LESTER JOHNSON, APPELLANT,
v.
SCHOOL BOARD OF DADE COUNTY, FLORIDA, APPELLEE
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A Dade County public school teacher appeals the School Board's decision to dismiss him rather than accept a hearing examiner's recommendation of a one-year suspension. The court affirms the dismissal, finding that the facts support both the misconduct charge and a gross insubordination charge despite the examiner's implicit rejection of the latter.
The School Board's dismissal decision is affirmed. The facts as found by the hearing examiner support the gross insubordination charge as a matter of law because Johnson violated direct orders to refrain from physical contact with students. Courts may not substitute their judgment for an administrative board's determination when valid reasons exist in the record.
[1] A school board may increase a recommended penalty for teacher misconduct when the facts found by a hearing examiner legally support a more severe charge, such as gross in…
[2] Gross insubordination is defined as a constant or continuing intentional refusal to obey a direct, reasonable order given by proper authority.
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Join FLexlaw to unlock all legal intelligence“It is inappropriate for the courts to substitute their judgment for an administrative board's determination if valid reasons exist in the record and reference is made thereto.”
Establishes the standard of review for administrative penalty decisions, requiring deference to the board when reasons are stated in the record.
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Join FLexlaw to unlock all legal intelligenceJohnson, a longtime classroom teacher, was charged with misconduct in office and gross insubordination. A hearing examiner found sufficient evidence o…
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PER CURIAM.
Johnson, a longtime classroom teacher with the Dade County public school system, appeals from a ruling of the School Board rejecting a hearing examiner’s recommendation of a one-year suspension and increasing the penalty to dismissal. His contention in this appeal is that the School Board’s rejection of the examiner’s recommended penalty is based, impermissibly, on mere disagreement as to the appropriateness of the punishment.
Two charges were leveled against Johnson: (1) misconduct in office; and (2) gross insubordination. The hearing examiner found the evidence sufficient to support the first charge, but found, implicitly, that the second charge was not proved by a preponderance of the evidence. While accepting all the hearing examiner’s findings of fact, the School Board’s attorney took exception to the conclusion that the facts did not support a finding of gross insubordination.1
We have examined those parts of the record referred to by the School Board, and find competent and substantial evidence that the teacher had been instructed, following previous incidents of improper physical contact, to refrain from touching or publicly demeaning students, even as a disciplinary measure. The specific incident for which Johnson was charged not only supported the misconduct charge, but was also a violation of direct orders previously given to refrain from such conduct. In light of our agreement with the School Board that the facts as found by the hearing examiner will support the gross insubordination charge as a matter of law, the Final Order appealed from must stand. It is inappropriate for the courts to substitute their judgment for an administrative board’s determination if valid reasons exist in the record and reference is made thereto. Department of Prof. Reg. v. Bernal, 531 So. 2d 967 (Fla.1988); Jimenez v. Department of Prof. Reg., 556 So. 2d 1219 (Fla. 4th DCA 1990).
Affirmed.
. Gross insubordination is defined as a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority. Fla.Adm.Code rule 6B-4.009.
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Citator
Cited By
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Zelma Goss v. Dist. Sch. Bd. OF ST. Johns Cnty., 601 So. 2d 1232 (Fla. 5th DCA 1992)…ordinary methods of proof through the weighing of evidence and the judging of the credibility of witnesses, both solely the prerogative of the hearing officer as a finder of fact. Id. at 153. The Board cites Johnson v. School Board of Dade County, 578 So. 2d 387 (Fla. 3d DCA 1991), in support of its position. There, the Dade County School Board took exception to the hearing examiner’s conclusion that the facts did not support a finding of gross insubordination and entered its contrary order. The teacher inv…
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Packer v. Orange Cnty. Sch. Bd., 881 So. 2d 1204 (Fla. 5th DCA 2004)…rejection of ALJ’s recommended penalty where the ALJ found that teacher had conducted himself inappropriately in public place, grabbed bar patron by face, resisted arrest, and testified falsely at trial); Johnson v. School Bd. of Dade County, Fla., 578 So. 2d 387 (Fla. 3d DCA 1991) (affirming school board’s determination that teacher had been insubordinate where hearing officer found no insubordination but that teacher repeated conduct previously prohibited by superiors); Schrimsher v. School Bd. of Palm Bea…
Authorities Cited
- Dep't OF Prof'l Reg. v. Pedro F. Bernal, M.D., 531 So. 2d 967 (Fla. 1988)
- Fernando Jimenez, M.D. v. Dep't of Prof'l Reg., 556 So. 2d 1219 (Fla. 4th DCA 1990)