permanently Revoked." Pet.'s Ex. F. After learning of Respondent's felony conviction, Fritz conducted an internal investigation. He had an informal discussion with Respondent to discuss the matter. This occurred in November 2015. When they met, Respondent told Fritz that he felt he did not need to self-report the conviction because the School District was automatically notified by the court.2/ Respondent explained to Fritz that there were some extenuating circumstances for the car trip that day involving a visit to a very ill friend. As a follow-up to the meeting, Fritz reviewed the School Board policies pertaining to discipline. He concluded that the situation likely warranted termination. He requested to meet with Respondent again, but his invitation was declined by Respondent. During the course of his investigation and review of Respondent's personnel file, Fritz concluded that Respondent had been put on employment probation by EPC in 2012 and that the probation was still active when the 2014 arrest and subsequent conviction in 2015 occurred. The EPC order proscribed certain conduct by Respondent during probation. The EPC order provided that Respondent "violate no law and shall fully comply with all District School Board policies, school rules, and State Board of Education rules." Fritz concluded that the DWLS conviction violated that provision of the EPC order, as well as certain School Board employee rules and policies. Notably, Fritz concluded that Respondent's 2015 felony DWLS conviction was a Category 3 violation of School Board Policy 3121.01. Convictions for Category 3 offenses, by definition, expressly prevented the hiring or retention of an employee "under any circumstances." Pet.'s Ex. K.3/ After reviewing all of the relevant documents and concluding his investigation, Fritz met with the School Board superintendent and recommended that Respondent be terminated. In arriving at that recommendation, Fritz took into account the mitigating factors explained by Respondent during their first meeting, namely needing to visit a sick friend. Fritz noted during his investigation that another final order of EPC had also been entered in 2007, disciplining Respondent for a conviction for driving under the influence ("DUI"). Fritz testified that there had been a termination of another teacher in the School District for a felony offense. The termination occurred in 2013 and was referred to DOAH, which recommended that termination was appropriate. There was no suggestion or testimony during the course of Fritz's testimony that the recommendation to terminate Respondent was related in any manner to problems with Respondent's job performance or other conduct on the job. Rather, the felony conviction violated School Board policy requiring termination and also constituted violations of the EPC order and resulting EPC probation. On cross-examination, Fritz acknowledged that the most recent felony conviction in October 2015 had not yet been addressed or ruled on by EPC insofar as Respondent's teaching certificate was concerned. Fritz further testified that a collective bargaining agreement ("CBA") exists which governs the discipline of teachers, including Respondent. Article 5.1, section (A) of the CBA, states as follows: Discipline of an MBU shall be progressive. Progression shall be as follows: documented verbal warning presented in a conference with the MBU, a letter of reprimand, suspension, termination. Serious first offenses may result in an immediate, strong consequence up to and including termination. Resp.'s Ex. 18. Fritz testified that Respondent's felony conviction for DWLS was a "serious first offense," which gave the School District the discretion to move directly to termination under Article 5.1, section (A) of the CBA.4/ When questioned by Respondent as to whether or not a felony conviction for a worthless check offense, for instance, could also result in a termination, Fritz pointed out Petitioner's Exhibit K, which specifically designated worthless check convictions as a different and separate "Category 5" offense. Category 5 offenses, by express definition and unlike Category 3 offenses, afforded the School District considerable leeway on discipline, on a case-by-case basis. Conversely, Fritz testified that a felony conviction for DWLS fell under a different category, "Category 3," and was considered significant and serious enough to warrant termination of the employee. Testimony of Brian Krystoforski Respondent started teaching in 1984 and is in his 24th year of teaching in the state of Florida. Respondent testified, and emphasized throughout the proceeding, that the School District was aware of a prior criminal traffic conviction and EPC sanctions in 2012 but, nonetheless, permitted Respondent to continue to teach in the School District.5/ Respondent testified that the 2012 EPC final order related, as well, to a prior DWLS felony conviction. Respondent testified that, on the date he was arrested for the 2015 DWLS conviction, he was driving to visit a good friend who had serious medical issues and was very depressed. However, he acknowledges his trip was a "bad decision." He characterized his plea of no contest on October 6, 2015, as more of a plea of convenience believing that his explanation for driving that day would mitigate the effect of the criminal plea and conviction before the circuit court judge. The undersigned has considered the collection of exhibits offered by the parties and admitted into evidence. The undersigned has also reviewed the plea colloquy from October 2015 before the circuit court judge who took Respondent's felony plea to DWLS.6/ Respondent emphasized that his felony conviction for DWLS should be evaluated using several mitigating factors found in Florida Administrative Code Rule 6B–11.007, Disciplinary Guidelines.7/ Insofar as the severity of this conviction is concerned, Respondent felt that he was just guilty of using "bad judgment." Furthermore, Respondent argues that he is not a danger to the public under one of the mitigating factors outlined in the Florida Administrative Code. Another mitigating factor Respondent felt should be considered is that he has been an educator for a long period of time. He felt that his commitment and participation as the football defensive coordinator at Vero Beach High School should also be considered a mitigating factor. Respondent felt that there had been no actual damage, physical or otherwise, caused by his driving while license suspended. Furthermore, in 24 years of teaching, he has never been considered for termination for any other conduct or offenses. Finally, he argues that the effect of termination on his livelihood and ability to earn a living warrants consideration. On cross-examination, the evidence revealed that Respondent had a conviction for DUI in 1988, a conviction for DUI in 1990, and a conviction for a DUI in 2002. In 2004, adjudication was withheld for driving while intoxicated on a revoked license. Respondent also conceded that EPC warned him that a permanent revocation of his educator certificate could occur under certain circumstances, particularly if the educator's certificate had been sanctioned by EPC on two or more previous occasions. Respondent testified that he had, indeed, been sanctioned by EPC on two previous occasions prior to this 2015 conviction for DWLS. There is also evidence to show that Respondent has been characterized as a "highly effective" teacher during recent evaluations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Indian River County School Board implement its preliminary decision to terminate the employment of Respondent. DONE AND ENTERED this 2nd day of May, 2016, in Tallahassee, Leon County, Florida. S ROBERT L. 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 2nd day of May, 2016.
The Issue This case raises the question of whether Petitioner has just cause to terminate Respondent from his employment as school custodian. More specifically, Petitioner is attempting to terminate Respondent based upon the mere allegation that Respondent sexually abused his daughter without the necessity to prove those allegations.
Findings Of Fact In March, 1989, Respondent had been working as an assistant custodian in a school over which Petitioner had authority. In his capacity Respondent maintained the school grounds, to include mowing and trimming. He also cleaned inside the building and had keys to that facility. In March, 1989, Respondent had a teenaged daughter who attended a separate school over which Petitioner had authority. On March 21, 1989, the daughter made an allegation that Respondent had sexually abused her recently and upon numerous other occasions dating back 14 or 15 years. As a consequence Respondent was charged in the case of State of Florida v. James Monroe Sublett, Case No. 89-130-CF-A-01, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida, in an for Sumter County, Florida, with the offense of sexually activity with a child. Petitioner became aware of Respondent's arrest for the offense which led to the criminal charges. The school board on March 22, 1989, informed Respondent concerning their perception about the pending criminal case as it pertained to Respondent's employment with the school board. Petitioner sent a letter to Respondent which said: Following your arrest under charge of sexual activity with a child by a person in familiar [sic] family authority, the School Board on March 21, 1989, suspended you without pay pending disposition of the case. The beginning date of the suspension is March 22, 1989. Dr. Preston Morgan, Superintendent of Schools, provided this information to Respondent. On August 21, 1989, the state attorney, in the person of the assistant state attorney assigned to the case, entered a nolle prosequi in the case of State of Florida v. James Monroe Sublett, Case No. 89-130-CF-A-01. Petitioner was aware that the nolle prosequi had been entered in the criminal court case when it sent correspondence to the Respondent on August 28, 1989, again from Dr. Morgan. That correspondence stated: I have reviewed the information pertaining to your case and made the following decision: 1. To request the Board remove you from leave, without pay, and terminate your employment effective September 5, 1989. This recommendation will be made at the September 5, 1989 School Board meeting. The meeting will be held at the Sumter Educational Center starting at 7:30 p.m. If you decide to challenge this recommendation, and the September 5, 1989 date does not give you adequate time to prepare a defense, contact my office at 793-2315 and request a postponement. On August 28, 1989, a memorandum had also been addressed from Dr. Morgan to the Sumter County School Board members subject the termination of Respondent. Consistent with the August 28, 1989 letter which had been sent to Respondent the memorandum stated: After reviewing the case of James M. Sublett, employee on leave without pay, I recommend that the Board remove Mr. Sublett from leave, without pay, and terminate his employment effective September 5, 1989. On September 5, 1989, Respondent wrote to Dr. Morgan to ask for a 30- day postponement of the hearing scheduled for September 5, 1989, to allow Respondent time to prepare a defense. In response to the request for postponement Dr. Morgan wrote Respondent on September 26, 1989, in which the Respondent was advised: The Board at its meeting of September 5, 1989, tabled my recommendation regarding your termination due to your request for a thirty (30) days postponement to compare a defense in the matter. This is to notify you that this matter will be an agenda for the October 3, 1989 meeting which will be held at the Sumter Educational Center Meeting Room on 301 West McCollum Avenue in Bushnell at 7:30 p.m. Respondent did not attend the hearing that was held on October 17, 1989 following an additional postponement. Instead, through efforts of counsel, he requested a formal administrative hearing to be held pursuant to Section 120.57, Florida Statutes. At the October 17, 1989 School Board Meeting, the School Board voted to terminate Respondent effective immediately. Respondent made two additional attempts to have the School Board conduct a formal administrative hearing pursuant to Section 120.57, Florida Statutes, to no avail. In 1989, Respondent was employed pursuant to a collective bargaining agreement entered into by Petitioner and the Sumter County Essential Support Personnel Association. When Respondent was unable to have the Petitioner honor the several requests for a Section 120.57, Florida Statutes hearing he brought the circuit court action referred to before. The Sumter County Circuit Court granted Petitioner's summary judgement motion, concluding that the collective bargaining agreement waived Respondent's right to a hearing pursuant to Section 120.57, Florida Statutes, and that having failed to take advantage of his rights to hearing under the collective bargaining agreement he was not entitled to relief before the circuit court. The Fifth District Court of Appeal disagreed with that determination and remanded the case for a Section 120.57, Florida Statutes hearing which was held on April 14, 1994. The hearing considered whether Petitioner had just cause to terminate Respondent based upon Petitioner's decision to proceed on the assertion that the allegations by the daughter that Respondent had sexually assaulted her, and, without the necessity to prove the allegations, formed a sufficient basis for terminating the Respondent from his employment. Consistent with its position, the Petitioner did not attempt to prove the daughter's allegations of sexual assault by Respondent.
Recommendation Based upon the facts found and the conclusions of law reached, it is, RECOMMENDED: That a final order be entered by the Petitioner which dismisses the case calling for Respondent's termination and reinstates Respondent with pay and benefits that have accrued since his suspension without pay in 1989. DONE and ENTERED this 1st day of June, 1994, in Tallahassee, Florida. CHARLES C. ADAMS, 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 1st day of June, 1994. APPENDIX Case No. 93-6554 The fact finding proposed by Respondent is subordinate to facts found. COPIES FURNISHED: C. John Coniglio, Esquire Post Office Box 1119 Wildwood, FL 34785 Mark Herdman, Esquire Suite 308 34650 US Highway 19 North Palm Harbor, FL 34684 Dr. Preston O. R. Morgan Superintendent of Schools Sumter County School Board 202 North Florida Street Bushnell, FL 33513
Findings Of Fact Except to the extent they are consistent with these Findings of Fact, all proposed findings of fact are rejected as either not supported by competent, substantial evidence, contrary to the greater weight of the evidence or irrelevant. On November 6, 1974, LaRosa was granted a Florida Teacher's Certificate and subsequently was employed by the Duval County School System. On October 24, 1975, LaRosa failed to appear at 3 a.m. for work as a substitute teacher in the P.E. Department at John Gorrie Junior High School. After having been involved in a car accident the night before and not having gotten to sleep until 5 a.m., LaRosa overslept and therefore did not notify the school board that he would be absent or advise the school of the reason for his failure to appear for class until noon that day. On or about February 25, 1976, LaRosa was convicted in Duval County, Florida, of driving while intoxicated on the previous February 15. He was fined $200, and his driver's license was suspended for three months. On June 9, 1976, LaRosa was arrested in Duval County, Florida, for driving while intoxicated on that day. On or about July 2, 1976, LaRosa was convicted in Duval County, Florida, of having driven while intoxicated on June 9, 1976. He was sentenced to ten days in the Duval County Jail. LaRosa's convictions, set forth above, were considered by the Professional Practices Council of the Department of Education. The Council found "no probable cause to believe that the certificate be revoked or suspended at this time . . . and a letter of warning regarding repeated offenses be directed to the educator." By letter dated September 23, 1976, the Council warned LaRosa against future conduct that would reduce his effectiveness as an educator. Subsequent to the events set forth in the proceeding Findings of Fact, LaRosa left the teaching field and his certificate lapsed. From 1978 to the present, he has engaged in a number of employment positions unconnected with the field of education. On or about May 5, 1981, LaRosa was arrested for disorderly intoxication and public disturbance in Duval County, Florida. He subsequently was convicted on his plea of guilty and sentenced to 15 days' suspended sentence with six months' probation. In or about September, 1981, LaRosa was arrested for disorderly intoxication in Duval County, Florida. On November 18, 1981, be was convicted of that offense and violation of the probation alleged in the preceding paragraph. The court sentenced LaRosa to 68 days in jail (58 days were suspended) and given six months' probation for that offense, as well as for the violation of probation with regard to the previous offense. On or about July 6, 1982, LaRosa was convicted in Duval County, Florida, for driving while intoxicated during the previous March. He was sentenced to 38 days in jail. LaRosa's Application for Teacher's Certificate was received by DOE on August 26, 1982. The application reflects that it was signed by LaRosa and that be swore and subscribed to its accuracy before a notary public on August 20, 1982. In the application, LaRosa was asked the following question: Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations? The application then provided spaces for a yes/no response and asked for details about any arrests, dates, nature of charges and dispositions. LaRosa's August 28, 1982, response to the foregoing question was simply that he had been arrested in "Jax Fla" and that the nature of the charge(s) was "DWI." LaRosa failed to include any further statement about the nature of his charges, and he did not include any information or reference to the dates and dispositions of the arrests and convictions set forth in the preceding paragraphs. On February 25, 1983, LaRosa was convicted in Duval County, Florida, of driving while licensee was suspended in December 1982. He was sentenced to 68 days in jail with 58 days suspended and was placed on unsupervised probation. LaRosa was not intoxicated at the time of his arrest. At the time of the arrest for this incident, the police administered a field sobriety test, which LaRosa passed. The arrest report states that LaRosa bad been drinking. LaRosa denies that he had been drinking. But the circumstances were suspicious and, coupled with the police officer's observations, prevent me from finding that LaRosa was not drinking. Since LaRosa has the ultimate burden of persuasion, I find that he had been drinking immediately prior to the time of his arrest. In a letter dated May 26, 1983, LaRosa responded to a letter from Professional Practices regarding his admission of "DWI" arrest on Section V of the Application for Teacher's Certificate. In his letter, LaRosa wrote: The explanation of my charges are as follows: Driving while under the influence of alcohol. Driving on a suspended license. Public intoxication. I was sentenced 18, 38, and 68 days for these offenses. On October 6, 1983, LaRosa was again convicted in Duval County, Florida, for driving while license was suspended. For that offense, LaRosa received a 38-day suspended sentence and a $25 fine. When LaRosa was stopped by police, he at first misstated his name but was not intoxicated. At the time of the arrest, LaRosa again was given and apparently passed a field sobriety test. LaRosa denies having been drinking. But, again, the circumstances were suspicious, and the police arrest report contains a statement that the policeman thought LaRosa bad been drinking. Therefore, I find that LaRosa had been drinking just before the time of his arrest. LaRosa claims that be stopped drinking in August, 1982, after being released from jail, and that he has not been drinking since. As stated, I find his claim not to be completely accurate. He attended Alcoholics Anonymous meetings at least twice a month during the year 1982 and attended eight to ten meetings in 1983. At the time of the final hearing, LaRosa had not been to an AA meeting in four months. LaRosa's personal conduct, set forth above, seriously reduces his effectiveness as a teacher. Mr. Nolan G. Gillmore, Secretary Staffing Supervisor for the Duval County School Board, gave opinion testimony in the area of education and personnel administration in Duval County and the State of Florida and in the area of effectiveness of teachers. Mr. Gillmore is of the opinion that, at this time, LaRosa's conduct would disqualify him from being a person the Duval County School System would hire as a teacher. Mr. Gillmore also is of the opinion that, at this time, LaRosa could not be an effective teacher because of the effect of his conduct on his relationship with his students and that be would have difficulty in his relationships with his fellow teachers and the community. Finally, Mr. Gillmore opined that, upon the evidence DOE presented at the final bearing, the Duval County School System would move to terminate LaRosa if he were a teacher in the system. LaRosa concedes to wrongdoing and says he would "take a two-year suspension." He thinks he has rehabilitated himself from his drinking problems and thinks be can be a good teacher. So does his friend, Paul Galloway, who is a teacher and has taught with LaRosa in the past. But, Mr. Gillmore's testimony was more persuasive than the testimony of LaRosa and Galloway.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission deny this application of Anthony W. LaRosa for a Florida Teacher's Certificate. RECOMMENDED this 15th of March, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of March, 1984. COPIES FURNISHED: Mr. Anthony W. LaRosa 3554 College Place Jacksonville, Florida 32204 Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301
