12-001501PL Gerard Robinson, As Commissioner Of Education vs. Jana Marie Lantz Status: Closed Recommended Order on Wednesday, November 7, 2012.

Summary: Teacher's certificate should be suspended for one year to be followed by probation for unprofessional comments and conduct.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GERA R D ROBINSON , AS )

COMMISSIONER OF EDUCATION , )

)

Petitioner , )

)

vs. ) Case No. 1 2 - 1501 PL

)

JANA MARIE LANTZ , )

)

Respondent . )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was

conducted on August 13 and 14, 2012 , by video teleconferencing

between sites in Tallahassee and Lauderdale Lakes, Florida,

before Administrative Law Judge (ALJ) Claude B. Arrington of the

Divis ion of Administrative Hearings (DOAH).

APPEARANCES

For Petitioners: Charles T. Whitelock, Esquire

Whitelock and Associates, P.A.

300 Southeast 13th Street

Fort Lauderdale, Florida 33316

For Responde nt: Jana Marie Lantz, pro se

Post Office Box 813853

Hollywood, Florida 33081

STATEMENT OF THE ISSUES

Whether Jana Marie Lantz (Respondent) committed the

violations alleged in the Amended Administrative Complaint fil ed

by Gerard Robinson , as Commissioner of Education ( the

Commissioner ) on April 24 , 201 2 , and, if so, the discipline that

should be imposed by the Education Practices Commission (EPC)

against Respondent ' s educator certificat e .

PRELIMINARY STATEMENT

Petiti oner filed an Administrative Complaint against

Respondent that contained certain factual allegations and, based

on those factual allegations, alleged that Respondent had

violated certain statutory and rule provisions. By the

Administrative Complaint , Peti tioner asserted that Respondent ' s

teacher ' s certificate should be disciplined. Respondent timely

requested a formal administrative hearing, the matter was

referred to DOAH, and this proceeding followed.

Shortly after the matter was referred to DOAH, Petit ioner

moved for leave to amend the Administrative Complaint and

attached an Amended Administrative Complaint to its motion.

Thereafter, the motion to amend the administrative complaint was

granted and the Amended Administrative Complaint attached to the

m otion was deemed filed as of April 24, 2012.

The Amended Administrative Complaint contained certain

factual allegations and, based on those factual allegations,

charged Respondent with the following violations in six

consecutively numbered counts. The fir st three counts alleged

that Respondent violated certain statutory provisions. The last

three counts alleged that Respondent violated certain rules set

forth in the Florida Administrative Code. 1

Count 1 alleged that Respondent was guilty of gross

immorali ty or an act involving moral turpitude in violati on of

section 1012.795(1) (d), Florida Statutes.

Count 2 alleged that Respondent was guilty of personal

conduct which seriously reduced her effectiveness as an employee

of the school board in violation of s ection 1012.795(1)(g).

Count 3 alleged that Respondent violated the Principles of

Professional Conduct for the Education Profession prescribed by

the State Board of Education rules in violation section

1012.795(1) (j).

Count 4 alleged that Respondent violat ed Florida

Administrative Code Rule 6B - 1.006(4)(a).

Count 5 alleged that Respondent violated Florida

Administrative Code Rule 6B - 1.006(5)(d).

Count 6 alleged that Respondent violated Florida

Administrative Code Rule 6B - 1.006(5)(e).

With the exception of th e guardian of two students (the

guardian) , a ll witnesses who testified at the formal hearing

were School Board employees who, at the times relevant to this

proceeding , were assigned to Thomas Jefferson Middle School

(TJMS) in the capacity indicated in pare ntheses . The

Commissioner presented the following witnesses : Nancy Louise

Weiner (teacher), Cheryl Kushi ( assistant principal), Alexandra

Martillo (assistant principal), Luis Chiles ( guidance

counselor), Chanel Lindsey (teacher), Patrick La C outy (assista nt

principal), Bobbie Barnwell (special education teacher),

Danielle Eugene (teacher), and Maria Fernandez (principal) . In

rebuttal, the Commissioner presented the testimony of Janice

Hoover (physical education teacher). The Commissioner offered

nine con secutively - numbered exhibits, each of which was admitted

into evidence. In addition, the Commissioner offered C omposite

E xhibit 10 , consisting of written statements from the

Commissioner ' s witnesses taken during the course of the

investigation of the alle gations against Respondent.

Respondent testified on her own behalf, and presented the

additional testimony of Arthur Leichner (a teacher on special

assignment and First Vice President of the United Teachers of

Dade), Mercita Wimberly (a physical educatio n teacher and former

media specialist) , Dawn Houston (special education teacher), the

guardian , and Barry Singleton (teacher). Respondent ' s pre -

marked E xhibits 1 - 7, 21 - 23, 26, and 33 - 35 were admitted into

evidence. Respondent ' s pre - marked E xhibits 8, 16 - 20, 24, 25,

and 27 - 32 were offered, but were ruled inadmissible for the

reasons reflected in the T ranscript.

The T ranscript, consisting of three volume s, was filed

September 6, 2012.

The parties timely filed their respective Proposed

Recommended Orders , which have been duly considered by the

undersigned in the preparation of this Recommended Order.

FINDINGS OF FACT

1. Respondent holds Florida E ducator C ertificate 725822,

covering the areas of Athletic Coaching, Biology, Earth - Space

Science, Physical Edu cation, and Social Science. Respondent ' s

Certificate is valid through June 30, 2013.

2. The Commissioner is the head of the state agency

responsible for certifying and regulating public school teachers

in the State of Florida.

3. At all times relevant to this proceeding, Respondent

was employed as a Science Teacher at TJMS, which is a public

school in the Miami - Dade County School District (the District).

4. At all times relevant to this proceeding, Respondent

served as a steward at TJMS for United Tea chers of Dade (UTD).

5 . On January 4, 2011 , a " parent conference " was scheduled

for early morning with the guardian of two students enrolled in

TJMS. Ms. Kushi (an assistant principal) scheduled the meeting.

Eight teachers were scheduled to attend the m eeting. Respondent

taught one of the students and, consequently, attended the

meeting.

6 . Respondent briefly met with the guardian in the hallway

before the door to the meeting room was unlocked. The guardian,

Respondent, and several other teachers ente red the meeting room

after Ms. Kushi unlocked the door to the meeting room .

Ms. Kushi then left the meeting room to remind the teachers who

were not present to come to the meeting.

7 . As Respondent was reviewing her student ' s progress with

the guar dian, Ms. Weiner (a teacher) interrupted and began

speaking with the guardian. Ms. Kushi returned to the meeting

room at that time and also interrupted by commenting on make - up

work for o ne of the students.

8 . Respondent became very angry. Respondent commented

that she had been interrupted and that the meeting was a waste

of her time. Ms. Kushi directed Respondent to sit down.

Respondent refused, gathered her papers, and angrily left the

meeting room.

9 . What happened next is in dispute. There is n o dispute

that the door to the meeting room had been propped open by a

chair. Respondent testified that as she was leaving the meeting

room, she tripped on the chair, fell to the floor, and hurt

herself. She further testified that she pulled herself up a nd

stood the chair up in the middle of the hallway. Respondent ' s

version of the events is contrary to the clear and convincing

evidence presented by Petitioner and is, consequently, rejected.

10 . Petitioner established, by clear and convincing

evidence t hat Respondent picked up the chair and threw it down

the hallway. 2

11 . Mr. Chiles (guidance counselor) and Mr. LaCouty

(assistant principal) were in the hallway walking in a direction

that had their backs to Respondent when Respondent entered the

hallwa y. Upon hearing a noise, they turned around and saw

Respondent standing in the hallway and the chair sliding away

from her. Mr. LaCouty asked Respondent , " What was that? "

Respondent walked toward the exit and responde d , " It ' s what you

think. " Mr. LaCou ty stated , " Ms. Lantz, you threw a chair down

the hallway. " Respondent replied , " Please, " and left the

building.

12 . Mr. LaCouty informed Ms. Fernandez (principal) of the

incident. Later that day, Ms. Fernandez and Mr. LaCouty met

with Respondent to d iscuss the incident. Ms. Fernandez asked

Respondent why she had thrown the chair down the hall.

Respondent responded that it was " better than hitting her upside

her head. " The reference to " her " was to Ms. Kushi.

13. During this meeting, Respondent b ecame angry.

Respondent told Ms. Fernandez that she did not want Mr. LaCouty

to be present at the meeting because she " didn ' t trust him to

throw out my trash. " Respondent at one point jumped to her feet

and made an aggressive move toward Mr. LaCouty. Re spondent made

derogatory and insulting comments directed towards Ms. Fernandez

and Mr. LaCouty. Respondent likened Ms. Fernandez to " Castro, "

and asked if this is a " communist country. " Ms. Fernandez, a

Cuban - American, was insulted by Respondent ' s commen ts.

14. Respondent ' s conduct on January 4, 2011, as described

above, constituted misconduct that impaired her effectiveness as

a school board employee.

15. On November 2, 2011, Respondent, Ms. Martillo

(assistant principal) and Ms. Fernandez met to dis cuss

Respondent ' s use of e - mail for UTD business. During that

meeting, Respondent became very angry and called Ms. Fernandez a

" racist pig. " As she exited the office, Respondent angrily

yelled " I am tired of dealing with you three pigs, " referring to

thr ee administrators in the office. Respondent ' s comments were

rude, insulting, and unprofessional.

16. On November 4, 2011, Mr. LaCouty asked Respondent to

leave a Leadership Team Meeting because Respondent was not a

member of the team. In response, Res pondent shouted to Mr.

LaCouty: " I will not rest until I have you arrested. "

17. On November 15, 2011, Respondent disrupted a meeting

being led by Mr. LaCouty to name the TJMS Teacher of the Year

and Rookie Teacher of the Year. Respondent called Mr. LaCo uty a

bully, and asserted that she was his superior (because of her

position in UTD).

18. Respondent 's repeated name - calling of administrators

as described above, constituted misconduct that impaired her

effectiveness as a school board employee.

19. Ms . Fernandez has reprimanded Respondent for her

misconduct on at least two occasions.

CONCLUSIONS OF LAW

20 . DOAH has jurisdiction over the subject matter of and

the parties to this proceeding pursuant to sections 120.569 and

120.57(1).

21 . In this proc eeding the Commissioner seeks to

discipline Respondent ' s Florida E ducator C ertificate.

Consequently, the Commissioner has the burden of proving by

clear and convincing evidence the allegations against

Respondent. See Ferris v. Turlington , 510 So. 2d 292 (Fla.

1987); Evans Packing Co. v. Dep ' t of Agric . & Consumer Servs . ,

550 So. 2d 112 (Fla. 1st DCA 1989); and Inquiry Concerning a

Judge , 645 So. 2d 398 (Fla. 1994).

22 . Section 1012.795(1) provides, in relevant part, as

follows:

(1) The Education Practic es Commission may

suspend the educator certificate of any

person as defined in s. 1012.01(2) or (3)

for up to 5 years, thereby denying that

person the right to teach or otherwise be

employed by a district school board or

public school in any capacity requi ring

direct contact with students for that period

of time, after which the holder may return

to teaching as provided in subsection (4);

may revoke the educator certificate of any

person, thereby denying that person the

right to teach or otherwise be employ ed by a

district school board or public school in

any capacity requiring direct contact with

students for up to 10 years, with

reinstatement subject to the provisions of

subsection (4); may revoke permanently the

educator certificate of any person thereby

denying that person the right to teach or

otherwise be employed by a district school

board or public school in any capacity

requiring direct contact with students; may

suspend the educator certificate, upon an

order of the court or notice by the

Department of Revenue relating to the

payment of child support; or may impose any

other penalty provided by law, if the

person:

* * *

(d) Has been guilty of gross immorality or

an act involving moral turpitude as defined

by rule of the State Board of Educati on.

* * *

( g ) Upon investigation, has been found

guilty of personal conduct that seriously

reduces that person ' s effectiveness as an

employee of the district school board.

* * *

(j) Has violated the Principles of

Professional Conduct for the Education

Profession prescribed by State Board of

Education rules.

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

provides, in relevant part, as follows:

(4) Obligation to the public requires that

the individual:

* * *

(b) Shall not intenti onally distort or

misrepresent facts concerning an educational

matter in direct or indirect public

expression.

24 . Florida Administrative Code Rule 6B - 1.006(5) provides,

in relevant part, as follows:

(5) Obligation to the profession of

education require s 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 information

on any document in connection with

professional a ctivities.

* * *

(n) Shall report to 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.

25. Count 2 of the Amended Administrat ive Complaint

alleged that Respondent is " in violation of section

1012.795(1)(d) in that Respondent has been guilty of gross

immorality or an act involving moral turpitude as defined by

rule of the State Board of Education. "

26 . No rule defines the term " gross immorality. " However,

Florida Administrative Code Rule 6B - 4.009(2) contains the

following definition of the term immorality:

(2) Immorality is defined as conduct that

is inconsistent with the standards of public

conscience and good morals. It is c onduct

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.

27 . " Gross immorality " has been defined to mean an act of

misconduct that is serious, rather than minor in nature; it is a

flagrant disregard of proper moral standards. See Edu c.

Practices Comm ' n v. Knox , 3 FALR 1373 - A (Fla. Dept. of Educ .

1981) and Frank T. Brogan v. Eston Mansfield , Case No. 96 - 0286

(Fla. DOAH Aug. 1, 1996; Fla. Educ . Practices Comm ' n Oct. 18,

1996).

28 . Florida Administrative Code Rule 6B - 4.0009(4) provides

as follows:

(6) Moral turpitude is a crime that is

evidenced by an act of baseness, vileness or

depravity in the private and social duties,

which, ac cording 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.

29 . The Commissioner failed to prove by clear and

co nvincing evidence that Respondent ' s actions rose to the level

of gross immorality or moral turpitude within the meaning of

section 1012.795(1)(d) .

30 . The Commissioner proved by clear and convincing

evidence that Respondent was guilty of misconduct that i mpaired

her effectiveness as a school board employee as alleged in

Count 2 .

31 . Florida Administrative Code Rule 6B - 4.0009( 3 ) provides

as follows:

(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 individual ' s effectiveness in the

school system.

32 . The rule requires a two - pronged analysis. First was

there a violation of the Code of Ethics or the Principles of

Professional Conduct. If so, the second prong is whether the

violation is so serious as to impair the individual ' s

effectiveness in the school system . The first prong was

established.

33 . As to the second prong there was clear and convincing

evidence that Respondent ' s effectiveness as a school employee

had been reduced . Even without that evidence , the Commissioner

correctly argues that Respondent ' s reduced effectiveness may be

inferred from the nature and seriousness of the conduct, citing,

Walker v. Highlands Cnty. Sch. Bd. , 752 So. 2d 127 (Fla. 2 DCA

2000) and P urvis v. Marion Cnty. Sch. Bd. , 766 So. 2d 492 (Fla.

5th DCA 2000).

34. Respondent de nies many of the factual allegations that

underpin this proceeding, but defends others, including comments

to administrators, based on her role in the UTD. While a UTD

steward does have certain authority, that authority does not

extend to the right to thr ow chairs and insult administrators.

Respondent ' s conduct should not be tolerated in a public school .

35 . Count 3 alleged that Respondent violated one or more

principles of professional conduct for the educational

profession prescribed by the State Boa rd of Education Rules in

violation of section 1012.795(1)(k) .

36. Counts 4, 5, and 6 alleged that Respondent violated,

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

(5)(d), and (5)(e).

37. Florida Administrative Code Rule 6B - 1.006 prov ides, in

relevant part, as follows:

(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.

* * *

(4) Obligation to the public requires that

the individual:

(a) Shall take reasonable precautions to

distinguish between personal views and thos e

of any educational institution or

organization with which the individual is

affiliated.

* * *

(5) Obligation to the profession of

education requires that the individual:

* * *

(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

r easonable 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.

38. Petitioner failed to prove by clear and convincing

evidence that R espondent violated the provisions of Florida

Administrative Code Rule 6B - 1.006(4)(a) as alleged in Count 4.

While it is clear that Respondent ' s conduct has not been

reasonable, she has expressed no personal views that are

inconsistent with those of TJMS.

39. Petitioner proved by clear and convincing evidence

that Respondent ' s conduct towards Mr. LaCouty and Ms. Fernandez

violated the provisions of Florida Administrative Code Rule 6B -

1.006(5)(d) and (e) as alleged in Counts 4 and 5, thereby

violating the provisions of section 1012.795(1)(k), as alleged

in Count 3. Respondent repeatedly used offensive slurs in

addressing these administrators which created a hostile,

intimidating, abusive, offensive, or oppressive environment,

thereby violating Florida Adm inistrative Code Rule 6B -

1.006(5)(d) . Moreover, Respondent falsely accused Mr. LaCouty

of bullying her, thereby violating Florida Administrative Code

Rule 6B - 1.006(5)(e).

40 . In making the recommendation that follows, the

undersigned has considered the Disciplinary Guidelines set forth

in Florida Administrative Code Rule 6B - 11.007 and the respective

arguments of the Commissioner and Respondent .

41. The Commissioner recommends in his Recommended Order

that " Respondent ' s educator certificate be suspende d for a

period of five (5) years. Prior to re - employment, in an

educational setting, Respondent shall be required to undergo a

RNP evaluation to insure that she is safe around children,

followed by three (3) years of probation with conditions set by

the E ducation Practices Commission ( " EPC). " The undersigned

understands the reference to " RNP " to be to the Recovery Network

Program. The undersigned considers the Commissioner ' s

recommendation to be reasonable under the circumstances, with

the exception of t he recommendation that Respondent ' s

certificate be suspended for five years. That length suspension

is not warranted by the facts of this case.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Edu cational Practices Commission

enter a final order finding Respondent guilty of the violations

alleged in Counts 1, 2, 3, 5, and 6 of the Amended

Administrative Complaint. It is further recommended that the

final order suspend Respondent ' s Florida Educator ' s Certificate

for a period of one year to be followed by a three - year period

of probation, with both the suspension and the probation to be

subject to terms and conditions imposed by the Commission. It

is further recommended that Respondent be required t o pass a

fitness for duty evaluation prior to reemployment in a position

that requires an educator ' s certificate.

DONE AND ENTERED this 7 th day of November , 201 2 , in

Tallahassee, Leon County, Florida.

S

CLAUDE B. ARRING TON

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 Administrati ve Hearings

this 7 th day of November , 201 2 .

ENDNOTE S

1 Each statutory reference is to Florida Statutes (2012), and

each reference to a rule is to the rule published in Florida

Administrative Code as of the date o f this Recommended Order.

2 Petitioner ' s exhibit 7 is a video of the hallway taken by the

school ' s security cameras. The video captures the scene in the

hallway at the relevant time. Respondent contends that the

video was staged and is unreliable. For the reasons reflected

in the T ranscript, the undersigned admitted the video over

Respondent ' s objection. It should be noted for the record that

the undersigned has relied on the testimony presented at the

formal hearing, and not the video, in making the findings set

forth in this Recommended Order because of the video ' s lack of

clarity.

COPIES FURNISHED :

Kathleen M. Richards, Executive Director

Education Practices Commission

Department of Education

Turlington Building, Suite 224

325 West Gaines Str eet

Tallahassee, Florida 32399 - 0400

Charles T. Whitelock, Esquire

Charles T. Whitelock, P.A.

Suite E

300 Southeast 13th Street

Fort Lauderdale, Florida 33316

Jana Lantz

Post Office Box 813853

Hollywood, Florida 33081

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

Lois Tepper, Interim General Counsel

Department of Education

Turlington Building, Suite 1244

325 We st 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 fi led with the agency that

will issue the Final Order in this case.