14-001341TTS Duval County School Board vs. Joyce Quiller Status: Closed Recommended Order on Wednesday, July 16, 2014.

Summary: School Board proved violation of the Principles of Professional Conduct, but termination of employment is not warranted.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DUVAL COUNTY SCHOOL BOARD,

Petitioner,

vs. Case No. 14 - 1341TTS

JOYCE QUILLER,

Respondent.

_______________________________/

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this

case on May 28 - 29, 2014, in Jacksonville, Florida, before

Administrative Law Judge R. Bruce McKibben of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Wendy E. Byndloss, Esquire

Assistant General Counse l

City of Jacksonville

Office of the General Counsel

117 West Duval Street, Suite 480

Jacksonville, Florida 32202

For Respondent: Stephanie M. Scha a p, Esquire

Duval Te achers United

1601 Atlantic Boulevard

Jacksonville, Florida 32207

STATEMENT OF THE ISSUE

The issue in this case is whether just cause exists to

discipline Respondent based on allegations that she used

inappropriate language when talking to st udents in violation of

the Code of Ethics and/or the Principles of Professional Conduct,

and if so, what discipline should be imposed.

PRELIMINARY STATEMENT

By letter dated February 26, 2014, Dr. Nikolai P. Vitti,

Superintendent of Schools, issued a lett er to Respondent,

Joyce Quiller, indicating that the Duval County School Board (the

"School Board") had approved termination of QuillerÓs employment

effective immediately. Quiller requested a formal administrative

hearing to contest the School Board 's act ion.

At the final hearing, the School Board called the following

witnesses: Pamela Davis, principal for the Bridge for Success

Program (the "Bridge") ; T.C., student; C.F., student;

Nicole Micheau, assistant principal at the Ribault High School

campus for the Bridge; C.B., student; Alex Crimley, security

guard at the Ribault campus of the Bridge; A.P., student;

Sonita Young, chief human resource officer for the School Board;

Dwayne Thomas, assistant principal at Edward White High School;

Aaron Clements, in vestigator; Lya Crowden - Richardson, reading

teacher for the Bridge; Cheryl Quaintance, site coordinator for

the Bridge; R ita Franklin, retired assistant principal; and F.H.,

student. School Board E xhibits 1 - 2, 4 - 10, and 13 were admitted

into evidence. (A ll hearsay evidence was admitted subject to

corroboration by competent, non - hearsay evidence. To the extent

such hearsay was not corroborated, it will not be used as a basis

for any finding herein.)

Respondent called two witnesses: D.R., student; and Qui ller

on her own behalf. Respondent did not offer any exhibits into

evidence.

The parties advised the undersigned that a transcript of the

final hearing would be ordered. They were given ten days from

the date the transcript was filed at DOAH to submit proposed

recommended orders. The T ranscript was filed on June 18, 2014,

making the proposed recommended orders due on or before Monday,

June 30, 2014. The parties then requested and were granted leave

to file their respective proposed orders by July 7, 2 014. Each

party timely submitted a Proposed Recommended Order, and both

parties' submissions were given due consideration in the

preparation of this Recommended Order.

Unless specifically stated otherwise herein, all references

to Florida Statutes shall b e to the 2013 codification.

FINDINGS OF FACT

1. The School Board is responsible for hiring, firing , and

overseeing all employees for public schools within Duval County.

In addition to the regular K - 12 classes, the School Board has

created the Bridge for Success program. The Bridge operates at

eight sites within the Duval County school system. One of those

sites is Ribault High School (ÐRibaultÑ).

2 . The Bridge is a new program, created to assist students

who ha ve fallen behind their chronologically - age d peers due to

academic or other problems. The program is an innovative

approach aimed at helping students who have fallen behind catch

up with their peers and graduate from high school at about the

same time as others of their same age. Many of the stud ents in

the Bridge program have behavioral issues as well as academic

struggles. They can be a difficult group of students to teach.

The goal of the Bridge program is Ðto promote and graduateÑ those

students, to improve their attendance, and to teach the m how to

function as students. At its inception , there were 864 students

in the program, distributed among the eight campuses. There were

108 students assigned to Ribault. By the end of the first school

year, only 75 to 80 students remained in the progr am at Ribault.

Some students had dropped out of school, some had moved to a

different school, and it was difficult midway through the school

year to replace those who had left.

3. At all times relevant hereto, Quiller was a math teacher

in the Bridge p rogram at the Ribault location. She was hired for

that position just prior to the 2013 - 2014 school year , the final

year of the Bridge program . She had been teaching in the Duval

County school system as a mathematics teacher for 21 years.

Quiller is a gr aduate of Ribault and has very strong ties to the

school.

4. Quiller was chosen as a teacher for the Bridge program

for many reasons: she was a graduate of Ribault and held a

special place in her heart for the school and its students; she

was certified i n grades six through 12 for math, a less than

common certification; she had a masterÓs degree in Guidance,

giving her a better background and training for facing the Bridge

students; she had been previously assigned to an alternative

school for behavioral problem students; and, she demonstrated the

kind of caring personality necessary for the challenges of

teaching such students.

5. When Quiller was hired, she mistakenly thought her

position would be in the area of guidance. However, she was

hired to teac h math, partly in recognition of her status as a

certified teacher in that area. She was hired to teach several

math classes in the Bridge program, including Algebra I and II,

Math for College, and Geometry.

6. At the beginning of the 2013 - 2014 school ye ar, the

Bridge was not entirely ready for implementation at Ribault.

There was a shortage of books and other materials and the program

had not yet filled all the required staff positions. The start -

up of the program was a challenge for both the teachers and

school administrators. Also, the students in the Bridge program

were not always cooperative or interested in school. No one

denies that it was a difficult situation for all involved.

7. D espite the lack of materials and adequate staff,

QuillerÓs cla sses began relatively well . She was a very strict

teacher, demanding participation by all students regardless of

their level of interest. She expected and required each student

to be fully prepared when they entered the classroom. For

example, the stude nts were expected to have pen/pencil and paper,

to have their homework completed, and to be ready for class. She

was, however, very frustrated at times because many of the

students seemed to ignore the fact that they were being given a

second chance. The y continued to demonstrate the kind of

behavior that caused them to fall behind in the first place. As

a result of their behaviors, many of the students in her class es

were failing. Most of the students who testified at final

hearing were in agreement th at the classroom was fairly unruly,

but agreed that Quiller was a stern disciplinarian and reacted

promptly to quell any disruptions. Conversely, o ne student said

the class was always quiet and that Quiller would make anyone

making noise leave the classro om.

8. Principal Davis began getting some complaints about

Quiller beginning in September 2013, a month or so after

commencement of the school year. The first complaints were

relayed to her from assistant principal Micheau. During the

first pep rally o f the year (in late August), Micheau had been

sitting with a group of students who were being disciplined and

therefore , could not attend the rally. The students brought up

unsolicited complaints about Quiller, saying that Quiller had

used profanity towar ds her students. Micheau relayed these

allegations to Principal Davis and Davis instructed Micheau to

meet with Quiller and remind her that such language was not

acceptable. Micheau met with Quiller and attempted to explain --

without being accusatory -- tha t it was improper to use such

language in front of students. Quiller denied ever having used

inappropriate language with students; Micheau took Quiller at her

word at that time.

9. Sometime later, Micheau heard loud talking emanating

from QuillerÓs class room area. When she investigated, she saw

Quiller standing in the hallway next to her room. She was

yelling loudly at a student and was obviously very upset.

Micheau attempted to call her over and calm her down, calling out

her name over and over, ÐMs. Quiller. Ms. Quiller. Ms. Quiller.Ñ

Quiller yelled at Micheau to reprimand the student rather than

her, saying, ÐYou [Micheau] need to talk to these damn kids!Ñ

Micheau, shocked at QuillerÓs language and her anger, removed the

student from the classroom, and went back to her office.

10. A few weeks later, Micheau was in her office adjacent

to QuillerÓs classroom. She and Rita Franklin, who was at the

school that day as a School Improvement Coach, heard a loud

commotion outside the office and went to inv estigate. When they

came out of the office , they saw the school security guard

already moving toward the sounds emanating from QuillerÓs

classroom. Upon arrival at the classroom, Micheau and Franklin

heard Quiller talking very loudly to her students. Sh e

threatened to throw one studentÓs test paper into the trash. She

told the students that the work they were being asked to do was

third - grade work and they still could not get it right. She

referred to the students as ÐhooligansÑ or Ðhoodlums.Ñ When

Qu iller saw Micheau and Franklin outside her door, she reduced

the volume and changed the content of her comments to the

students. QuillerÓs demeanor and actions were inconsistent with

professional behavior by a teacher .

11. Quiller denies making any of the alleged statements,

except for the comment about some of the work being third - grade

level. According to Quiller, t hat comment was made about some

supplemental work she had assigned to an algebra project; she

told the students it was third - grade work s o they sh ould not be

intimidated by it. As to the comments about being flunkies,

Quiller maintains that all she said was that the boys were

flunking her class, although that would not have been an

appropriate thing to say in front of other students. Whil e

Quiller seems to be generally honest and forthright, the most

credible evidence is that she made remarks to the students along

the lines of what Franklin and Micheau reported.

12. Crimley, the security guard who was also present during

one of the outbu rsts, heard Quiller say something about Ðgetting

this kid out of my damn class.Ñ Crimley usually went into

QuillerÓs classroom three - to - five times a day but never heard her

curse at students during those visits. Crimley attempted to

testify at final hear ing that some students had recanted their

accusations against Quiller because Ðit had gone too farÑ and

they did not want Quiller to be sanctioned. That testimony was

not allowed due to its hearsay nature, but it is also

inconsistent with the testimony of the students who testified at

final hearing.

13. On another occasion, Quiller was talking loudly to a

student named Wayne and one or two other male students. The boys

were doing some sort of vulgar dance and were attempting to enter

the classroom at abo ut the time the tardy bell was ringing.

Quiller said something to the effect of Ðyou are a bunch of

flunkies and you need my classÑ and Ðyour dirty ass canÓt come

into my class.Ñ Both Micheau and another teacher, Ms. Crowden -

Richardson, heard those comme nts.

14. By the end of the first semester, i.e., about the time

of the winter break from school, Principal Davis began getting

additional complaints from students and their parents about

Quiller. T.C., who was likely about to fail QuillerÓs class,

rememb ers hearing Quiller saying such things as Ðyou kids canÓt

remember [sh -- ],Ñ and Ð[N --- s] always coming into my class and

sleeping,Ñ and she said students were coming into her class when

high on drugs. C.F., who had a D and C on his first two grade

reports from Quiller's class , heard Quiller say, ÐYÓall donÓt do

[sh -- ],Ñ and also that students had been Ðsmoking weed.Ñ A.P., a

D and F student in QuillerÓs class, reported that Quiller told

the class to Ðshut the [f --- ] up,Ñ told kids to get their ÐassÑ

out o f the classroom, and referred to students as Ð[N --- s].Ñ

A.P. said these things were not yelled in anger, but in a normal

tone of voice. F.H., an admittedly problem student, remembers

Quiller telling a student to ÐSit your ass down and come to class

on ti me.Ñ She also heard Quiller say, Ð[N --- ], please,Ñ or some

such comment.

15. None of the aforementioned studentsÓ testimony was

individually very persuasive. Each of the students was

struggling in class and had received their poor grades just prior

to t he time of the comments they reported hearing. It is

certainly possible they had an axe to grind with Quiller. One

student (D.R.) who testified that he never heard Quiller make

such comments was passing the class, had regular attendance, and

generally co mmended Quiller for being strict and stern with

problem students.

16. Nonetheless, the studentsÓ description of QuillerÓs

comments and behavior was fairly consistent. The things they

reported Quiller saying were very similar to contemporaneously

written statements from them and other students. The alleged

remarks were similar in nature to one another but not exactly the

same, so the comments did not seem rehearsed or planned. The

students were very direct and unwavering when testifying at final

hearing. The greater weight of the evidence supports the

contention that Quiller used inappropriate language in her

classroom.

17. In the letter notifying Quiller of her termination from

employment, it is alleged that Quiller made the following

inappropriate com munications:

• ÐKids do not do [sh -- ],Ñ

• ÐYou all should know this [sh -- ] already,Ñ

• ÐShut the [f --- ] up,Ñ

• ÐGet out of my [f --- ing] class,Ñ

• ÐYou do not do your [f --- ing] work,Ñ

• ÐYou little [N --- s],Ñ and

• ÐYou are all some lazy [N --- s] for coming

to class late. Ñ

18. There was not enough credible testimony to support all

of the allegations that each of those things was said to students

or in the presence of students. There was, however, sufficient

evidence to support that some of those statements had likely be en

made. The contemporaneous written statements by students and

staff support the verbal recollections made at final hearing, at

least in part.

19. While the students were making disparaging comments

about Quiller, she was in turn making complaints to school

administration concerning the program. She lamented the lack of

materials and raised concerns about her own safety in the

classroom. More than once, Quiller walked out of her classroom

as she became too frustrated to teach. It was undoubtedly a very

difficult situation for Quiller and other teachers.

20. All in all, the Bridge program had elements of success

as well as some problems. Some of the students were able to

graduate with their classmates, some were able to catch up to

those in their age cohorts, and some came to the realization that

school simply would not be appropriate for them. The program

gave students a good chance to make up for past failures. But it

was not a panacea and did not work for everyone.

21. Quiller asked that cert ain students be removed from her

classes because she believed they were poisoning the other

students. Some were removed, some were not. Quiller gave far

more D ' s and F ' s to her students than other teachers in the

program. Many of her students began to r eceive passing grades

after Quiller was replaced , however . Quiller maintains that the

low grades were given because the students earned them, i.e.,

they were not issued as punishment or retribution for bad

behavior . But the studentsÓ subsequent success u nder a different

teacher suggests otherwise.

22. Quiller appeared unemotional and stoic when discussing

the allegations against her. Some of her responses to questions

at final hearing seemed to be aimed at avoiding the allegations

rather than denying th em. She had undeniably been placed in a

very trying and vexatious situation and tried to make the best of

it, but she very well may have crossed the line at times with her

words and behavior. It is impossible to place oneself in the

environment in which Quiller was working, but it is easy to see

that the classroom problems she faced could drive a person to

outbursts on occasion. As opined by Davis and Micheau, there is

never a valid reason to curse at students, but there are times

when doing so could be more understandable.

23. Quiller had been reprimanded in the past for using

profanity in the presence of students. She received discipline

on two separate occasions for her language. While she denied the

allegations, there is some support for the premi se that Quiller,

on occasion, used profanity around or directly to her students.

Even those who support her recognized that Quiller would

sometimes use profanity, albeit fairly innocuous and restrained

in nature.

24. There is a strong suggestion in the t estimony that

Quiller was using such language in the hopes it would resonate

with these students, de scribed as the worst of the worst.

However, there is no acceptable rationale for using such language

around students.

25. Quiller was placed in an almost untenable situation

with the students assigned to her classes. They were unruly and

generally well behind academically. She did not have all the

tools needed to work with the students and her classes were too

large. Nonetheless, she was expected to mai ntain her composure

and professionalism. While that is easy to say without Ðwalking

a mile in her shoes,Ñ it is still a prerequisite for teaching

that the teacher act professionally and not do anything to

disparage the students.

26. Quiller was by all a ccounts a good teacher prior to her

involvement in the Bridge for Success program. She received a

most difficult teaching certification and had favorable annual

reviews for most of her time as a teacher. She was sought and

hired as a teacher at Ribault o n the basis of her distinguished

career and training. She is not a bad person or a bad teacher.

However, she succumbed to a harsh situation and failed to

maintain her decorum.

27. QuillerÓs prior disciplinary history included the

following:

• December 20 01 -- A written reprimand (Step II

discipline) for using profanity in the

presence of students;

• April 2013 , 11 years later -- A verbal

reprimand (Step I) for making an

inappropriate comment to a student;

• October 2013 -- A written reprimand (Step II)

for using profanity and derogatory language

in the presence of students; and

• February 26, 2014 -- The notice of

termination at issue in the present case

(Step IV).

28. The School Board began its recent discipline of Quiller

with a Step I verbal reprimand followed by a Step II written

reprimand. Due to the nature of QuillerÓs conduct, the School

Board did not believe it had to follow the Step II discipline

with Step III discipline, i.e., suspension without pay. Rather,

it went directly to the most severe and extre me level of

discipline, Step IV -- Termination of employment.

CONCLUSIONS OF LAW

29. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding pursuant to a contract with the Duval County Schoo l

Board. The proceedings are governed by s ections 120.57 and

120.569, Florida Statutes.

30. The s uperintendent of the School Board has the

authority to recommend to the School Board that an employee be

suspended or dismissed from employment. § 1012.27(5 ), Fla. Stat.

31. The School Board has the authority to terminate the

employment of or to suspend teachers without pay and benefits.

See §§ 1012.22(1)(f) and 1012.40(2)(c), Fla. Stat.

32. The burden of proof in this proceeding is on the School

Board t o prove by a preponderance of the evidence that just cause

exists to terminate QuillerÓs employment with the School Board

or, presumably, to impose some other sanction. McNeil v.

Pinellas C nty. Sch . Bd . , 678 So. 2d 476 (Fla. 2d DCA 1996).

Preponderance o f the evidence is evidence that more likely than

not tends to prove the proposition set forth by a proponent.

Gross v. Lyons , 763 So. 2d 276 (Fla. 2000).

33. In the absence of a rule or written policy defining

just cause, the School Board has discretio n to set standards

which subject an employee to discipline. See Dietz v. Lee C nty.

Sch . Bd . , 647 So. 2d 217 (Fla. 2d DCA 1994). Nonetheless, just

cause for discipline must rationally and logically relate to an

employee's conduct in the performance of the employee's job

duties and be in connection with inefficiency, delinquency, poor

leadership, and lack of role modeling or misconduct. State ex.

rel. Hathaway v. Smith , 35 So. 2d 650 (Fla. 1948);

In Re: Grievance of Towle , 665 A.2d 55 (Vt. 1995). Quiller was

clearly guilty of failing to provide good leadership and role

modeling to her students on occasion.

34. J ust cause for purposes of discipline is addressed in

s ection 1012.33:

Just cause includes, but is not limited to,

the following instances, as de fined by rule

of the State Board of Education: immorality,

misconduct in office, incompetency, gross

insubordination, willful neglect of duty, or

being convicted and found guilty of, or

entering a plea of guilty to, regardless of

adjudication of guilt, an y crime involving

moral turpitude.

35. The Code of Ethics under which classroom teachers

operate in the Duval County school system includes the following

provisions:

6A - 10.080(1) -- The educator values the work 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.

6A - 10.080(2) -- The ed ucatorÓs primary

professional concern will always be for the

student and for the development of the

studentÓs potential. The educator will

therefore strive for professional growth and

will seek to exercise the best professional

judgment and integrity.

6A - 10.080(3) -- Award of the importance of

maintaining the respect and confidence of

oneÓs colleagues, of students, of parents,

and of other members of the community, the

educat or strives to achieve and sustain the

highest degree of ethical conduct.

Additiona lly, in the Principles of Professional Conduct, the

following provisions are applicable to this case:

6A - 10.081(3)(a) -- Shall make reasonable effort

to protect the student from conditions

harmful to learning and/or to the studentÓs

mental and/or physical he alth and/or safety.

6A - 10.081(3)(e) -- Shall not intentionally

expose a student to unnecessary embarrassment

or disparagement.

36. QuillerÓs actions as set forth in the evidence

presented suggests that she may have lost the respect and

confidence of some of her colleagues, her students, and parents.

She was stern and allowed her frustrations with students to

become evident at times, but her overall demeanor and actions

clearly showed an intention to help the students in her charge.

Despite her best inten tions, she did not always maintain her

decorum and sometimes allowed her impatience to become manifest.

37. The greater weight of the evidence supports a finding

that QuillerÓs actions, though limited and somewhat

understandable under the circumstances, w ere in violation of the

standards of conduct to which she was bound. A teacher must not

use language in front of a student that will negatively affect

her effectiveness, professionalism, or confidence in the eyes of

students and their families.

38. Quil lerÓs actions were not immoral, the misconduct in

office was limited and understandable under the circumstances,

there was no gross insubordination or willful neglect of duty,

nor was a crime involved. She may not be the best teacher, but

her skills are a benefit to the School Board as a whole and

especially to the Bridge to Success Program.

39. Article V, D. 1, of the Collective Bargaining Agreement

between the School Board and the teachersÓ union to which Quiller

belongs sets forth the Progressive Disci pline Policy to be

followed. It states in pertinent part:

The following progressive steps must be

followed in administering discipline, it

being understood, however, that some more

severe acts of misconduct [not defined] may

warrant circumventing the esta blished

procedure:

a. Verbal Reprimand

1. No written conference summary is placed

in personnel file;

2. Employees must be told that a verbal

reprimand initiates the discipline

process.

b. Written Reprimand

c. Suspension without pay

d. T ermination

40. There is sufficient reason for sanctioning Quiller, but

termination of her contract would neither be appropriate under

the circumstance nor in the best interests of the School Board.

There is no proof that the behavior at issue constitu tes Ðsevere

acts of misconductÑ as contemplated in the progressive discipline

policy. There seems to be no viable rationale for avoiding Step

III of the progressive discipline policy.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusi ons of

Law, it is

RECOMMENDED that a final order be entered by Petitioner,

Duval County School Board, rescinding its termination of the

employment of Joyce Quiller and, instead, suspending her for a

period of time without pay and reassigning her to a

less - challenging position.

DONE AND ENTERED this 16th day of July , 2014 , in

Tallahassee, Leon County, Florida.

S

R. BRUCE MCKIBBEN

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 16th day of July , 2014 .

COPIES FURNISHED:

Wendy Byndloss, Esquire

Assi stant General Counsel

City of Jacksonville

Office of the General Counsel

117 West Duval Street, Suite 480

Jacksonville, Florida 32202

Stephanie M . Schaap, Esquire

Duval Teachers United

1601 Atlantic Boulevard

Jacksonville, Florida 32207

Dr. Nikolai P. Vitti, Superintendent

Duval County School Board

1701 Prudential Drive

Jacksonville, Florida 32207

Pam Stewart, Commissioner

Department of Education

Turlington Building, Suite 1514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

Matthew Carson, G eneral Counsel

Department of Education

Turlington Building, Suite 1244

325 West 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 filed with the agency that

will issue the Final Order in this case.