01-001171 Broward County School Board vs. Oscar Harris, Jr. Status: Closed Recommended Order on Wednesday, October 31, 2001.

Summary: Respondent engaged in fraudulent scheme to receive passing score on examination to receive Florida Educator`s Certificate. Sustain three-month suspension without pay; do not terminate annual contract; impose other conditions deemed appropriate.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BROWARD COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) Case No. 01 - 1171

)

OSCAR HARRIS, JR., )

)

Respondent. )

________________________________)

RECOMMENDED ORDER

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

on August 30, 2001 , by video teleconference with connecting sites

in Fort Lauderdale and Tallahassee, Florida, before Errol H.

Powell, a designated Administrative Law Judge of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Charles T. Whitelock, Esquir e

Whitelock & Associates, P.A.

300 Southeast Thirteenth Street

Fort Lauderdale, Florida 33316 - 1924

For Respondent: W. George Allen, Esquire

800 Southeast Third Avenue, Penthouse

Fort Lauderdale, Florida 33316

STATEMENT OF THE ISSUE

The issue for determination is whether Respondent committed

the offenses set forth in the Administrative Complaint and, if

so, what action should be taken.

PRELIMINARY STATEMENT

By letter da ted February 27, 2001, the Superintendent of

Schools for the Broward County School Board (Petitioner) notified

Oscar Harris, Jr. (Respondent) that, among other things, he was

going to recommend to Petitioner the suspension, without pay, and

termination of Respondent from employment based upon an

Administrative Complaint attached to the letter. By letter dated

March 19, 2001, Respondent, by and through his counsel, timely

requested a hearing. On March 27, 2001, this matter was referred

to the Division of A dministrative Hearings.

The Administrative Complaint consisted of four violations.

The first violation was immorality in which Respondent was

charged with violating Subsection 231.36(1)(a), Florida Statutes,

and Rule 6B - 4.009(2), Florida Administrative Co de, by engaging in

"conduct inconsistent with the standards of public conscience and

good morals" and conduct which was "sufficiently notorious to

bring Respondent and/or the educational profession, into public

disgrace or disrespect, and impair Respondent 's service in the

community." The second violation was gross insubordination in

which Respondent was charged with violating Subsection

231.36(1)(a), Florida Statutes, and Rule 6B - 4.009(6) (sic),

Florida Administrative Code, by "constant and continuing

int entional refusal to obey a direct order, reasonable in nature,

and given by and with proper authority." The third violation was

moral turpitude in which Respondent was charged with violating

Subsection 231.36(1)(a), Florida Statutes, and Rule 6B - 4.009(6),

Florida Administrative Code, by engaging in "acts 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 th e

act itself and not its prohibition by statute fixes the moral

turpitude." The fourth and final violation was misconduct in

office in which Respondent was charged with violating Subsection

231.36(1)(a), Florida Statutes, and Rule 6B - 4.009(3), Florida

Adm inistrative Code, by the following: (a) violating

Rule 6B - 1.006(5)(a), Florida Administrative Code, by "failing to

maintain honesty in all professional dealings"; (b) violating

Rule 6B - 1.006(5)(g), Florida Administrative Code, by

"misrepresenting his own professional qualifications"; (c)

violating Rule 6B - 1.006(5)(h), Florida Administrative Code, by

"submitting fraudulent information on a document in connection

with professional activities"; (d) violating Rule 6B - 1.006(5)(i),

Florida Administrative Code, b y "making a fraudulent statement or

failing to disclose a material fact in one's own or another's

application for a professional position"; (e) violating

Rule 6B - 1.006(5)(l), Florida Administrative Code, by "assisting

entry into or continuance in the prof ession of any person known

to be unqualified in accordance with the Principles of

Professional Conduct for the Education Profession in Florida and

other applicable Florida Statutes and State Board of Education

Rules"; and (f) violating Rule 6B - 1.006(5)(m), Florida

Administrative Code, by "failing to report to the appropriate

authorities any known allegation of a violation of the Florida

School Code or State Board of Education Rules as defined in

Section 231.28(1), Florida Statutes."

After engaging in discov ery, Petitioner filed a Motion for

Summary Final Order and Respondent filed a response in

opposition. By Order dated August 24, 2001, the undersigned

denied Petitioner's motion. However, the Education Practices

Commission (EPC) had filed an Administrativ e Complaint against

Respondent and the parties agreed that the facts in the EPC's

case were identical to the facts in the instant case and should

be adopted by the undersigned. 1 Consequently, the undersigned

further ruled in the said Order that no genuine issue of material

fact existed and that an evidentiary hearing would be conducted

regarding penalty.

At hearing, Petitioner presented the testimony of one

witness and entered 16 exhibits (Petitioner's Exhibits numbered

1 - 16) into evidence. Respondent tes tified on his own behalf,

presented the testimony of five witnesses, and entered no

exhibits into evidence.

A transcript of the hearing was ordered. At the request of

the parties, the time for filing post - hearing submissions was set

for no later than Sep tember 30, 2001.

The Transcript, consisting of one volume, was filed on

September 17, 2001. Petitioner timely filed its post - hearing

submission on September 28, 2001. Respondent's post - hearing

submission was filed on October 3, 2001. Petitioner did not

object to the untimely filing and the undersigned has determined

that Petitioner has suffered no prejudice by the late filing. As

a result, Petitioner's and Respondent's post - hearing submissions

were considered in the preparation of this Recommended Order .

FINDINGS OF FACT

1. Respondent holds Florida Educator's Certificate

No. 697227. The Certificate covers the areas of Social Science

and Educational Leadership and was valid through June 30, 1999. 2

2. At all times material hereto, Respondent was employ ed by

Petitioner as an Assistant Principal at Crystal Lake Middle

School (Crystal Lake). 3

3. Respondent was employed at Crystal Lake pursuant to an

annual contract.

4. On or about January 3, 1999, Respondent arranged for

someone other than himself to tak e the Florida Department of

Education's Florida Educational Leadership Examination (FELE) and

for that person to submit the answers to the FELE as if

Respondent wrote them. Respondent engaged in a fraudulent scheme

to receive a passing score on the FELE i n order to receive a

Florida Educator's Certificate for which he did not qualify. 4

5. The fraudulent conduct was discovered. The Florida

Department of Education invalidated all scores assigned to

Respondent and, therefore, no score was assigned to Respon dent

for the FELE. Respondent was not issued a certificate.

6. Prior to January 3, 1999, Respondent had taken the FELE

approximately 10 or 12 times without receiving a passing score.

If he had not received a passing score on the FELE in January,

Respond ent would have lost his Certificate and would have been

ineligible to remain an assistant principal. He "panicked" and

obtained the services of the individual to take the FELE for him.

7. The local community became aware of Respondent's

incident. The lo cal news media printed articles regarding the

incident. Petitioner received three or four telephone calls from

concerned parents regarding the image that was being portrayed to

students if Respondent was not punished.

8. Respondent subsequently hired tut ors, took the FELE, and

received a passing score. He was issued a certificate which

expires June 30, 2004.

9. The EPC filed an administrative complaint against

Respondent for the misconduct. Respondent did not contest the

allegations of fact and request ed an informal hearing. The EPC

issued a Final Order on April 17, 2001, imposing the following

penalty: a reprimand; suspension of Respondent's certificate from

the end of Petitioner's 2000 - 2001 school year to the day before

the beginning of Petitioner's 2001 - 2002 school year; and

probation, with conditions, for three employment years upon

obtaining employment which required a certificate.

10. Having been notified by EPC regarding Respondent's

conduct as to the FELE, Petitioner launched an investigation. As

part of the investigation, Respondent was notified by

Petitioner's Executive Director of Professional Standards and

Special Investigative Unit that he was required to provide a

statement to Petitioner's Investigative Unit and Respondent was

given a dat e and time certain to provide an oral statement.

Respondent was represented by counsel and several meetings for

Respondent to provide the oral statement were scheduled to

accommodate Respondent's counsel. Respondent failed to provide

an oral statement du e to the inability of his then counsel to

attend the meetings. Respondent was also provided an opportunity

to provide a written statement but Respondent's then counsel was

unable to advise Respondent on the statement due to trial

commitments. Respondent failed to provide a written statement.

11. It is not disputed that Respondent was required to

provide a statement, which is considered a direct order.

Furthermore, it is not disputed that the direct order was

reasonable and that it was given by and wit h proper authority.

12. However, it is reasonable for Respondent to follow the

advice of his lawyer and to not provide an oral statement without

the presence of his lawyer. Likewise, it is reasonable for

Respondent to not act on submitting a written stat ement without

his counsel advising him on the written statement. Respondent's

failure to provide the oral or written statement was justifiably

excused.

13. Respondent was also provided an opportunity to attend a

pre - disciplinary meeting on two or three d ifferent occasions.

Respondent failed to attend the pre - disciplinary meetings due to

the inability of his then counsel to attend.

14. Respondent obtained new counsel and provided a

statement to Petitioner, albeit during discovery in the instant

case.

15. Petitioner suspended Respondent, without pay, beginning

March 20, 2001 and ending June 30, 2001.

16. Respondent's annual contract was not renewed by

Petitioner for the 2001 - 2002 school year. 5

17. Petitioner seeks termination of Respondent's 1999 - 2000

an nual contract.

18. Respondent is a highly regarded educator and several

character witnesses testified on his behalf. Each witness was

aware of Respondent's conduct regarding the FELE.

19. Respondent began his teaching career in 1992 in

Tallahassee, Fl orida, at Fairview Middle School. He was promoted

in 1994 to the position of Dean at Fairview Middle School.

20. In 1995, Respondent was hired as assistant principal by

John Civettini who was the principal at Crystal Lake. Respondent

was recommended to Mr. Civettini by Petitioner's former

Superintendent of Schools and Respondent was recommended to the

former Superintendent by Florida's then Governor Lawton Chiles.

Crystal Lake had serious disciplinary problems and was in a

"disruptive chaotic" state. W ithin two months of Respondent's

arrival at Crystal Lake, he had implemented a program that had

changed Crystal Lake for the better. Mr. Civettini retired in

the third year of Respondent's tenure at Crystal Lake but

Respondent's program continued under th e new principal and

Crystal Lake became one of the top middle schools in Broward

County. Respondent had done an "excellent" job at Crystal Lake

with the school children and had the admiration of the parents.

21. Mr. Civettini would again hire Respondent without

reservation even knowing the circumstances of the conduct with

which Respondent is charged. Furthermore, Mr. Civettini is not

against punishing Respondent for his conduct but he believes that

termination of Respondent's annual contract is too s evere.

22. If Respondent is terminated by Petitioner, according to

Mr. Civettini, Respondent will not be hired by another school

district.

23. Respondent's Associate Superintendent, Everette Abney,

Sr., Ph.D., has "a great deal of admiration" for what Re spondent

accomplished at Crystal Lake. Respondent made a "difference in

the lives" of the children at Crystal Lake. Dr. Abney would

welcome the return of Respondent to Petitioner's employ and would

return Respondent to working with children. Dr. Abney d oes not

view the conduct with which Respondent is charged as lessening

Respondent's effectiveness with the children.

24. Dr. Abney is aware of principals and other assistant

principals who had engaged in more serious misconduct but who

were not terminated by Petitioner. However, he was not able to

give specifics regarding the incidents.

25. Respondent worked with a South Florida Pizza Hut

franchise owner, Alfredo Salas, in helping minority children.

Mr. Salas has great respect for the way Respondent wor ked with

and mentored the children. Mr. Salas has no hesitation in

supporting the return of Respondent to Petitioner's employ and

would continue to work with Respondent with children.

26. Petitioner has imposed less severe punishment for

conduct committ ed which was equally or more serious. One

principal was arrested in the year 2000 for marijuana possession

in a foreign state while on a recruiting trip for Petitioner.

The incident received local publicity. Petitioner removed the

principal from his pos ition, re - assigned him to administrative

procedures from August 31, 2000 to August 21, 2001, and, after

the re - assignment, imposed a three - month suspension, without pay,

and a reduction to an annual contract.

27. In another incident, a principal solicited business at

her school in order for her father to become a vendor at her

school. Her conduct was determined to be a conflict of interest. 6

Petitioner suspended the principal for two weeks. Also, the EPC

reprimanded her and placed her on probation for o ne year; and

Florida's Ethics Commission reprimanded her and imposed a $500

fine.

28. Taking into consideration the totality of the

circumstances presented, the punishment sought by Petitioner,

termination of employment, is too severe.

CONCLUSIONS OF LAW

29. The Division of Administrative Hearings has

jurisdiction over the subject matter of this proceeding and the

parties thereto pursuant to Section 120.569 and Subsection

120.57(1), Florida Statutes.

30. Petitioner has the burden of proof by a prepondera nce

of the evidence. Allen v. School Board of Dade County ,

571 So. 2d 568, 569 (Fla. 3d DCA 1990). Subsection 120.57(1)(j),

Florida Statutes.

31. Section 231.36, Florida Statutes (1999), provides in

pertinent part:

(1)(a) Each person employed as a mem ber of

the instructional staff in any district

school system shall be properly certificated

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 contr acts, 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 St ate

Board of Education: misconduct in office,

incompetency, gross insubordination, willful

neglect of duty, or conviction of a crime

involving moral turpitude.

* * *

(6)(a) Any member of the instructional

staff, excluding an employee specified in

su bsection (4), may be suspended or dismissed

at any time during the term of the contract

for just cause as provided in paragraph

(1)(a). The district school board must

notify the employee in writing whenever

charges are made against the employee and may

su spend such person without pay; but, if the

charges are not sustained, the employee shall

be immediately reinstated, and his or her

back salary shall be paid. . . .

32. Section 230.23, Florida Statutes (1999), provides in

pertinent part:

The school board , acting as a board, shall

exercise all powers and perform all duties

listed below:

* * *

(5) PERSONNEL. -- Designate positions to be

filled, prescribe qualifications for those

positions, and provide for the appointment,

compensation, promotion, suspe nsion, and

dismissal of employees as follows, subject to

the requirements of chapter 231:

* * *

(f) Suspension and dismissal and return to

annual contract status. -- Suspend, dismiss, or

return to annual contract members of the

instructional staff an d other school

employees; however, no administrative

assistant, supervisor, principal, teacher, or

other member of the instructional staff may

be discharged, removed, or returned to annual

contract except as provided in chapter 231.

33. Section 230.33, Florida Statutes (1999), provides in

pertinent part:

The superintendent shall exercise all powers

and perform all duties listed below and

elsewhere in the law; provided, that in so

doing he or she shall advise and counsel with

the school board. The superi ntendent shall

perform all tasks necessary to make sound

recommendations, nominations, proposals, and

reports required by law to be acted upon by

the school board. . . .

* * *

(7) PERSONNEL. -- Be responsible, as required

herein, for directing the wor k of the

personnel, subject to the requirements of

chapter 231, and in addition the

superintendent shall have the following

duties:

* * *

(e) Suspension and dismissal. -- Suspend

members of the instructional staff and other

school employees during eme rgencies for a

period extending to and including the day of

the next regular or special meeting of the

school board and notify the school board

immediately of such suspension. When

authorized to do so, serve notice on the

suspended member of the instructi onal staff

of charges made against him or her and of the

date of hearing. Recommend employees for

dismissal under the terms prescribed herein.

34. Rule 6B - 4.009, Florida Administrative Code, provides in

pertinent part:

The basis for charges upon which d ismissal

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:

* * *

(2) Immorality is defined as conduct that is

inconsistent with the standar ds 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

t o impair the individual's effectiveness in

the school system.

(4) Gross insubordination or willful neglect

of duties is defined as a constant or

continuing intentional refusal to obey a

direct order, reasonable in nature, and given

by and with proper aut hority.

* * *

(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.

35. Rule 6B - 1.006, Florida Administrative Code, provides in

pertinent part:

(1) The following disciplinary rule shall

constitute the Principles of Pr ofessional

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.

* * *

(5) Obligation to the profession of

education requires that the individual:

(a) Shall maintain honesty in all

professional dealings.

* * *

(g) Shall not misrepresent one's own

professional qualifications.

(h) Shall not submit fraudulent informati on

on any document in connection with

professional activities.

(i) Shall not make any fraudulent statement

or fail to disclose a material fact in one's

own or another's application for a

professional position.

* * *

(l) Shall not assist entry into or

continuance in the profession of any person

known to be unqualified in accordance with

these Principles of Professional Conduct for

the Education Profession in Florida and other

applicable Florida Statutes and State Board

of Education Rules.

(m) Shall self - report within forty - eight

(48) hours to appropriate authorities (as

determined by district) any arrests/charges

involving the abuse of a child or the sale

and/or possession of a controlled substance.

Such notice shall not be considered an

admission of guilt nor shall such notice be

admissible for any purpose in any proceeding,

civil or criminal, administrative or

judicial, investigatory or adjudicatory. In

addition, shall self - report any conviction,

finding of guilt, withholding of

adjudication, commi tment to a pretrial

diversion program, or entering of a plea of

guilty or Nolo Contendere for any criminal

offense other than a minor traffic violation

within forty - eight (48) hours after the final

judgment. When handling sealed and expunged

records discl osed under this rule, school

districts shall comply with the

confidentiality provisions of Sections

943.0585(4)(c) and 943.059(4)(c), Florida

Statutes.

(n) Shall report to appropriate authorities

any known allegation of a violation of the

Florida School C ode or State Board of

Education Rules as defined in Section

231.28(1), Florida Statutes.

36. Petitioner failed to demonstrate that Respondent

violated Subsection 231.36(1)(a), Florida Statutes (1999), and

Rule 6B - 4.009(2), Florida Administrative Code, a s alleged. The

evidence failed to show that Respondent's conduct constituted

immorality as defined. The evidence failed to show that

Respondent's conduct was additionally "sufficiently notorious to

bring Respondent and/or the educational profession, into public

disgrace or disrespect, and impair Respondent's service in the

community." The evidence failed to show that Respondent's

conduct would or did impair his service in the community.

37. Petitioner failed to demonstrate that Respondent

violated Subse ction 231.36(1)(a), Florida Statutes (1999), and

Rule 6B - 4.009(6) (sic), Florida Administrative Code, as alleged.

The rule violated should be Rule 6B - 4.009(4), Florida

Administrative Code. Failing to cite the correct rule is not

fatal due to the parties litigating the issue of gross

insubordination. Respondent's conduct in not obeying a direct

order did not rise to the level of gross insubordination, as

defined. Willful is defined by Black's Law Dictionary, Fifth

Edition, as follows:

Proceeding from a c onscious motion of the

will; voluntary. Intending the result which

actually comes to pass; designed;

intentional; not accidental or involuntary.

* * *

Willful is a word of many meanings, its

construction often influenced by its context.

(citation o mitted)

* * *

A willful act may be described as one done

intentionally, knowingly, and purposely,

without justifiable excuse, as distinguished

from an act done carelessly, thoughtlessly,

heedlessly, or inadvertently. . . .

38. Respondent's failure to not provide an oral or written

statement did not show willfulness. His failure was justifiably

excused. Respondent's then counsel was unavailable to assist

Respondent with the oral or written statement.

39. Petitioner failed to demonstrate that Respo ndent

violated Subsection 231.36(1)(a), Florida Statutes (1999), and

Rule 6B - 4.009(6), Florida Administrative Code, as alleged.

Petitioner failed to demonstrate that Respondent's conduct

constituted moral turpitude as defined. The evidence failed to

show that Respondent committed a crime or that his conduct

evidenced a crime.

40. Petitioner demonstrated that Respondent violated

Subsection 231.36(1)(a), Florida Statutes (1999), and

Rule 6B - 4.009(3), Florida Administrative Code. Petitioner

demonstrated t hat Respondent committed misconduct in office as

defined by violating Rules 6B - 1.006(5)(a), (h), and (m) (sic),

Florida Administrative Code. The rule violated should be Rule

6B - 1.006(5)(n), not (m), Florida Administrative Code. Failing to

cite the corre ct rule is not fatal due to the parties litigating

the issue of Respondent's failure to report the known allegation

of a violation.

41. However, Petitioner failed to demonstrate that

Respondent committed misconduct in office as defined by violating

Rules 6B - 1.006(5)(g), (i), and (l), Florida Administrative Code.

Respondent held the position of assistant principal; he was not

applying for a position. Further, even though Respondent was not

issued a new certificate due to the misconduct committed as to

the FELE in January 1999, the certificate that he held at that

time was valid through June 30, 1999. The evidence failed to

show that Respondent was not qualified for the position of

assistant principal.

42. Respondent's suspension should be upheld.

43. Ho wever, termination of Respondent's employment, i.e.,

terminating Respondent's annual contract for the 1999 - 2000 school

term, is too severe and not appropriate under the totality of the

circumstances present in the instant case. The penalties imposed

by Pe titioner for equally or more serious conduct have not been

termination.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that the Broward County School Board enter a

final order:

1. Sustaining the suspensio n, without pay, of Oscar Harris,

Jr., beginning March 20, 2001 and ending June 30, 2001.

2. Imposing other terms and conditions deemed appropriate.

3. Not terminating the annual contract of Oscar Harris, Jr.

for the 1999 - 2000 school year.

DONE AND ENTERE D this 31st day of October, 2001, in

Tallahassee, Leon County, Florida.

___________________________________

ERROL H. POWELL

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(85 0) 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 31st day of October, 2001.

ENDNOTES

1/ The EPC filed an Administrative Complaint against Respondent

styled Tom Gallagher, as Commissioner of Education vs. Oscar F.

Harris, Jr. , Case No. 989 - 2166 - M; and the Final Order was Case No.

00 - 0519 - RA. The Final Order adopted paragraphs numbered 1 - 3 from

EPC's Administrative Complaint as its findings of fact.

Furthermore, the Final Order adopted counts 1 - 4 of the

Administrative Complaint, which are as follows: Count 1 -- violating

Subsection 231.28(1)(c), Florida Statutes, by being guilty of

gross immorality or an act involving moral turpitude; Count 2 --

violating Subsection 231.28(1)(f), Florida Statutes, by being

found guilty of personal conduct which seriously reduce s his

effectiveness as an employee of the school board; Count 3 --

violating Rule 6B - 1.006(5)(a), Florida Administrative Code, by

failing to maintain honesty in all professional dealings; and

Count 4 -- violating Rule 6B - 1.006(5)(h), Florida Administrative

Cod e, by submitting fraudulent information on a document in

connection with professional activities.

2/ Facts from the EPC's Final Order.

3/ Ibid.

4/ Ibid.

5/ Petitioner's new fiscal year begins July 1st of each year. On

June 30th of each year, all a ssistant principals' and

administrators' contracts expire. At the new fiscal year,

Petitioner receives names of individuals whose contracts are

recommended for renewal and Petitioner votes on approval of the

individuals as a whole. Respondent's name was not submitted for

approval to renew his annual contract for the 2001 - 2002 school

year.

6/ The principal represented that she was not aware that her

conduct was an ethical violation, i.e., a conflict of interest.

The principal's conduct is not within the jurisdiction of this

Administrative Law Judge. However, for the length of time that

she has been a principal, this Administrative Law Judge finds it

difficult to find credible the principal's representation that she

was not aware that her conduct created a conflict of interest and,

therefore, was an ethical violation.

COPIES FURNISHED:

W. George Allen, Esquire

800 Southeast Third Avenue, Penthouse

Fort Lauderdale, Florida 33316

Charles T. Whitelock, Esquire

Whitelock & Associates, P.A.

300 Southeast Thirteenth Street

Fort Lauderdale, Florida 33316 - 1924

Dr. Frank Till, Superintendent

Broward County School Board

600 Southeast Third Avenue

Fort Lauderdale, Florida 33301 - 3125

Honorable Charlie Crist, Commissioner

Department of Education

The Capitol, P laza Level 08

Tallahassee, Florida 32399 - 0400

James A. Robinson, General Counsel

Department of Education

The Capitol, Suite 1701

Tallahassee, Florida 32399 - 0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written excepti ons 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.