20-005417 Miami-Dade County School Board vs. Samuel Dean Status: Closed Recommended Order on Thursday, May 20, 2021.

Summary: The School Board showed, by a preponderance of the evidence, that Respondent?s actions justified a 10-day suspension of his employment.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M IAMI - D ADE C OUNTY S CHOOL B OARD ,

Petitioner ,

vs. Case No. 20 - 5417

S AMUEL D EAN ,

Respondent .

/

R ECOMMENDED O RDER

Adm inistrative Law Judge ( " ALJ " ) Brittany O. Finkbeiner conducted the

final hearing in this case for the Division of Administra tive Hearings

( " DOAH " ) on March 9 , 202 1 , by Zoom conference.

A PPEARANCES

For Petitioner: Michele Lara Jones, Esquire

School B oard of Miami - Dade County, Florida

1 450 Northeast Second Avenue , Room 430

Miami, Florida 33132

For Respondent: Branden M. Vicari, Esquire

Herdman & Sakellarides, P.A.

29605 U.S. Highway 1 9 North , Suite 110

Clearwater, Florida 33761 - 1526

S TATEMENT OF T HE I SSUE

Whether just cause exists to suspend RespondentÔs employment for the

reasons set forth in PetitionerÔs Notice of Spec ific Charges.

P RELIMINARY S TATEMENT

In correspondence dated December 10, 2020, Miami - Dade County School

Board ( " Petitioner " or " School Board " ) issued a letter informing Samuel Dean

( " Respondent " ) that the School Board had taken action at its December 9 ,

2020 , meeting to suspend his employment for ten workdays without pay. On

December 15, 2020, Respondent requested a hearing. Because the initial

letter from the School Board lacked sufficient detail, the undersigned ordered

Petitioner to file a Notice of Specific Charges ( " Notice " ), which Petitioner did

on January 21 , 202 1 . The basis for the School BoardÔs action, as stated in the

Notice, was that just cause existed for Respondent to be disciplined for

Misconduct in Office , which is a violation of Florida Administrative Code

Rules 6A - 5.056(2) and 6A - 10.081 and School Board Policies 4 210 and

4210.01 .

The final hearing took place on March 9, 2021. At the hearing, Petitioner

offered the live testimony of Cassandra Mederos ( " Ms. Mederos " ) , A.G., and

Carlos Dia z. PetitionerÔs Exhibits 5 and 7 through 23 were admitted into

evidence . Respondent testified on his own behalf and did not introduce any

exhibits. Both parties submitted proposed recommended orders, which have

been duly considered in th e preparation of th is Recommended Order.

All references to Florida Statutes are to the 2019 codification in effect at

the time of the matters relevant to these proceedings.

F INDINGS OF F ACT

1. Petitioner is a duly constituted School Board charged with the duty to

operate, control , and supervise all free public schools within the school

district of Miami - Dade County, Florida.

2. At all relevant times, Respondent was employed by Petitioner as a

school security monitor at Hialeah Middle School ( " Hialeah " ) , and was

subject to the collective bargaining agreement between Petitioner and the

United Teachers of Dade , which provides Petitioner with the authority to

suspend or dismiss Respondent .

RespondentÔs Disciplinary History

3. Prior to the events that are the subject of this c ase, Respondent has

received multiple reprimands based on his conduct in the workplace.

4. On November 10, 1994, Respondent received a reprimand for

insubordina tion , specifically , for his refus al to attend meetings, repeated

tardiness, and falsification o f payroll documents.

5. On May 25, 1995, Respondent received a reprimand for failing to

remain in his assigned area of supervision on 26 occasions, being tardy to

work 16 times, failing to return to work from lunch on seven occasions, failing

to properly supervise the parking lot, and failing to respond to radio calls

directed to his attention on 13 occasions.

6. On October 16, 1995, Respondent received a reprimand for failing to

report to work on time on nine occasions.

7. On September 15, 1997, Respond ent received a reprimand for

contacting a student at her home by telephone and in person on several

occasions. Respondent was directed to refrain from contacting the student,

refrain from socializing with students on or off campus, and refrain from

inappro priate actions in the course of his employment.

8. On June 5, 1999, Respondent was issued a Summary of Conference for

threatening a co - worker with violence and using profanity in the presence of

students.

9 . On January 12, 2001, Respondent received a rep rimand for using

abusive and profane language in the workplace and refusing to comply with a

reasonable direct order from an administrator.

10. On January 12, 2005, Respondent received a reprimand for creating a

hostile work environment, inciting a volati le situation for students, and

creating an unsafe environment for the students, staff, and parents who were

present.

11. On February 22, 2006, Respondent received a reprimand for creating a

hostile work environment, inciting a volatile situation for colle agues, and an

unsafe environment for the staff who were present.

RespondentÔs Interaction with A.G.

12. Ms. Mederos is a language arts teacher at Hialeah, where she worked

with Respondent during the 2019 - 2020 school year.

13. A.G. was a student in Ms. M ederosÔs class for the 2019 - 2020 school

year. At the time of the hearing, A.G. was thirteen years old.

14. On February 28, 2020, A.G. testified that she left Ms. MederosÔs class

to go downstairs and purchase a bag of chips. When A.G. was downstairs,

Resp ondent approached her and told her that her mom was " pretty " and had

a " nice figure. " Respondent also initiated a " fist bump " with A.G.

15. Although it was credible standing alone, A.G. Ôs testimony was

corroborated by Ms. Mederos, who witnessed the conver sation between A.G.

and Respondent. Ms. Mederos could not hear the content of the exchange, but

saw the " fist bump " between the two and observed that A.G. appeared to be

uncomfortable.

16. Respondent denied that the incident with A.G. occurred, and testif ied

that he had never met or seen A.G. or her parents as of February 28, 2020.

RespondentsÔ testimony on this subject was not credible and is rejected.

C ONCLUSIONS OF L AW

17 . DOAH has jurisdiction over the par ties and subject matter of this

proceeding pu rsuant to sections 120.569 and 120.57(1), Florida Statutes.

18. The School Board is responsible for the operation, control,

administration, and supervision of all free public schools within the d istrict.

Art. IX, § 4(b), Fla. Const.; §§ 1001.30 and 1001.32 , Fla. Stat. The School

BoardÔs powers and duties include providing f or the suspension of employees.

§ 1012.22(1)(a), (f), Fla. Stat.

19 . Petitioner bears the burden of proving the allegations against

Respondent set forth in the Notice by a preponderance, or greater weight, of

the evidence. See McNeil v. Pinellas Cty. Sch. Bd ., 678 So. 2d 476, 477 (Fla.

2d DCA 1996).

20 . Rule 6A - 5.056 (2) defines Misconduct in Office as one or more of the

following:

(a) A violation of the Code of Ethics of the

Education Pro fession in Florida adopted in Rule

6A - 10.080, F. A. C;

(b) A violation of the Principles of Professional

conduct for the Education Profession adopted in

Rule 6A - 10.081, F. A. C.;

(c) A violation of the adopted school board rules;

(d) Behavior that di srupts the studentÔs learning

environment; or

(e) Behavior that reduces the teacherÔs ability or his

or her colleaguesÔ ability to effectively perform

duties.

21 . School Board Policy 4 210, Standards of Ethical Conduct, provides in

relevant part:

All empl oyees are representatives of the District

and shall conduct themselves, both in their

employment and in the community, in a manner

that will reflect credit upon themselves and the

school system.

A. A support staff member shall:

21. not use abusive and/or profane language or

display unseemly conduct in the workplace.

22 . " Unseemly " is defined as:

a. not according with established standards of good

form or taste

b. not suitable for time or place

" Unseemly, " Merriam - Webster Dictionary ( http://www.Merriam -

Webster.com )(last visited May 18, 2021).

23 . It is plain ly outside of established standards of good form or taste for

an adult male to make a comment about the physical appearance of a female

childÔs mother to the female child. Furthermore, to make such a comment on

a middle school campus, as an employee of the middle school, to a middle

school student during her instructional day, is certainly not suitable for time

or place.

24 . Petitioner proved, by a preponderance of the evidence, that

Respondent viol ated the unambiguous language of School Board Policy 4210,

which is tantamount to Misconduct in Office under r ule 6A - 5.056(2) , as

charged in the Notice. Prior to the Misconduct in Office in the present case,

Respondent had a significant disciplinary histor y over the course of his

employment with Petitioner. Accordingly, just cause exists to suspend

RespondentÔs employment for ten workdays without pay.

R ECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

R ECOMMENDED that The School Board of Miami - Dade County, Florida, enter

a Final Order suspending RespondentÔs employment with the School Board

for ten workdays without pay.

D ONE A ND E NTERED this 2 0th day of May , 2021 , in Tallahassee, Leon

County, Florida.

S

B RITTANY O. F I NKBEINER

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 0th day of May , 2021 .

C OPIES F URNISHED :

Michele Lara Jone s, Esquire Samuel Dean

School Board of Miami - Dade County, F lorida 681 Northwest 78th Terrace , Number 106

1450 Northeast Second Avenue , Room 430 Pembroke Pines, Florida 33024

Miami, Florida 33132

Branden M. Vicari, Esquire

Mark Herdman, Esquire Herdman & Sakellarides, P.A.

Herdman & Sakellarides, P.A. 296 05 U.S. Highway 19 North , Suite 110

29605 U.S. Highway 19 North , Suite 110 Clearwater, Florida 33761 - 1526

Clearwater, Florida 33761 - 1526

Matthew Mears, General Counsel

Alberto M. Carval ho, Superintendent Department of Education

Miami - Dade County School Board Turlington Building, Suite 1244

1450 Northeast Second Avenue, Suite 912 325 West Gaines Street

Miami, Florida 33132 Tallahassee, Florida 32399 - 0400

N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

All p arties 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.