00-004785 Broward County School Board vs. Thomas Jenkins Status: Closed Recommended Order on Friday, March 30, 2001.

Summary: Respondent told principal, "I`ve got a gun." Just cause existed to suspend employment.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BROWARD COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) Case No. 00-4785

)

THOMAS JENKINS, )

)

Respondent. )

)

RECOMMENDED ORDER

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

on January 24 and 25, 2000, at Fort Lauderdale, Florida, before

Susan B. Kirkland, a designated Administrative Law Judge of the

Division of Administrative Hearings.

APPEARANCES

For Petitioner : Charles T. Whitelock, Esquire

Whitelock & Associates, P.A.

300 Southeast 13th Street

Fort Lauderdale, Florida 33316

For Respondent : Randy Fleischer, Esquire

4801 South University Avenue

Suite 3070

Davie, Florida 33328

STATEMENT OF THE ISSUES

Whether Respondent violated Subsection 231.36(1)(a),

Florida Statutes, and Rule 6B-4.009(1)(2) and (3), Rule 6B-

1.006(3)(a), (b), (e), and (f), Rule 6B-1.006(4)(a) and (b),

Rule 6B.006(5)(a), (c), (d), (e), (f), and (o), and Rule 6B-

1.001(1), (2), and (3), Florida Administrative Code, and, if so,

what actions should be taken.

PRELIMINARY STATEMENT

On July 26, 2000, Petitioner, Tom Gallagher as Commissioner

of Education, issued an Administrative Complaint against

Respondent, Thomas Jenkins (Mr. Jenkins), alleging that

Mr. Jenkins violated Subsections 231.28(3)(c), and 231.28(1)( i),

Florida Statutes, and Rule 6B-1.006(5)(d), Florida

Administrative Code. Mr. Jenkins requested an administrative

hearing, and the case was forwarded to the Division of

Administrative Hearings on August 10, 2000, for assignment to an

Administrative Law Judge. The case was assigned Case

No. 00- 3345PL .

On October 1, 2000, Dr. Frank Till, Superintendent of

Schools, Broward County, filed an Administrative Complaint

against Mr. Jenkins, alleging that Mr. Jenkins violated

Subsection 231.36(1)(a), Florida Statutes, and Rule

6B-4.009(2), (3), and (6), and Rule 6B-1.006(5)(d) and (f),

Florida Administrative Code. Mr. Jenkins requested an

administrative hearing, and the case was forwarded to the

Division of Administrative Hearings on November 30, 2000, for

assignment to an Administrative Law Judge. The case was

assigned Case No. 00-4785.

On December 15, 2000, Petitioner, Tom Gallagher as

Commissioner of Education, filed Petitioner's Motion to

Consolidate and Amend the Administrative Complaints. By Order

of Consolidation dated December 15, 2000, the cases were

consolidated. On December 29, 2000, an Order Granting

Petitioner's Motion to Amend the Administrative Complaints was

issued.

At the final hearing, Petitioners called the following

witnesses : Jill Wilson, Cathy Greenspan, Charlene Hogan,

Susie Ruder, Linda Altheide, Sydna Satterfield, Ana Valdes,

Donna Blank, Patricia Lewis, Barbara Perkins, Amy Winder,

Thomas Jenkins, and Carol Bristow. The testimony of Alice Lacy

was presented by deposition. Petitioners' Exhibits 1-33 were

admitted in evidence.

At the final hearing Respondent testified in his own behalf

and called the following witnesses : Cynthia Wedderburn,

Karen Simmonds , Michelle Tull , Ralph Eckhardt , and Sophia

Matson . Respondent's Exhibits 1-9 were admitted in evidence.

The parties agreed to file their proposed recommended

orders within 20 days of the filing of the transcript. The

four-volume Transcript was filed on February 12, 2001. The

parties timely filed their Proposed Recommended Orders, which

have been considered in rendering this Recommended Order. A

separate Recommended Order has been issued in Case

No. 00- 3345PL .

FINDINGS OF FACT

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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."

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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."

23. 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.

24. 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."

25. 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

Investigator McCabe arrived.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

CONCLUSIONS OF LAW

32. The Division of Administrative Hearings has

jurisdiction over the subject matter of and the parties to this

proceeding. Section 120.57(1), Florida Statutes.

33. Petitioner, in seeking to dismiss Mr. Jenkins, is

required to establish the allegations in the Amended

Administrative Complaint by a preponderance of the evidence.

See Section 120.57(1)(j), Florida Statutes.

34. Petitioner has alleged that Mr. Jenkins should be

dismissed pursuant to Section 231.36(1)(a), Florida Statutes,

which provides:

(1)(a ) Each person employed as a member

of the instructional staff in any district

school system shall be properly certified

pursuant to s. 231.17 or employed pursuant

to s. 231.1725 and shall be entitled to and

shall receive a written contract as

specified in chapter 230. All such

contracts, except continuing contracts as

specified in subsection (4), shall contain

provisions for dismissal during the term of

the contract only for just cause. Just

cause includes, but is not limited to, the

following instances, as defined by rule of

the State Board of Education : misconduct in

office, incompetency, gross insubordination,

willful neglect of duty, or conviction of a

crime involving moral turpitude.

35. Petitioner has alleged that Mr. Jenkins is guilty of

incompetency, immorality; and misconduct in office. These terms

are defined in Rule 6B-4.009(1)-(3), Florida Administrative

Code, which provide:

The basis for charges upon which

dismissal action against instructional

personnel may be pursued are set forth in

Section 231.36, Florida Statutes. The basis

for each of such charges is hereby defined:

(1 ) Incompetency is defined as inability

or lack of fitness to discharge the required

duty as a result of inefficiency or

incapacity. Since incompetency is a

relative term, an authoritative decision in

an individual case may be made on the basis

of testimony by members of a panel of expert

witnesses appropriately appointed from the

teaching profession by the Commissioner of

Education. Such judgment shall be based on

a preponderance of evidence showing the

existence of one (1) or more of the

following:

(a ) Inefficiency: (1) repeated failure

to perform duties prescribed by law (Section

231.09, Florida Statutes); (2) repeated

failure on the part of a teacher to

communicate with and relate to children in

the classroom, to such an extent that pupils

are deprived of minimum educational

experience; or (3) repeated failure on the

part of an administrator or supervisor to

communicate with and relate to teachers

under his or her supervision to such an

extent that the educational program for

which he or she is responsible is seriously

impaired.

(b ) Incapacity: (1) lack of emotional

stability; (2) lack of adequate physical

ability; (3) lack of general educational

background; or (4) lack of adequate command

of his or her area of specialization.

(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.

(3 ) Misconduct in office is defined as a

violation of the Code of Ethics of the

Education Profession as adopted in Rule

6B-1.001, FAC., and the Principles of

Professional Conduct for the Education

Profession in Florida as adopted in Rule

6B-1.006, FAC ., which is so serious as to

impair the individual's effectiveness in the

school system.

36. Petitioner has failed to establish that Mr. Jenkins is

guilty of incompetency as defined by Rule 6B-4.009(1), Florida

Administrative Code . The psychological evaluation performed by

Dr. Kimmel did not demonstrate that Mr. Jenkins was emotionally

unstable.

37. Petitioner has established that Mr. Jenkins is guilty

of immorality as that term is defined by Rule 6B-4.009(2),

Florida Administrative Code . Mr. Jenkins' statement, "I've got

a gun" is sufficiently notorious to bring Mr. Jenkins into

public disrespect.

38. Petitioner has established that Mr. Jenkins is guilty

of misconduct in office as that term is defined by Rule

6B-4.009(3), Florida Administrative Code . He has violated the

provisions of Rule 6B-1.001 and Rule 6B-1.006, Florida

Administrative Code as set forth below.

39. Petitioner has alleged in the Amended Administrative

Complaint that Mr. Jenkins violated Rule 6B-1.001, Florida

Administrative Code which provides:

(1 ) The educator values the worth and

dignity of every person, the pursuit of

truth, devotion to excellence, acquisition

of knowledge, and the nurture of democratic

citizenship. Essential to the achievement

of these standards are the freedom to learn

and to teach and the guarantee of equal

opportunity for all.

(2 ) The educator's primary professional

concern will always be for the student and

for the development of the student's

potential. The educator will therefore

strive for professional growth and will seek

to exercise the best professional judgment

and integrity.

(3 ) Aware of the importance of

maintaining the respect and confidence of

one's colleagues, of students, of parents,

and of other members of the community, the

educator strives to achieve and sustain the

highest degree of ethical conduct.

40. Petitioner has alleged in the Amended Administrative

Complaint that Mr. Jenkins violated the following provisions of

Rule 6B-1.006, Florida Administrative Code.

(1 ) The following disciplinary rule shall

constitute the Principles of Professional

Conduct for the Education Profession in

Florida.

(2 ) Violation of any of these principles

shall subject the individual to revocation

or suspension of the individual educator's

certificate, or the other penalties as

provided by law.

(3 ) Obligation to the student requires

that the individual:

(a ) Shall make reasonable effort to

protect the student from conditions harmful

to learning and/or to the student's mental

and/or physical health and/or safety.

(b ) Shall not unreasonably restrain a

student from independent action in pursuit

of learning.

* * *

(e ) Shall not intentionally expose a

student to unnecessary embarrassment or

disparagement.

(f ) Shall not intentionally violate or

deny a student's legal rights.

* * *

(4 ) Obligation to the public requires

that the individual:

(a ) Shall take reasonable precautions to

distinguish between personal views and those

of any educational institution or

organization with which the individual is

affiliated.

(b ) Shall not intentionally distort or

misrepresent facts concerning an educational

matter in direct or indirect public

expression.

* * *

(5 ) Obligation to the profession of

education requires that the individual:

(a ) Shall maintain honesty in all

professional dealings.

* * *

(c ) Shall not interfere with a

colleague's exercise of political or civil

rights and responsibilities.

(d ) Shall not engage in harassment or

discriminatory conduct which unreasonably

interferes with an individual's performance

of professional or work responsibilities or

with the orderly processes of education or

which creates a hostile, intimidating,

abusive, offensive, or oppressive

environment; and, further, shall make

reasonable effort to assure that each

individual is protected from such harassment

or discrimination.

(e ) Shall not make malicious or

intentionally false statements about a

colleague.

(f ) Shall not use coercive means or

promise special treatment to influence

professional judgments of colleagues.

* * *

(o ) Shall seek no reprisal against any

individual who has reported any allegation

of a violation of the Florida School Code or

State Board of Education Rules as defined in

Section 231.28(1), Florida Statutes.

41. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(3)(a), Florida Administrative Code, when he told

kindergarten students that they could drown, and left students

unattended on the physical education field.

42. Petitioner has failed to establish that Mr. Jenkins

violated Rule 6B-1.0006(3)(b) and (f), Florida Administrative

Code.

43. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(3)(e), Florida Administrative Code, by calling

Haitian-American students little monkeys.

44. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(4)(a), Florida Administrative Code, when he

treated the November 9, 1999, SAC meeting as a personal issue

rather than a professional issue.

45. Petitioner has failed to establish that Mr. Jenkins

violated Rule 6B-1.006(4)(b), Florida Administrative Code.

46. Petitioner has failed to establish that Mr. Jenkins

violated Rule 6B-1.006(5)(a), Florida Administrative Code.

47. Petitioner has failed to establish that Mr. Jenkins

violated Rule 6B-1.006(5)(c), Florida Administrative Code.

48. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(5)(d), Florida Administrative Code, by his actions

towards Ms. Wilson on October 29, 1998; his manner and statement

made during the November 10, 1999, meeting with Ms. Wilson that

he had a gun; his manner and remarks made while directing

traffic; his attempt to get the November 9, 1999, SAC meeting

place changed to the cafeteria; and his confrontation with

Ms. Lewis.

49. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(5)(e), Florida Administrative Code, through his

"nothing" letter concerning Ms. Wilson.

50. Petitioner has failed to establish that Mr. Jenkins

violated Rule 6B-1.006(5)(f), Florida Administrative Code.

51. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.006(5)(o), Florida Administrative Code, when he

confronted Ms. Lewis in the hallway after she had gone to the

principal's office to complain about his conduct in the parking

lot.

52. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.001(1), Florida Administrative Code, by his actions

towards Ms. Wilson, Ms. Hogan, Ms. Lewis, and Ms. Lacy and his

actions while directing traffic.

53. Petitioner has established that Mr. Jenkins has

violated Rule 6B-1.001(2), Florida Administrative Code, by his

referring to Haitian-American students as monkeys, showing his

paycheck to students, telling kindergarten students that they

could drown, and leaving students unattended.

54. Petitioner has established that Mr. Jenkins violated

Rule 6B-1.001(3), Florida Administrative Code, by his actions

towards Ms. Wilson, Ms. Hogan, Ms. Lewis, and Ms. Lacy, his

calling Haitian-American students monkeys, his saying that he

had a gun, his calling another teacher "Deadwood," and his

"nothing" letter concerning Ms. Wilson.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

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

that just cause exists for suspending Thomas Jenkins, finding

that Thomas Jenkins is guilty of immorality and misconduct in

office, and suspending Thomas Jenkins for 60 days.

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 [phone]

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

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.