18-002309TTS Lake County School Board vs. Katie Lassen
 Status: Closed
Recommended Order on Friday, August 3, 2018.


View Dockets  
Summary: Petitioner did not prove by a preponderance of the evidence that Respondents engaged in Misconduct in Office; thus, Petitioner did not have just cause to terminate Respondents.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8LAKE COUNTY SCHOOL BOARD,

12Petitioner,

13vs. Case No. 18 - 2196TTS

19ALAN ROSIER,

21Respondent.

22_______________________________/

23LAKE COUNTY SCHOOL BOARD,

27Petitioner,

28vs. Case No. 18 - 2309TTS

34KATIE LASSEN,

36Respondent.

37____ ___________________________/

39RECOMMENDED ORDER

41A duly - noticed hearing was held on June 20, 2018, in

53Tavares, Florida, before Suzanne Van Wyk, an Administrative Law

62Judge assigned by the Division of Administrative Hearings.

70APPEARANCES

71For Petitioner: Stephen W. Johnson, Esquire

77Elizabeth A. Turner, Esquire

81McLin Burnsed

831000 West Main Street

87Leesburg, Florida 34748

90For Respondent Katie Lassen

94Lynn C. Hearn, Esqu ire

99Meyer, Brook s, Demma and Blohm, P.A.

106131 North Gadsden Street

110Post Office Box 1547

114Tallahassee, Florida 32302

117For Respondent Alan Rosier, pro se

123128 Oak Grove Road

127Winter Park, Florida 32789

131STATEMENT OF THE ISSUE

135Whether Petitioner, Lake County School Board, had just cause

144to terminate Respondents for the reasons specified in the agency

154action letters dated April 17, 2018.

160PRELIMINARY STATEMENT

162Petitioner sent each Respondent a letter dated April 17,

1712018, notifyin g Respondents that Petitioner had concluded its

180investigation into allegations that Respondents engaged in

187misconduct and was recommending RespondentsÓ termination. The

194letters advised Respondents of the grounds for termination and of

204their right to an ad ministrative hearing. Respondents timely

213requested hearings to contest the recommendation of termination,

221and the matters were referred to the Division of Administrative

231Hearings (Division) on May 7, 2018, for the assignment of an

242administrative law judge .

246Petitioner filed a request to consolidate the two cases,

255which was granted by the undersigned on May 24, 2018. The

266consolidated cases were scheduled for final hearing on June 20,

2762018, and commenced as scheduled.

281At the final hearing, the pa rties intr oduced Joint

291Exhibits J1 through J 12 , which were admitted in evidence.

301Petitioner introduced Exhibits P1 through P4, which were admitted

310in evidence, and offered the testimony of Kimberly Sneed,

319Katherine Falcon, and David Meyers.

324Respondent, Katie Lassen (Ms. Lassen), testified on her own

333behalf. Respondent, Alan Rosier (Mr. Rosier), testified on his

342own behalf and offered the testimony of Dawn Boyd, Kelly Lovely,

353and Ryan Hernandez. Neither Respondent introduced any exhibits.

361A one - volume Transcript of the hearing was filed with the

373Division on July 9, 2018. O n July 24, 2018, 1/ t he parties timely

388filed Proposed Recommended Orders which have been considered by

397the undersigned in preparation of this Recommended Order.

405Unless otherwise noted, all referenc es to the Florida

414Statutes are to the 2017 version.

420FINDING S OF FACT

4241 . Petitioner, Lake County School Board, is the

433constitutional entity authorized to operate, control, and

440supervise the public schools within Lake County. See Art. IX,

450§ 4(b), Fla. Cons t.; § 1001.32, Fla. Stat. Petitioner is

461authorized to discipline instructional staff and other school

469employees. See § 1012.22(1)(f), Fla. Stat.

4752 . Mr. Rosier has been employed at Groveland Elementary

485School (Groveland) in Lake County, Florida, for thr ee years.

495During the 2016 - 20 17 and 2017 - 20 18 school years, Mr. Rosier was

511the Instructional Dean. One of Mr. RosierÓs duties was to assist

522teachers with students who have behavioral problems and liaison

531with parents of these students. Mr. Rosier also co nducted in -

543school suspension of students.

5473 . Mr. Rosier also had a contract supplement to assist with

559students who were on campus after school hours because they

569either missed the bus or were not picked up by their parent or

582guardian on time. Mr. Rosier assisted by keeping the student

592safe and contacting the emergency contact on file for the student

603to find a way to get the student home.

6124 . Ms. Lassen has taught at Groveland for four years. She

624taught first grade during the 2016 - 2017 and 2017 - 2018 sch ool

638years. Petitioner Lassen is an Ðinclusion teacher,Ñ meaning her

648classroom is a combination of students receiving Exceptional

656Student Education (ESE) services and students with no need for

666services.

6675 . Ms. Lassen has no special training in ESE servic es for

680children with behavioral challenges. ESE students in her

688classroom are Ðpush in, pull out,Ñ meaning an exceptional

698education teacher comes in to work with some of the students in

710the classroom, and other students are pulled out of the classroom

721to work with an exceptional education teacher.

7286 . Ms. Lassen was not happy at Groveland. She enjoyed

739teaching and was passionate about her students achieving their

748learning potential. However, she was frustrated by what she saw

758as a lack of needed service s for her ESE students. Ms. Lassen

771applied for a transfer during the 2016 school year, but the

782transfer was denied.

7857 . During the 2017 - 20 18 school year, Ms. Lassen had eleven

799ESE students in her classroom, four of whom had severe behavioral

810issues. Som e of her students were violent, even trying to harm

822themselves. She found it stressful to corral children who were

832throwing things in the classroom, especially at other children,

841while trying to teach the required lessons. She often found

851herself dealing with parents who were upset about their ESE child

862being disciplined for their behaviors, or who were upset about

872the treatment of their child by an ESE student.

8818 . To address these concerns, Ms. Lassen frequently met

891with Mr. Rosier. Toward the end of the 2017 - 2018 school year -- in

906March 2018 particularly -- they met roughly twice a week. The two

918met once in Mr. RosierÓs office and sometimes in the portable

929where Mr. Rosier conducted in - school suspension; however, they

939met most frequently in Ms. LassenÓs classroom.

9469 . The meetings usually occurred around 4:00 p.m., after

956students were dismissed at 3:30 p.m. and Mr. RosierÓs after -

967school responsibilities ended. Ms. Lassen usually left the

975school between 4:15 p.m. and 4:30 p.m. to pick up her own

987children from school and daycare and take them to after - school

999activities.

100010 . During the meetings, Ms. Lassen discussed with

1009Mr. Rosier the behavioral challenges she faced with students in

1019her classroom, as well as the issues with parents. Mr. Rosier

1030had the re sponsibility to deal with parents, often conducting

1040parent conferences to address issues arising in the classroom.

104911 . Ms. Lassen and Mr. Rosier became friends, and

1059occasionally discussed personal matters, in addition to classroom

1067and parent issues. Some times Ms. Lassen would become emotional.

1077Mr. Rosier assured her he would work to get the help the students

1090needed.

109112 . Kimberly Sneed was the Groveland Principal during the

11012017 - 2018 school year.

110613 . On April 2, 2018 , Mr. Sneed entered Ms. LassenÓs

1117cl assroom shortly after 4:00 p.m. Assistant Principal Joseph

1126Mabry had suggested to Ms. Sneed that she should look into why

1138Mr. Rosier was in Ms. LassenÓs classroom at that time.

114814 . When Ms. Sneed arrived, she observed that the lights

1159were turned off and the classroom was empty. She walked to the

1171classroom supply closet, inserted her key, and opened the door,

1181which opens inward. Just as she was pushing the door open,

1192Ms. Lassen pulled the door open to exit the closet with her purse

1205and supply bag in han d.

121115 . Ms. Sneed did not try the closet door handle first to

1224determine whether the closet was locked. She simply inserted the

1234key in the lock and pushed open the door. She testified that she

1247was not certain the closet door was actually locked.

125616 . Th e closet light was off when Ms. Lassen opened the

1269closet. Ms. Lassen testified that she had just switched the

1279light off before opening the door to exit the closet. Ms. Sneed

1291turned the light switch on as she entered the closet.

130117 . Ms. Lassen was surpr ised to see Ms. Sneed and asked if

1315she could help her find something. Ms. Sneed asked Ms. Lassen

1326why she had been in a dark closet.

133418 . How Ms. Lassen replied to Ms. SneedÓs question was a

1346disputed issue. Ms. Lassen maintains she said, ÐMs. Sneed, you

1356donÓt understand, all it was, it was just a kiss, a kiss on the

1370cheek, nothing more.Ñ Ms. Sneed maintains Ms. Lassen said, ÐWe

1380were only kissing, we werenÓt doing anything, no sex or nothing.Ñ

139119 . Ms. Lassen promptly left to pick up her children.

140220 . M s. Sneed entered the closet and observed Mr. Rosier

1414standing at the back of the L - shaped closet, with his back to the

1429door.

143021 . Mr. Rosier was fully clothed, but his shirt was

1441untucked and his glasses were off.

144722 . Ms. Sneed did not question Mr. Rosier . Instead she

1459quipped sarcastically, ÐReally, Mr. Rosier? Really?Ñ

146623 . Mr. Rosier did not turn toward Ms. Sneed or otherwise

1478respond to her immediately. As Ms. Sneed exited the closet and

1489proceeded to leave the classroom, Mr. Rosier called after her a nd

1501asked if he could talk with her in her office.

151124 . What else Mr. Rosier said to Ms. Sneed at that time was

1525also a disputed issue. Ms. Sneed testified that Mr. Rosier

1535stated, ÐIÓll admit we were kissing, and it turned into touching,

1546but nothing else.Ñ Mr. Rosier was not certain what exactly he

1557said, but admitted that he did use the word Ðkiss.Ñ He testified

1569that everything happened quick ly. He was embarrassed and

1578Ms. Sneed was angry.

158225 . The following day, Ms. Sneed reported the incident to

1593the Sc hool Board Employee Relations Supervisor Katherine Falcon.

160226 . That same day, both Ms. Lassen and Mr. Rosier were

1614interviewed separately by Ms. Falcon. Ms. Falcon drafted an

1623interview questionnaire based solely on her telephone

1630conversation with Ms. Sne ed that morning. The questio nnaire

1640contained the following seven questions:

16451. For the record state your name.

16522. What is your current position?

16583. How long have you been in your current

1667position?

16684. Yesterday, Ms. Sneed f ound you and

1676another teache r in a locked dark closet. Can

1685you explain?

16875. Is this the first time you have engaged

1696in this activity on campus?

17016. Did you share any information about this

1709incident with anyone else?

17137. Is there anything else you would like to

1722say?

172327 . Ms. Falc on asked the questions, and David Meyers,

1734Employee Relations Manager, typed RespondentsÓ answers.

1740Ms. Falcon printed the interview record on site and presented it

1751to each respective Respondent to review and sign.

175928 . The report states Ms. LassenÓs respo nse to Question 4

1771as follows:

1773The closet was unlocked. It is always

1780unlocked. I just kissed him. It didnÓt go

1788any further. There was no touching or

1795clothing off. Nothing exposed. Nothing like

1801that has ever happened before. Yesterday was

1808more, like a kiss goodbye. I was getting

1816ready to leave and getting my stuff. He was

1825standing by the door. He was standing by my

1834filing cabinet. Nobody ever comes in there

1841during the day. Sneed wanted to know what we

1850were doing in there. We told her we were

1859fool ing around a little bit, kissing.

186629 . Ms. Lassen signed her interview report without asking

1876for clarifications or changes.

188030 . Ms. Lassen testified that she did not review the

1891interview report before signing, did not understand it to be any

1902form of disc ipline, and was anxious to return to her classroom

1914because her ESE students do not do well in her absence.

192531 . At the final hearing, Ms. Lassen denied stating

1935anything about Ðfooling around a littleÑ with Mr. Rosier.

194432 . In response to the same question, Mr. RosierÓs report

1955states the following:

1958The closet wasnÓt locked. This teacher,

1964Katie Lassen and I have become good friends.

1972Yesterday we caught ourselves being too

1978close, kissing, hugging . . . . We were

1987first in the main classroom. When we began

1995t o kiss we went in the closet. There was a

2006knock on the door. It was Ms. Sneed. My

2015clothes were kind of wrangled.

202033 . Mr. Rosier also signed his interview report without

2030asking for clarifications or changes.

203534 . At the final hearing, Mr. Rosier deni ed stating that he

2048and Ms. Lassen were Ðkissing and huggingÑ or that Ðwhen we began

2060to kiss we went into the closet.Ñ As to his statement that Ðwe

2073caught ourselves becoming too close , Ñ he testified that he meant

2084they had begun discussing personal issues i n addition to

2094Ms. LassenÓs concerns with her ESE students.

210135 . Ms. Lassen and Mr. Rosier testified as follows: they

2112were discussing her concerns about a particular ESE student who

2122was very disruptive and threatened to harm himself. Ms. Lassen

2132was emoti onal. Ms. Lassen proceeded into the closet to get her

2144things so she could leave to pick up her children and get them to

2158after - school activities. Just inside the closet, Ms. Lassen

2168broke down crying again. Mr. Rosier entered the closet, closing

2178the door behind him (allegedly to keep anyone from seeing

2188Ms. Lassen cry), put his hands on her shoulders and told her to

2201get herself together and not let anyone see her crying when she

2213left the school. She collected herself, thanked him, gave him a

2224hug and they e xchanged kisses on the cheek.

223336 . RespondentsÓ stories at final hearing were nearly

2242identical, a little too well - rehearsed, and differed too much

2253from the spontaneous statements made at the time of the incident,

2264to be credible.

226737 . Based on the totality of the evidence, and inferences

2278drawn therefrom, the undersigned finds as follows: Mr. Rosier

2287was consoling Ms. Lassen and the two adults became caught up in

2299the moment, giving in to an attraction born from an initial

2310respectful working relationship. Th e encounter was brief and

2319there is no credible evidence that Respondents did anything other

2329than kiss each other. Both Respondents regret it and had no

2340intention to continue anything other than a professional

2348relationship.

234938 . This incident occurred aft er school hours, sometime

2359between 4:00 p.m. and 4:30 p.m. on April 2, 2018. The only

2371stud ents on campus were at an after - school care program in a

2385different building across campus. No one witnessed Respondents

2393kissing or entering the closet together. Onl y Ms. Sneed

2403witnessed Respondents emerging from the closet.

240939 . Both Respondents were terminated effective April 23,

24182018.

2419Administrative Charges

242140 . The school boardÓs administrative complaints suffer

2429from a lack of specificity. Both employees are ch arged with

2440Ðengaging in sexual misconduct on the school campus with another

2450school board employee which is considered Misconduct in Office,Ñ

2460in violation of the Principles of Professional Conduct for

2469Educators (Principles). The administrative complaints d o not

2477charge Respondents with any specific date, time, or place of

2487particular conduct which constitutes Ðsexual misconduct.Ñ 2/

2494Moreover, the School B oard introduced no definition of sexual

2504misconduct.

250541 . The School Board inquired about some specific co nduct

2516during the Employee Relations interviews with Respondents.

2523Ms. Falcon asked Respondents about being found together in a

2533Ðlocked dark closet.Ñ

253642 . The School B oard failed to prove that the closet was

2549either locked or dark while Respondents were in the closet.

255943 . It appears the School Board bases its charge of

2570Misconduct in Office, in part, on an allegation that the

2580Respondents had Ðengaged in this activity on campusÑ on dates

2590other than April 2, 2018.

259544 . When Ms. Sneed went to Ms. LassenÓs roo m on April 2,

26092018, she was acting upon a report that Mr. Rosier went to

2621Ms. LassenÓs room every day at 4:00 p.m. There is no reliable

2633evidence in the record to support a finding to that effect. The

2645report that Mr. Rosier Ðwent to Ms. LassenÓs classroom every day

2656at 4:00,Ñ was hearsay to the 4th degree, 3/ without any non - hearsay

2671corroborating evidence.

267345 . Petitioner did not prove Respondents were ever together

2683in a closet, much less a dark closet, on campus any date other

2696than April 2, 2018.

270046 . Fina lly, it appears the School Board bases its charges,

2712in part, on an allegation that Mr. Rosi er was not fulfilling his

2725after - school duties because he was spending too much time with

2737Ms. Lassen.

273947 . To that point, Petitioner introduced testimony that on

2749the Friday after spring break in March, Mr. Rosier was not to be

2762found when the administration had to deal with a student who had

2774either missed the bus or was not picked up on time. Ms. Sneed

2787testified that Mr. Rosier came through the front office, observed

2797the student there with herself and Mr. Mabry, and left through

2808the front office. Ms. Sneed assumed Mr. Rosier had left for the

2820day, but that when she left the school she saw his car in the

2834parking lot.

283648 . Mr. Rosier recalled that particular day, and te stified

2847that , as two administrators were attending to the student, he did

2858not see the need for a third. He chose instead to keep his

2871appointment with Ms. Lassen to discuss her difficult students.

288049 . Petitioner did not prove that Mr. Rosier neglected

2890ei ther his after - school or any other duties.

2900CONCLUSIONS OF LAW

290350 . The Division has jurisdiction over the subject matter

2913and parties in this case, pursuant to section 1012.33(6) and

2923sections 120.569 and 120.57(1), Florida Statutes (2018).

293051 . Petitioner is a duly constituted School Board charged

2940with the duty to operate, control, and supervi s e all free public

2953schools within the school district of Lake County, Florida, under

2963section 1012.22 .

296652 . Petitioner seeks to terminate RespondentsÓ employment,

2974and has the burden of proving the allegations set forth in its

2986letter of dismissal by a preponderance of the evidence, as

2996opposed to the more stringent standard of clear and convincing

3006evidence applicable to the loss of a license or certification.

3016Cropsey v. Sch. Bd. of Manatee Cnty. , 19 So. 3d 351 (Fla. 2d DCA

30302009) , rev. denied , 29 So. 3d 1118 (Fla. 2010); Cisneros v. Sch.

3042Bd. of Miami - Dade Cnty. , 990 So. 2d 1179 (Fla. 3d DCA 2008).

305653 . Florida Administrative Code Rule 6A - 5.056 sets forth

3067criteria for sus pension and dismissal of school personnel.

3076Subsection (2) defines Misconduct in Office in pertinent part, as

3086follows:

3087(2) ÒMisconduc t in OfficeÓ means one or more

3096of the following:

3099(b) A violation of the Principles of

3106Professional Conduct for the Educa tion

3112Profession in Florida as adopted in Rule 6A -

312110.081, F.A.C. [the Principles];

3125(c) A violation of the adopted school board

3133rules;

3134* * *

3137(e) Behavior that reduces the teacherÓs

3143ability or his or her colleaguesÓ ability to

3151effectively perform duties.

3154The Principles

315654 . At the final hearing, Petitioner clarified that it has

3167charged Ms. Lassen with violations of r ule 6A - 5.056(2)(b)

3178and (c), a nd Mr. Rosier with violations of 6A - 5.056(2)(b), (c),

3191and (e).

319355 . Petitioner alleges Respondents violated t he following

3202provisions of the Principles:

32066A - 10.081(1)(b): The educatorÓs primary

3212professional concern will always be for the

3219student and for the development of the

3226studentÓs potential. The educator will

3231therefore strive for professional growth and

3237will seek to exercise the best professional

3244growth and will seek to exercise the best

3252professional judgement and integrity.

32566A - 10.081(1)(c): Aware of the importance of

3264maintaining the respect and confidence of

3270oneÓs colleagues, of students, of parents,

3276and o f other members of the community, the

3285educator strives to achieve and sustain the

3292highest degree of ethical conduct.

329756 . The Principles are divided into two sections:

3306subsection (1), which consists of ethical principles 4/ ; and

3315subsection (2), which pro vides disciplinary principles with which

3324educators Ðmust comply.Ñ

332757 . The ethical principles in subsection (1) have been

3337described as Ðaspirational in nature, and in most cases [are] not

3348susceptible of forming a basis for suspension or dismissal.Ñ

3357Saras ota Cnty. Sch. Bd. v. Simmons , Case No. 92 - 7278 (Fla. DOAH

3371Nov. 9, 1993), and Ðof little practical use in defining normative

3382behavior.Ñ Miami - Dade Cnty. Sch. Bd. v. Lantz , Case No. 12 - 3970

3396(Fla. DOAH July 29, 2014); Broward Cnty. Sch. Bd. v. Weinberg ,

3407Cas e No. 15 - 4993 (Fla. DOAH Apr. 13, 2016; Fla. Broward Cnty.

3421Sch. Bd. Aug. 23, 2016). By contrast, the disciplinary

3430principles enumerate specific ÐdosÑ and ÐdonÓtsÑ to put a teacher

3440on notice concerning what conduct is forbidden. See Miami - Dade

3451Cnty. Sch. Bd. v. Brenes , Case No. 06 - 1758, ( Fla. DOAH Feb. 27,

34662007; Fla. Miami - Dade Cnty. Sch. Bd. Apr. 25, 2007). ÐThus, it

3479true.Ñ Id. Ð Put another way, in order to punish a teacher for

3492misconduct in office, it is necessary but not sufficient that a

3503proved, whereas it is both necessary and sufficient that a

3513violation of a specif ic rule in [subsection (2)] be proved.Ñ

3524Id. ; see Miami - Dade Cnty. Sch. Bd. v. Regueira , Case No. 06 - 4752

3539n.4 (Fla. DOAH Apr. 11, 2007; Fla. Miami - Dade Cnty. Sch. Bd.

3552May 25, 2007).

355558 . Here, Petitioner did not allege that Respondents

3564violated any of the specific disciplinary principles enumerated

3572in subsection (2). The alleged violations of the broad

3581aspirational objectives of subsection (1) are insufficient to

3589establish a violation of the Principles.

359559 . Petitioner did not prove Respondents violated the

3604Principles; thus Petitioner did not prove that either Respondent

3613violated rule 6A - 5.056(1)(b).

3618School Board Policies

362160 . Rule 6A - 5.056(1)(c) defines Misconduct in Office to

3632include Ð[a] violation of the adopted school board rules.Ó

364161 . Petitioner al leges that Respondents violated the

3650following Lake County School Board policies:

36566.301(2) Principles of Professional Conduct

3661(2): All instructional Personnel and School

3667Board Administrators shall adhere to the

3673[Principles].

36746.301(3) Princip les of Profess ional Conduct

3681(3): All Administrative, instructional, and

3686non - instructional personnel shall familiarize

3692themselves with the Code of Ethics for Public

3700Officers and Employees as set forth in F.S.

3708112.311, et seq. All employees shall abide

3715by the Code at al l times, and shall be held

3726to the standards of the Code in all matters

3735related to their employment with the Lake

3742County School Board.

37455.33 Bullying and Harassment: Expected

3750Behaviors: Students and employees are

3755expected to conform to reasonable standar ds

3762of socially acceptable behavior; respect the

3768person, property, and rights of others; obey

3775constituted authority; and respond to the

3781educational, support and administrative

3785staff.

37866 2 . Petitioner did not pr ove Respondents violated

3796Policy 6.301(2) becaus e it did not prove either Respondent

3806violated the Principles.

38096 3 . Petitioner did not introduce, or request official

3819recognition of, the Code of Ethics for Public Officers and

3829Employees, or cite to any section thereof which Respondents

3838allegedly violated.

38406 4 . Petitioner did not prove Respondents violated

3849Policy 6.301(3).

38516 5 . Policy 5.33 is an 18 - page rule titled ÐBullying or

3865Harrassment,Ñ which incorporates the School BoardÓs policy

3873against bullying and harassment of both students and employees,

3882associa ted definitions, components of bullying and harassment,

3890and the procedures for reporting, investigating, and resolving

3898incidents of bullying or harassment.

390366 . From this 18 - page policy, Ms. Falcon pulled out the one

3917sentence quoted above because it spoke to Ðsocially acceptable

3926behavior.Ñ Ms. Falcon admitted the incident in question had

3935nothing to do with either bullying or harassment.

394367 . Petitioner did not prove Respondents violated

3951Policy 5.33.

395368 . Petitioner did not prove that Respondents violated

3962r ule 6A - 5.056(c) because it did not prove Respondents violated

3974any School Board policy.

397869 . Finally, Petitioner alleges Mr. Rosier violated

3986subsection (e) , which defines Misconduct in Office to include

3995Ð[b]ehavior that reduces the teacherÓs ability or his her

4004colleaguesÓ ability to effectively perform duties.Ñ

401070 . Petitioner introduced no evidence bearing on

4018Mr. RosierÓs ability to perform his duties before or after the

4029incident in question. None of his colleagues were called on to

4040testify about his abili ties, or impairment of their own

4050abilities, following the incident.

405471 . Petitioner failed to prove that Respondent Rosier

4063violated rule 6A - 5.056(1)(e).

406872 . Petitioner failed to prove either Respondent engaged in

4078Misconduct in Office, as defined in rule 6 A - 5.056, Criteria for

4091Suspension and Dismissal.

4094RECOMMENDATION

4095Based on the foregoing Findings of Fact and Conclusions of

4105Law, it is RECOMMENDED that the Lake County School Board enter a

4117final order dismissing the charges against Respondents Katie

4125Lassen a nd Alan Rosier , and award back pay and benefits

4136retroactive to April 23, 2018 .

4142DONE AND ENTERED this 3rd day of August , 2018 , in

4152Tallahassee, Leon County, Florida.

4156S

4157SUZANNE VAN WYK

4160Administrative Law Judge

4163Division of Ad ministrative Hearings

4168The DeSoto Building

41711230 Apalachee Parkway

4174Tallahassee, Florida 32399 - 3060

4179(850) 488 - 9675

4183Fax Filing (850) 921 - 6847

4189www.doah.state.fl.us

4190Filed with the Clerk of the

4196Division of Administrative Hearings

4200this 3rd day of August , 2018 .

4207ENDNOTE S

42091/ The parties requested, and were granted, 15 days from the

4220date the Transcript was filed to file their Proposed Recommended

4230Orders. Pursuant to Florida Administrative Code Rule 28 -

4239106.216(2), the parties waived the requirement for the

4247unders igned to issue this Recommended Order within 30 days after

4258receiving the Transcript.

42612/ Absent a motion for more definite statement , or a motion to

4273dismiss for failure to state a cause of action, the hearing

4284proceeded on an administrative complaint alleg ing essentially

4292that Respondents somewhere, at some time, engaged in something

4301called Ðsexual misconduct.Ñ

43043/ Allegedly, the custodian who cleans Ms. LassenÓs classroom,

4313Ms. Delgado, told the head custod ian, Mr. Ellicott, who told

4324Mr. Mabry, who told Ms . Sneed.

43314/ The three broad principles of subsection (1) were formerly

4341codified in rule 6A - 10.080 as the Code of Ethics of the Education

4355Profession in Florida, which was repealed on March 23, 2016.

4365COPIES FURNISHED:

4367Stephen W. Johnson, Esquire

4371McLin B urnsed

43741000 West Main Street

4378Leesburg, Florida 34748

4381(eServed)

4382Alan Rosier

4384128 Oak Grove Road

4388Winter Park, Florida 32789

4392(eServed)

4393Katie Lassen

43954748 Barbados Loop

4398Clermont, Florida 34711

4401Lynn C. Hearn, Esquire

4405Meyer, Brooks, Demma, and Blohm, P.A.

441113 1 North Gadsden Street

4416Post Office Box 1547

4420Tallahassee, Florida 32302

4423(eServed)

4424Elizabeth A. Turner, Esquire

4428McLin Burnsed

44301000 West Main Street

4434Leesburg, Florida 34748

4437(eServed)

4438Diane Kornegay, Superintendent

4441Lake County School Board

4445201 West Burleig h Boulevard

4450Tavares, Florida 32778 - 2496

4455Pam Stewart

4457Commissioner of Education

4460Department of Education

4463Turlington Building, Suite 1514

4467325 West Gaines Street

4471Tallahassee, Florida 32399 - 0400

4476(eServed)

4477Matthew Mears, General Counsel

4481Department of Educatio n

4485Turlington Building, Suite 1244

4489325 West Gaines Street

4493Tallahassee, Florida 32399 - 0400

4498(eServed)

4499NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4505All parties have the right to submit written exceptions within

451515 days from the date of this Recommended Order. Any exceptions

4526to this Recommended Order should be filed with the agency that

4537will issue the Final Order in this case.

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Date
Proceedings
PDF:
Date: 09/13/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 09/11/2018
Proceedings: Agency Final Order
PDF:
Date: 08/03/2018
Proceedings: Recommended Order
PDF:
Date: 08/03/2018
Proceedings: Recommended Order (hearing held June 20, 2018). CASE CLOSED.
PDF:
Date: 08/03/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/24/2018
Proceedings: Proposed Recommended Order by Respondent Lassen filed.
PDF:
Date: 07/24/2018
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 07/24/2018
Proceedings: Proposed Recommended Order by Respondent Lassen (filed in Case No. 18-002309TTS).
PDF:
Date: 07/09/2018
Proceedings: Notice of Filing Transcript.
PDF:
Date: 07/09/2018
Proceedings: Transcript of Hearing filed.
Date: 06/20/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 06/18/2018
Proceedings: Return of Service filed.
PDF:
Date: 06/18/2018
Proceedings: Return of Service filed.
PDF:
Date: 06/15/2018
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 06/12/2018
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 06/08/2018
Proceedings: Amended Notice of Hearing (hearing set for June 20, 2018; 9:00 a.m.; Tavares, FL; amended as to Venue).
PDF:
Date: 06/08/2018
Proceedings: Amended Notice To Take Deposition filed.
PDF:
Date: 06/08/2018
Proceedings: Notice to Take Deposition filed.
PDF:
Date: 06/08/2018
Proceedings: Notice to Take Deposition filed.
PDF:
Date: 06/06/2018
Proceedings: Notice of Appearance (filed in Case No. 18-002309TTS).
PDF:
Date: 06/06/2018
Proceedings: Notice of Appearance filed.
PDF:
Date: 06/05/2018
Proceedings: Notice of Telephonic Pre-hearing Conference (set for June 8, 2018; 10:00 a.m.).
PDF:
Date: 06/04/2018
Proceedings: Evidence 7 filed by Respondent.
PDF:
Date: 05/30/2018
Proceedings: Amended Notice of Taking Depositions filed.
PDF:
Date: 05/25/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-2196TTS and 18-2309TTS).
PDF:
Date: 05/24/2018
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 05/24/2018
Proceedings: Petitioner, Lake County School Board's Motion to Consolidate filed.
PDF:
Date: 05/17/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/17/2018
Proceedings: Notice of Hearing (hearing set for June 20, 2018; 9:00 a.m.; Tavares, FL).
PDF:
Date: 05/16/2018
Proceedings: Response to Initial Order filed.
PDF:
Date: 05/16/2018
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/11/2018
Proceedings: Notice of Appearance filed.
PDF:
Date: 05/09/2018
Proceedings: Initial Order.
PDF:
Date: 05/08/2018
Proceedings: Agency action letter filed.
PDF:
Date: 05/08/2018
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 05/08/2018
Proceedings: Referral Letter filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
05/08/2018
Date Assignment:
05/09/2018
Last Docket Entry:
09/13/2018
Location:
Tavares, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
TTS
 

Counsels

Related Florida Statute(s) (7):