10-009244TTS Orange County School Board vs. Monica Mahtani Status: Closed Recommended Order on Wednesday, April 6, 2011.

Summary: Falsification of documentation for otherwise unexcused absence is misconduct in office sufficient to warrant termination.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ORANGE COUNTY SCHOOL BOARD , )

)

Petitioner , )

)

vs. ) Case No. 10 - 9244

)

MONICA MAHTANI , )

)

Respondent . )

)

RECOMMENDED ORDER

On January 25, 2011, a formal administrative hearing was

conducted by video tele conference in Tallahassee and Orlando,

Florida, before William F. Quattlebaum, Administrative Law

Judge, Divisi on of Administrative Hearings.

APPEARANCES

For Petitioner: John C. Palmerini, Esquire

Orange County School Board

445 West Amelia Street

Orlando, Florida 32801

For Respondent: Derek B. Brett, Esquire

Egan, Lev & Siwica, P.A.

Post Office Box 2231

Orlando, Florida 32802

STATEMENT OF THE ISSUE

The issue in this case is whether the Orange County School

Board (Petitioner) has just cause to terminate the employment of

teacher , Monica Mahtani (Respondent).

PRELIMINARY STATEMENT

By an Administrative Complaint dated September 8, 2010, the

Petitioner all eged that , in June 2010, the Respondent failed to

return from previously - approved medical leave, submitted false

documentation to justify the unapproved absence, and was

untruthful when the Petitioner inquired as to the origin of the

documentation .

The Res pondent denied the allegations and requested a

formal administrative hearing. The Petitioner forwarded the

dispute to the Division of Administrative Hearings , which

scheduled and conducted the proceeding.

At the hearing, the Petitioner presented the testi mony of

two witnesses and had Exhibits 1 through 10 admitted into

evidence. The Respondent testified on her own behalf and had

Exhibits 1 through 6 admitted into evidence.

A T ranscript of the hearing was filed on February 10, 2011.

The Respondent's Unopp osed Motion for Extension of the deadline

for filing Proposed Recommended Orders was granted on

February 18, 2011. Both parties thereafter filed Proposed

Recommended Orders that have been considered in the preparat ion

of this Recommended Order.

FINDINGS OF FACT

1. At all times material to this case, the Respondent was

employed as a first grade classroom teacher at Shingle Creek

Elementary School (SCES) by the Petitioner under a professional

services contract.

2. According to performance evaluations, the Respondent

has been consi dered as an effective teacher.

3. The Respondent was on authorized medical leave from

May 3, 2010 , through June 4, 2010.

4. The Respondent did not return to work on June 7, 2010,

and was absent from that date through J une 11, 20 10.

5. Attempts by school personnel to contact the Respondent

during June 7 through June 11, 2010, and to determine her

whereabouts were unsuccessful.

6. By letter to the Respondent dated June 11, 2010, the

SCES p rincipal noted that the Respondent's appr oved leave had

expired on June 4, 2010. The letter advised the Respondent

that, because school personnel had been unable to contact the

Respondent and no documentation to support the unapproved

absence had been submitted, the unapproved absence was being

classified as unauthorized leave witho ut pay.

7. In response to the p rincipal's letter, the Respondent

submitted a document dated June 23, 2010, purporting to be

authored by "The Providers at Orlando Behavioral Healthcare,"

which stated that the Responden t had been under the care of

doctors and therapists at the facility for a period of time

including June 7 through June 11, 2010. The document was not

printed on letterhea d paper and bore no signature.

8. Upon review of the document and after contacting

officials at Orlando Behavioral Healthcare (OBH), the Petitioner

determined that the document dated June 23, 2010 , was not

generated by OBH .

9. Upon inquiry at a predetermination meeting conducted on

August 18, 2010, the Respondent insisted that the docum ent was

genuine and had been provided by OBH.

10. At a termination meeting conducted on August 31, 2010,

the Respondent admitted that she had generated the document. No

one from OBH was involved in the creation of the June 23 , 2010,

document.

11. At the time the Respondent falsified the document, she

knew the dif ference between right and wrong and knew that

cr eating the document was wrong.

12. At the hearing, the Respondent asserted that she

submitted a written request for leave for the period of June 7

through June 11, 2010, but there was no documentation or

additional testimony offered in support of the assertion, and it

has not been credited.

13. The Respondent testified that certain medications may

have affected decisions underlying the circumstances at issue in

this proceeding, but there was no credible medical or

pharmacological evidence offered in support of the assertion,

and the te stimony has not been credited.

14. Because the Respondent falsified the document and then

insisted upon inquiry that the document was authentic, the SCES

p rincipal testified, without contradiction, that she did not

believe that the Respondent could be trus ted. The p rincipal

testified that she would be "very uncomfortable" were the

Respondent returned to teach in the SCES classroom. Th e

testimony has been credited.

CONCLUSIONS OF LAW

15. The Division of Administrative Hearings has

jurisdiction over the parties to a nd subject matter of this

proceeding. §§ 120.569 and 120.57(1), Fl a. Stat . (2010).

16. The Petitioner has the burden of proving by a

preponderance of the evidence the allegations set forth in the

Administrative Complaint underlying the proposed termination of

the Respondent's employment. McNeill v. Pinellas Cnty . Sch .

Bd . , 678 So. 2d 476 (F la. 2d DCA 1996); Dileo v. Sch . Bd . of

Dade Cnty . , 569 So. 2d 883 (Fla. 3d DCA 1990). In this case,

the burden has been met.

17. At all times material to this case, the Respondent was

employed as a first grade teacher through a professional

services cont ract with the Petitioner .

18. Section 1012.33(1)(a), Florida Statutes (2010),

provides as follows:

Each person employed as a member of the

instructional staff in any district school

system shall be properly certified pursuant

to s. 1012.56 or s. 1012.57 or employed

pursuant to s. 1012.39 and shall be entitled

to and shall receive a written contract as

specified in this section. All such

contracts, except continuing contracts as

specified in subsection (4), shall contain

provisions for dismissal during th e 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: immorality,

misconduct in office , incompetency, gross

insubordination, willful neglect of duty, or

being convicted or found guilty of, or

entering a plea of guilty to, regardless of

adjudication of guilt, any crime involving

moral turpitude. (Emphasis supplied)

19. Florida Administrative Code Rule 6B - 4.009 provides the

following relevant de finitions:

(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, F.A.C., and the Principles of

Professional Conduct for the Education

Profession in Florida as adopted in

Rule 6B - 1.006, F.A.C., which is so serious

as to impair the individualÓs effectiveness

in the school system.

20. The Code of Ethics of the Education Profession in

Florida is set forth at Florida Administrative Code

Rule 6B - 1.001 and provides, in relevant part, as follows:

6B - 1.001 Code of Ethics of the Education

Profession in Florida.

* * *

(2) The educatorÓs primary professional

concern will always be for the student and

for the development of the studentÓs

potential. The educator wil l 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 oneÓs

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.

21. The Principles of Professional Conduct for the

Education Profession in Florida are set forth at Florida

Administrative Code Rule 6B - 1.006 and provides, in relevant

part, as follows:

6B - 1.006 Principles of Professional Conduct

for the Education Profession in Florida.

* * *

(5) Obligation to the profession of

education requires that the individual:

(a) Shall maintain honesty in all

profession al dealings.

* * *

(h) Shall not submit fraudulent information

on any document in connection with

professional activities.

22. The evidence established that by falsifying the

document referenced herein and then by insisting that the

document had been provided by OBH and that the document was

authentic, the Respondent committed misconduct in office by

violating the cited provisions of the Code of Ethics and the

Principles of Professional Conduct for the Education Profession .

23. The evidence f urther establishes that the Respondent's

misconduct was so serious as to impair her effectiveness in the

school system. At the hearing, t he SCES p rincipal testified ,

without contradiction , that she did not believe that the

Respondent could be trusted beca use the Respondent falsified the

OBH document and then insisted upon inquiry that the document

was authentic and that she would be "very uncomfortable" if the

Respondent returned to teach in the SCES classroom.

24. Orange County School Board Policy GCC st ates as

follows:

Any employee who is willfully absent from

duty without leave shall forfeit

compensation from the time of the absence

and shall be subject to suspension or

dismissal from employ ment.

25. The evidence establishes that the Respondent was

wi llfully absent without approved leave for the period of June 7

through June 11, 2010.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Orange County School Board enter

a f inal o rder, terminating the employment of Monica Mahtani.

DONE AND ENTERED this 6th day of April , 2011 , in

Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

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 6th day of April , 2011 .

COPIES FURNISHED :

Derek B. Brett , Esquire

Egan, Lev & Siwica, P.A.

Post Office Box 2231

Orlando, Florida 32802

John C. Palmerini, Esquire

Orange County School Board

445 West Amelia Street

Orlando, Florida 32801

Lois Tepper, Acting General Counsel

Department of Education

Turlington Building, S uite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

Dr. Eric J. Smith, Commissioner of Education

Department of Education

Turlington Building, Suite 1514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

Ronald (Ron) Blocker, Superintendent

Orange County School Board

445 West Amelia Street

Orlando, Florida 32801

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.