10-010514PL Dr. Eric J. Smith, As Commissioner Of Education vs. Amie Dunn Status: Closed Recommended Order on Wednesday, April 27, 2011.

Summary: Teacher falsified sick leave, school log in/out records and left campus without permission in order to work second job during school hours. Certificate suspension for two years followed by probation recommended.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DR. ERIC J. SMITH, AS ) )

COMMISSIONER OF EDUCATION, )

)

Petitioner, )

vs. ) Case No. 10-10514PL

)

AMIE DUNN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case

on February 21, 2011, by video teleconference in Tallahassee,

Florida, and St. Petersburg, Florida, before Thomas P. Crapps,

an Administrative Law Judge of the Division of Administrative

Hearings.

APPEARANCES

For Petitioner: Bruce P. Taylor, Esquire

204 37th Avenue, Suite 190

St. Petersburg, Florida 33704

For Respondent: Amie B. Dunn, pro se

8580 Kumquat Avenue, North

Seminole, Florida 33777

STATEMENT OF THE ISSUES

Whether Respondent violated sections 1012.795(1)(d),

1012.795(1)(g), and 1012.795(1)(j), Florida Statutes (2008), 1/

and Florida Administrative Code Rules 6B-1.006(3)(a) and 6B-

1.006(5)(a), and, if so, what discipline should be imposed.

PRELIMINARY STATEMENT

On July 21, 2010, Petitioner, Dr. Eric J. Smith, as

Commissioner of Education, filed a five-count Administrative

Complaint against Respondent, Amie Dunn (Ms. Dunn), alleging

that she violated sections 1012.795(1)(d), 1012.795(1)(g), and

Ms. Dunn requested an administrative hearing, and the case was

forwarded to the Division of Administrative Hearings on

December 6, 2010.

At the final hearing, Petitioner called the following

witnesses: Randi Latzke, Laura Hallenbeck, Margaret "Peg"

Miller, Pamela Johansen, Katherine Wickett, Lisa Bahr,

Amy Stabile, Deborah Joseph, Phillip Wirth, Erin Savage,

Mary Melissa Athanson, James Berrell, Piper Prichard, Mitchell

Disney, James Lott, and Walter Weller. Petitioner's Exhibits 1

through 30, 32 through 35, and 37 through 40 were admitted into

evidence. Ms. Dunn testified on her own behalf. Respondent's

Exhibits 1 through 5 were admitted into evidence.

A Transcript of the final hearing was filed on March 14,

2011. Petitioner filed a Proposed Recommended Orders on

March 24, 2011. As of the date of this Recommended Order,

Ms. Dunn has not filed any post-hearing submittals.

FINDINGS OF FACT

1. Ms. Dunn holds Florida Educator's Certificate 930668,

covering the area of exceptional student education, which is

valid through June 30, 2012.

2. At all times pertinent to this case, Ms. Dunn was

employed as a varying exceptionalities teacher at Seminole High

School in the Pinellas County School District (School District).

3. Deborah Joseph (Ms. Joseph), the director of School

Partnerships for St. Petersburg College, hired Ms. Dunn for the

Spring Semester of 2009 to supervise 12 student interns,

teaching in various Pinellas County elementary schools.

4. Ms. Joseph credibly testified that she asked Ms. Dunn

what Ms. Dunn would do with her current employment as a Pinellas

County teacher, if offered a job. Ms. Dunn stated that she

would resign as a teacher.

5. On January 30, 2009, during school hours, Ms. Dunn left

the Seminole High School campus without permission from the

school administration. When the school's assistant principal,

Phillip Wirth (Mr. Wirth), questioned Ms. Dunn about her

whereabouts, Ms. Dunn alternately claimed that she had been

given permission by another principal to leave the campus and

that she had been meeting with another teacher. Neither of

Ms. Dunn's explanations was supported by the assistant principal

or the teacher. Consequently, on March 9, 2009, Mr. Wirth gave

Ms. Dunn a written reprimand for her conduct.

6. The evidence clearly and convincingly shows that

Ms. Dunn continued her employment as a teacher at Seminole High

School while at the same time working a second job for

St. Petersburg College, supervising student interns working in

elementary schools. Unfortunately, Ms. Dunn's work hours at

Seminole High School coincided with the student interns' work

hours at the elementary schools. In order to work both jobs,

the record shows that Ms. Dunn was routinely untruthful in her

use of sick leave time and left the Seminole High School campus

during school hours without permission. For example, the record

shows that she requested sick leave on February 26, 2009;

March 4, 2009; March 6, 2009; and March 17, 2009. On those very

same dates, Ms. Dunn signed in to supervise interns at Pinellas

Central Elementary School, Sandy Lake Elementary School, Plumb

Elementary School, and McMullen Booth Elementary. Again, on one

date, April 23, 2009, Ms. Dunn wrote in her leave request that

"family and kids touch [of] flu" and that she was signing out

for a doctor's appointment beginning at 9:30 a.m. The record

shows on that same day Ms. Dunn miraculously recovered from the

illness and was able to eat lunch at her husband's nearby

restaurant at 11:50 a.m., and then supervise an intern at

Pinellas Central Elementary School at 1:33 p.m.

7. In addition to misusing sick leave, the record clearly

showed that Ms. Dunn would leave the Seminole High School campus

without permission or signing out and would falsify school

records. For example, the record clearly showed that, on

April 16, 2009, Ms. Dunn left the school campus without

permission. The record shows that she signed out for lunch at

1:00 p.m. and that she returned at 1:30 p.m. However, the

records also show at 1:45 p.m., that same day, Ms. Dunn signed

into High Point Elementary in order to supervise an intern.

Again, on April 22, 2009, Ms. Dunn left Seminole High School

without permission or signing out at 9:46 a.m.

8. Walter Weller (Mr. Weller), the principal of Seminole

High School, credibly testified that co-teachers, like Ms. Dunn,

are placed in exceptional student education classes in order to

assist with the students' individual education plans and to help

the students succeed. Further, he credibly testified that it

was important that teachers remain on campus to keep classrooms

covered, and it is a safety issue for the students.

9. James Lott (Mr. Lott), an administrator in the Office

of Professional Standards for the School District, credibly

testified that the School District felt that progressive

discipline was not appropriate in Ms. Dunn's case, because her

actions amounted to stealing time and outright falsification of

records.

10. Ms. Dunn testified that she did not dispute that she

had the second job and claimed that the collective bargaining

agreement allowed her to work a second job. Ms. Dunn testified

that she never used time off with pay and that the School

District should have used a progressive discipline against her,

rather than terminating her employment. Further, Ms. Dunn

claimed that she and the School District had reached an

agreement concerning her claim for unemployment compensation

that the School District "would not go after my certificate."

Ms. Dunn showed no remorse or acknowledgement of her many

untruthful statements or wrongdoing.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. §§ 120.569 and 120.57, Fla. Stat. (2010).

12. Petitioner has the burden to establish the allegations

in the Administrative Complaint by clear and convincing

evidence. Dep't of Banking & Fin. v. Osborne Stern & Co. , 670

So. 2d 932 (Fla. 1996).

13. Petitioner has alleged that Ms. Dunn violated

rules 6B-1.006(3)(a) and 6B-1.006(5)(a). Specifically,

Petitioner has charged Ms. Dunn with acts that constituted

"gross immorality or act involving moral turpitude[,]" "personal

conduct that seriously reduces [Ms. Dunn's] effectiveness as an

employee of the district school board[,]" and "violating the

Principles of Professional Conduct for the Education Profession

prescribed by State Board of Education rules." The two Florida

Administrative Code Rules that Ms. Dunn is charged with

violating require that a teacher "shall make reasonable efforts

to protect students from conditions harmful to learning and/or

to student's mental and/or physical health and/or safety" and

"maintain honesty in all professional dealings."

14. The terms "gross immorality" and "moral turpitude" are

not defined in the context of section 1012.795, but guidance may

be found in Florida Administrative Code Rule 6B-4.009, which

provides the basis for charges upon which disciplinary action by

the school districts against instructional personnel may be

taken. Rule 6B-4.009 provides:

(2) Immorality is defined as conduct that

is inconsistent with the standards of public

conscience and good morals. It is conduct

sufficiently notorious to bring the

individual concerned or the education

profession into public disgrace or

disrespect and impair the individual's

service in the community.

* * *

(6) Moral turpitude is a crime that is

evidenced by an act of baseness, vileness or

depravity in the private and social duties,

which, according to the accepted standards

of the time a man owes to his or her fellow

man or to society in general, and the doing

of the act itself and not its prohibition by

statute fixes the moral turpitude.

15. "Moral turpitude" has also been defined by the Florida

Supreme Court as follows: "Moral turpitude involves the idea of

inherent baseness or depravity in the private social relations

or duties owed by man to man or by man to society. It has also

been defined as anything done contrary to justice, honesty,

principle, or good morals, though, it often involves the

question of intent as when unintentionally committed through

error of judgment when wrong was not contemplated." State ex

rel. Tullidge v. Hollingsworth , 146 So. 660, 661 (Fla.

1933)(citation omitted).

16. Applying the law to the facts in this case, the

undersigned finds that Petitioner has established by clear and

convincing evidence that Ms. Dunn violated sections

1.006(3)(a) and 6B-1.006(5)(a).

17. The facts here clearly and convincingly show that

Ms. Dunn engaged in gross immorality by her theft of time from

the School District, her dishonest and deceptive practices, and

her "short-changing" the students that she was charged with

educating.

18. The facts clearly and convincingly showed that

Ms. Dunn engaged in dishonest conduct in order to work a second

job. Although working a second job is not immoral, Ms. Dunn

used deceptive and false means to work for St. Petersburg

College at the same time that she has been contracted to work as

a teacher. The record shows that, during the time that she

should have been teaching at Seminole High School, Ms. Dunn was

monitoring student interns for St. Petersburg College. She

accomplished this task by abusing sick leave and leaving the

school campus without permission. Moreover, her conduct "short-

changed" students under her charge by not doing her job.

19. Mr. Weller, the Seminole High School principal,

credibly testified that Ms. Dunn was hired as a teacher for

exceptional student education. He explained that in exceptional

student education classes co-teachers are placed in the

classroom to provide additional assistance. Further, Mr. Weller

credibly explained that students in exceptional student

education classes often need help with their individual

education plans and that the co-teachers help provide the

necessary assistance for the students to be successful.

Similarly, Mitchell Disney testified that Ms. Dunn, as his co-

teacher, worked with students that "had a lot of issues" and

required modifications in order to be successful. Ms. Dunn's

actions cheated those students, because she was not in the

classroom to do her job and assist them. In sum, Ms. Dunn's

actions here are immoral, because they were dishonest, resulted

in theft of time, and harmed her students' ability to learn.

20. Next, the record clearly supports the finding that

Ms. Dunn's personal conduct seriously reduced her effectiveness

as a teacher. A teacher cannot be effective if the teacher is

not present in the classroom. Furthermore, as Mr. Lott

testified it is important for teachers to maintain honesty. He

explained that teachers are to model high moral standards, and

honesty is important for the teacher's credibility in dealing

with other teachers, administrators, and the students' parents.

Here, as discussed earlier, Ms. Dunn's conduct falls short and

has reduced her effectiveness as a teacher.

21. Finally, the record clearly shows that Ms. Dunn

violated the Principles of Professional Conduct for the

Education Profession as set out by her violations of rules 6B-

1.006(3)(a) and 6B-1.006(5)(a). The record clearly and

convincingly showed that Ms. Dunn's actions failed to take

reasonable efforts to protect students from conditions harmful

to learning and the students' physical health and safety.

Although the evidence did not show that any student was

physically harmed, Mr. Weller testified that it was important

for teachers to get permission before leaving the school campus

because of school safety issues. Mr. Weller explained that the

school safety is involved because classes need to be covered.

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The evidence showed that, on occasion, Ms. Dunn would leave the

school campus without signing out or without permission.

Finally, as stated earlier, Ms. Dunn taught students in the

exceptional student education program and those students often

required additional attention. By being absent from the

classroom, Ms. Dunn's action was harming the ability of those

students to learn and created an environment where the students'

safety was at risk. Thus, she violated rule 6B-1.006(3)(a). In

addition, the record clearly and convincingly shows that

Ms. Dunn's conduct violated rule 6B-1.006(5)(a), because she

failed to maintain honesty in all her professional dealings.

22. The disciplinary guidelines set forth in Florida

Administrative Code Rule 6B-11.007 for the violations which were

established here range from probation to revocation. In

determining the appropriate discipline, rule 6B-11.007(3)

provides a list of aggravating and mitigating factors that may

be considered in taking disciplinary action.

23. Turning to the facts here, the record shows as

aggravating circumstances that Ms. Dunn has failed to accept

responsibility for her actions or show any remorse. Rather than

accept responsibility, Ms. Dunn repeatedly indicated that she

took unpaid leave from the school for her second job and that

she was not counseled about her job performance or given an

appropriate progressive discipline. Neither of Ms. Dunn's

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explanations shows any insight into her conduct. Moreover,

Ms. Dunn claimed that the School District had promised not to

"go after my [teaching] certificate" as resolution of her

unemployment compensation claims. Again, Ms. Dunn's claim is

without merit. The Decision of Appeals Referee exhibit filed by

Ms. Dunn does not contain any statement supporting her

contention that there was an agreement concerning her teaching

certificate. Moreover, Petitioner could not be bound by an

agreement in which he was not a party. Unfortunately, Ms. Dunn

fails to accept responsibility for her wrongdoing.

24. The record did bring forward facts that support

mitigation. Although not fully developed by Ms. Dunn, the

testimony suggests that she attempted to work two jobs because

of financial difficulties at home. Moreover, the record shows

that her misconduct occurred over a period from February 2009

until early May 2009. There was no evidence that she had any

prior discipline.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that a final order be entered finding

and suspending her educator’s certificate for two years followed

by a period of three years' probation during which she shall be

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required, along with standard conditions utilized by the

Education Practices Commission, to complete a three-hour college

level course in ethics during the first year of her probation.

DONE AND ENTERED this 27th day of April, 2011, in

Tallahassee, Leon County, Florida.

S

THOMAS P. CRAPPS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 27th day of April, 2011.

ENDNOTE

1/ Unless otherwise indicated, all references to the Florida

Statutes are to the 2008 version.

COPIES FURNISHED :

Bruce P. Taylor, Esquire

204 37th Avenue, Suite 190

St. Petersburg, Florida 33704

Amie B. Dunn

8580 Kumquat Avenue, North

Seminole, Florida 33777

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Kathleen M. Richards, Executive Director

Education Practices Commission

Department of Education

Turlington Building, Suite 224-E

325 West Gaines Street

Tallahassee, Florida 32399-0400

Lois Tepper, Acting General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399-0400

Marian Lambeth, Bureau Chief

Bureau of Professional Practices Services

Department of Education

Turlington Building, Suite 224-E

325 West Gaines Street

Tallahassee, Florida, 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.

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