JAMES EDWARD TOMERLIN, APPELLANT,
v.
DADE COUNTY SCHOOL BOARD, APPELLEE
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Tomerlin, a teacher dismissed for immoral conduct with his nine-year-old stepdaughter, challenged the constitutionality of the Florida statute permitting teacher dismissal for immorality. The court upheld the statute as not void for vagueness and as properly connected to job fitness even though the conduct occurred off-premises.
The statute is constitutional and not void for vagueness. The term 'immorality' is sufficiently clear to designate actionable misconduct in the teaching profession. Immoral conduct, even when occurring off-premises and after school hours, can justify dismissal if it relates to job fitness, as conduct reflective of perverse personality endangers school children and undermines parental confidence.
[1] A statute permitting the dismissal of a teacher for immorality is constitutional and not void for vagueness when the term "immorality" is sufficiently clear to designate…
[2] A teacher's immoral conduct, even if occurring outside of school hours and at home, can be indirectly related to job performance if it indicates a perverse personality th…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Any reasonable person should know that the act performed by Tomerlin was immoral, and was prohibited by the statute.”
Establishes that the statute is not void for vagueness because the term 'immorality' provides adequate notice to teachers of prohibited conduct.
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Join FLexlaw to unlock all legal intelligenceTomerlin was an elementary school teacher with an unblemished record who taught children under twelve years old. After school hours at his home, he pe…
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MILLS, Judge.
The Dade County School Board dismissed Tomerlin, an elementary school teacher, for immoral conduct with his nine year old stepdaughter. He appealed to the State Board of Education who sustained his dismissal. He now seeks a review of this decision. The issue here is whether, under the facts of this case, Section 231.-36(6), Florida Statutes, which permits dismissal of a teacher for immorality, is constitutional.
Tomerlin’s prior record as a teacher was unblemished. He taught children who were under the age of twelve years. After school hours and at his home, Tomerlin performed cunnilingus on his stepdaughter. At the hearing, expert testimony was given that this was an isolated act, which probably would not happen again.
Tomerlin contends Section 231.36(6), Florida Statutes, is void for vagueness. It is not. It regulates the conduct of persons in the teaching profession, and the term “immorality” is sufficiently clear to designate actionable misconduct. It would be impossible for the legislature to set forth and to define every immoral act justifying dismissal of a teacher. Forman v. State Board of Accountancy, 243 So. 2d 4 (Fla.App.1971). Any reasonable person should know that the act performed by Tomerlin was immoral, and was prohibited by the statute.
In addition, Tomerlin contends that the statute is unconstitutional unless it is interpreted to connect his immoral conduct with his job performance. Although Tomerlin’s immoral act was done at his home and after school hours, it was indirectly related to his job. His conduct is an incident of a perverse personality which makes him a danger to school children and unfit to teach them. Mothers and fathers would question the safety of their children; children would discuss Tomerlin’s conduct and morals. All of these relate to Tomerlin’s job performance.
The Florida Bar recommended disbarment of an attorney for immoral conduct with his young stepdaughter, based on that part of his oath which provided he would abstain from all offensive personality. The Supreme Court of Florida agreed, and disbarred the attorney. The Florida Bar v. Hefty, 213 So. 2d 422 (Fla.1968). In Hefty, the facts and the regulatory part of the oath are similar to those in this case.
A school teacher holds a position of great trust. We entrust the custody of our children to the teacher. We look to the teacher to educate and to prepare out children for their adult lives. To fulfill this trust, the teacher must be of good moral character; to require less would jeopardize the future lives of our children.
Under the facts of this case, Section 231.36(6), Florida Statutes, is constitutional.
Certiorari denied.
BOYER, C. J., and McCORD, J., concur.
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Vernie M. Smith v. Sch. Bd. OF Leon Cnty., 405 So. 2d 183 (Fla. 1st DCA 1981)…ute which occurred after office hours. This incident— as the record before us reflects — had no bearing on her exercise of her duties to the public. See Texton v. Hancock, 359 So. 2d 895 (Fla. 1st DCA 1978). Cf. Tomerlin v. Dade County School Board, 318 So. 2d 159 (Fla. 1st DCA 1975). In conclusion, the appellant’s actions in response to her evaluation report, forceful though they were, did not constitute “gross insubordination” or “misconduct in office”1 as those words are used in their normal meaning. If t…
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Texton v. Hancock, 359 So. 2d 895 (Fla. 1st DCA 1978)…urt has held that if a school teacher is responsible for teaching students in their formative years and commits acts of immorality after school hours, such acts may be indirectly related to misconduct in office. Tomerlin v. Dade County School Board, 318 So. 2d 159 (Fla. 1st DCA 1975). (Teacher performed cunnilingus on step-daughter.) Obviously acts performed by a tenured school teacher in a given situation may justify discharge, whereas in another situation they may not. Here Ms. Texton’s conduct must be jud…
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DeLAURIER v. Sch. Bd. OF Dade Cnty., 443 So. 2d 1067 (Fla. 3d DCA 1984)…te immorality and misconduct in office where the hearing officer’s findings of fact clearly supported contrary conclusions. See Adams v. State Professional Practices Council, 406 So. 2d 1170 (Fla. 1st DCA 1981); Tomerlin v. Dade County School Board, 318 So. 2d 159 (Fla. 1st DCA 1975). Affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Caspar Hefty, Jr., 213 So. 2d 422 (Fla. 1968)
- Forman v. State Bd. OF Accountancy, 243 So. 2d 4 (Fla. 3d DCA 1971)