02-001914PL Charlie Crist, As Commissioner Of Education vs. William Hendricks Status: Closed Recommended Order on Thursday, September 5, 2002.

Summary: Respondent`s conduct with regard to a female student violates portions of Section 231.28(1), Florida Statutes, and justifies revocation of his teaching certificate.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLIE CRIST, AS COMMISSIONER )

OF EDUCATION, )

)

Petitioner, )

)

vs. ) Case No. 02 - 1914PL

)

WILLIAM HENDRICKS, )

)

Respondent. )

)

RECOMMENDED ORDER

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

on July 16, 2002, in Milton, Florida, before Administrative Law

Judge Don W. Davis of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: J. David Holder, Esquire

24357 U.S. Highway 331, South

Santa Rosa Beach, Florida 32459

For Respondent: R. John Westberry, Esquire

Holt & Westberry

1108 - A North 12th Street

Pensacola, Florida 32501

STATEMENT OF THE ISSUE

Whether Respondent committed offenses, as set forth in the

Administrative Complaint, sufficient to justify the imposition

of discipline with regard to Respondent's Florida educator's

certificate, and if so, what penalties should be imposed?

PRELIMINARY STATEMENT

On Febr uary 13, 2002, Petitioner, Charlie Crist, as the

Commissioner of Education, filed an Administrative Complaint

alleging that William Hendricks, Respondent, had violated

Sections 231.28(1)(c), 231.28(1)(f) and 231.28(1)(i), Florida

Statutes, along with certa in provisions of Rule 6B - 1.006,

Florida Administrative Code.

Respondent subsequently requested a formal administrative

hearing. The matter was then transferred to the Division of

Administrative Hearings to conduct a formal hearing pursuant to

Section 120 .57(1), Florida Statutes.

At the hearing, Petitioner presented the testimony of six

witnesses and offered eight exhibits in evidence. Respondent

testified in his own behalf and presented three exhibits. A

Transcript of the final hearing was filed on Ju ly 26, 2002.

The parties requested and were granted leave to file

proposed recommended orders later than ten days following receipt

of the Transcript. Both parties submitted Proposed Recommended

Orders and those submittals have been duly considered in the

preparation of this Recommended Order.

FINDINGS OF FACT

1. Respondent holds Florida Education Certificate

No. 720360, covering the area of business education, and was

employed in the Santa Rosa County School system during the

2000 - 2001 schoo l term as a business education teacher at Milton

High School.

2. Student S.B. was born April 19, 1983, and attended

Milton High School for four years. During that time, she knew

Respondent as a teacher and coach at the school. As a senior

during the Fa ll of 2001 - 2002 school year, S.B. and her friend,

J.N., another female student, called Respondent on the telephone

as a joke. They told him they were coming to see him at his

house. He said okay.

3. That night, as the two female students left

Respond ent's home after staying about an hour, Respondent kissed

S.B. on the mouth. Later, Respondent called S.B. at her home or

placed calls to her cellular telephone on several occasions.

S.B. also called Respondent. Sometimes, these telephone calls

lasted f or an hour or more.

4. During the 2000 - 2001 school year, S.B. visited

Respondent at his home on at least four and possible as much as

six different occasions. Each visit occurred in the evening at

Respondent's home when S.B. and Respondent were the on ly persons

present. Respondent was a 33 - year - old teacher and S.B., a

17 - year - old student.

5. Respondent and S.B. kissed and embraced each other on

each of the visits by S.B. to Respondent's home. On the last

visit, Respondent removed S.B.'s shir t, fondled her breasts

through her bra and touched her vaginal area through her

clothing. Respondent laid on top of S.B. and pressed his penis

against her vagina through their clothing.

6. Respondent professed his love for S.B. and talked to

her about a future together following her graduation from high

school.

7. Respondent and S.B.'s relationship became the subject

of rumors at Milton High School in March of 2001. Approximately

three teachers had conversations with the Milton High School

assista nt principal that something was going on between S.B. and

Respondent. The assistant principal confronted Respondent on

March 16, 2001. Respondent denied any involvement with the two

female students, S.B. and J.N., beyond two visits with them at

his home where, he claimed, nothing happened between him

and S.B.

8. The assistant principal spoke with S.B. on March 16,

2001, and again confronted Respondent. This time, Respondent

confessed to the relationship. He admitted to three or four

occasions w hen he had kissed S.B. in the course of her visits to

his house and that he had rubbed her breasts over her shirt.

9. Respondent's improper conduct with S.B. became common

knowledge among faculty, parents, and students at Milton High

School. As a resu lt of his admitted misconduct with S.B., the

Santa Rosa County School District suspended Respondent on

April 12, 2001, and that suspension continues in effect pending

the outcome of this proceeding.

10. Respondent's actions with regard to S.B. is imm oral.

A 33 - year - old male teacher kissing, fondling, and hugging a

17 - year - old student is an act of moral turpitude.

11. Respondent's involvement with S.B. and the resulting

publicity have seriously reduced Respondent's effectiveness as a

teacher.

12. Respondent's conduct and actions with S.B. exposed the

student to conditions which were, or could have been, harmful to

her mental and physical health.

13. Respondent's actions knowingly and intentionally

exposed S.B. to unnecessary embarrassme nt and disparagement.

14. Respondent exploited his relationship with S.B. for

personal gain. Respondent carried on a romantic relationship

with a 17 - year - old girl in order to satisfy his own romantic and

sexual desires.

CONCLUSIONS OF LAW

15. The Division of Administrative Hearings has

jurisdiction over this subject matter and the parties to this

action pursuant to Section 120.57(1), Florida Statutes.

16. Petitioner bears the burden of proof in this

proceeding. The evidence must be clear a nd convincing. Ferris

v. Turlington , 510 So. 2d 292 (Fla. 1987).

17. Based on the evidence presented in this proceeding,

Respondent has committed "gross immorality or an act involving

moral turpitude" in regard to his behavior with S.B. and,

consequentl y, is guilty of violation of Section 231.28(1)(c),

Florida Statutes.

18. Respondent's personal conduct also reduced his

effectiveness as a teacher and is found to have violated

Section 231.28(1)(f), Florida Statutes.

19. Respondent's conduct also is f ound to be violative of

the Principles of Professional Conduct for the Education

Profession prescribed by Rules of the State Board of Education.

Specifically, Rule 6B - 1.006(3)(a), Florida Administrative Code,

requires an educator to make a reasonable effo rt to protect a

student from conditions harmful to a student's mental or

physical health. Rule 6B - 1.006(3)(e), Florida Administrative

Code, specifies that an educator will not intentionally expose a

student to unnecessary embarrassment or disparagement. Rule

6B - 1.006(3)(h), Florida Administrative Code, requires that an

educator not exploit a relationship with a student for personal

gain or advantage, such as satisfaction of the romantic or

sexual desires of Respondent in this case.

20. The violation of the Principles of Professional

Conduct for the Education Profession also constitutes a

violation of Section 231.28(1)(i), Florida Statutes.

RECOMMENDATION

Based upon the findings of fact and conclusions of law,

it is

RECOMMENDED that a final orde r be entered finding

Respondent guilty of the offenses set forth in the

Administrative Complaint and revoking Respondent's Florida

Educator Certificate No. 720360.

DONE AND ENTERED this 5th day of September, 2002, in

Tallahassee, Leon County, Florida.

____ _______________________________

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state. fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 5th day of September, 2002.

COPIES FURNISHED :

J. David Holder, Esquire

24357 U.S. Highway 331, South

Santa Rosa Beach, Florida 32459

Kathleen M. Richards, Executive Director

E ducation Practices Commission

Department of Education

325 West Gaines Street, Room 224E

Tallahassee, Florida 32399 - 0400

R. John Westberry, Esquire

Holt & Westberry

1108 - A North 12th Avenue

Pensacola, Florida 32501

Jerry W. Whitmore, Chief

Bureau of Edu cator Standards

Department of Education

325 West Gaines Street, Suite 224 - E

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 Or der. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.