Purvis v. Marion County School Bd., 5D99-3600.

• Decision Date: 22 September 2000
• Docket Number: No. 5D99-3600.,5D99-3600.
• Parties: Barrett PURVIS, Appellant, v. MARION COUNTY SCHOOL BOARD, Appellee.
• Court: Florida District Court of Appeals

766 So.2d 492

Barrett PURVIS, Appellant, v. MARION COUNTY SCHOOL BOARD, Appellee.

No. 5D99-3600.

District Court of Appeal of Florida, Fifth District.

September 22, 2000.

Mark D. Shelnutt, of Mark D. Shelnutt, P.A., Ocala, for Appellant.

William C. Haldin, Jr., of William C. Haldin, Jr., P.A., Ocala, for Appellee.

GRIFFIN, J.

Barrett Purvis ["Purvis"] appeals a final order of the School Board of Marion County terminating his continuing contract of employment. Because we find that the decision was supported by competent substantial evidence, we affirm.

Purvis was hired by the School Board for the 1997-1998 school year as a high school physical education teacher and head basketball coach at Dunnellon High School. On May 10, 1998, he was arrested by officers of the Ocala Police Department subsequent to an altercation he had with his fiancee outside a local nightclub.¹ He was charged with domestic violence battery, resisting an officer with violence, and battery on a law enforcement officer as a result of the incident.

Purvis was suspended on June 23, 1998. He requested a hearing, which by mutual consent was postponed until after resolution of the criminal charges against him.

On March 19, 1999, Purvis was tried before a jury on the reduced charges of resisting arrest without violence and battery on a law enforcement officer, and was acquitted. His version of events was that his fiancee had slapped him, and not vice versa, after which he had been wrongfully placed under arrest, was battered by police officers and sprayed with pepper spray.

Following Purvis' criminal trial, the Superintendent of Schools for Marion County amended the administrative charges against Purvis to add the further allegation that Purvis had lied at his criminal trial. The additional charge was that:

5. During his criminal trial on or about March 26, 1996, Respondent did knowingly and willfully, utter false statements while under oath with the intention of misleading the tribunal and concealing the truth.

At his subsequent administrative hearing, Purvis disputed all of the material allegations contained in the amended charging document.²

Purvis' administrative hearing took place on August 12, 1999. The issue as framed by the hearing officer was whether Purvis had engaged in "misconduct in office.³" The State Board of Education has defined this term as follows:

Misconduct in office is defined as a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-1.001, FAC., and the Principles of Education Profession in Florida as adopted in Rule 6B-1.006, FAC., which is so serious as to impair the individual's effectiveness in the school system.

Fla. Admin. Code R. 6B-4.009(3).

At the hearing, the parties stipulated to the admission of testimony from the criminal trial for substantive purposes. A number of live witnesses also appeared at the hearing, including a paramedic who testified that he had treated Purvis for pepper spray following the incident, two police officers who had participated in Purvis' arrest, and an eyewitness to the arrest. Purvis also testified on his own behalf at the hearing.

Two witnesses gave testimony relating to the issue of whether Purvis' actions were so serious as to impair his effectiveness in the school system. Mr. James ["James"], the principal of Dunnellon High School, testified that as principal he is responsible for supervising all personnel at the school. His prior evaluations of Purvis had both a teaching component and a coaching aspect. He explained:

I look at the effectiveness of the teacher as he present [sic] himself to the class, he present [sic] himself to the parent, and to the community. That's part of his assessment.

When we look as his coaching ability, we look at the person not only as a coach but we look at him as a role model. We look at him as a—as a counselor, and a person that—almost a surrogate parent per se.

He testified that he could not recommend retaining any teacher who was not honest, trustworthy, and loyal. He said that a teacher also needs to be able to give students "the best possible advice" and to maintain the "highest standards." James explained that following Purvis' acquittal, he had originally wanted him to return to Dunnellon, but had changed his mind after reading the transcript. He said:

There were several things in [the trial transcript]. One, the incident and fact that we were there, that Barry was there.

Two, was the fact that I was reading his testimony, and I was reading that and I know in my mind that he knew that that was something that was not appropriate for us as Dunnellon High School. I know that he know that [sic].

He also said that his staff is extremely important because "if a principal is to impact the lives of students it's through staff." He testified that were he to rehire Purvis, he would have difficulty "backing him" because he has failed to demonstrate the high standards which James wants to maintain. He also testified that Purvis knew what was expected of him in terms of being a role model, and he had violated the trust that had been put in him by going to Shark Attack, while knowing he was not supposed to be there:

[T]his young man knew that I did not want him out there. And by looking at the transcript he knew what I expected of him in terms of being a counselor for these students, being someone they can go when they're in a tight situation.

Okay? When I read this transcript I felt that he had betrayed the trust that I had put in him because he knew between a shadow of a doubt that that was a no-no.

James acknowledged that the jury in the criminal trial had found Purvis not guilty of any offense, but said this was not material to his decision to retain Purvis. He stated:

[M]y jury is the people at Dunnellon High School. I have stood with Barry when I've had people that called and said he did this or that. So when we start talking about juries, let's make sure we get the right jury.

* * *

The jury that tried his case had no bearing on my recommendation to the superintendent. The jury that tried his case is the jury of young people that I have and the parents of those folks.

James acknowledged that he had been quoted in the newspaper on July 21, 1998 (two months after the incident) regarding Purvis, and that he had stated:

Barry is to be commended for the tremendous job that he has done. No matter what happens that is something you can't take away from anyone. He is an excellent coach and teacher.

He also admitted that prior to the incident, all of Purvis' assessments had been good and that he had recommended the renewal of his professional contract in February 1998.

Dr. Smith, the Superintendent of Schools for Marion County, testified that he had (a) read the criminal trial transcript; (b) considered information presented by his support staff; (c) considered James's recommendation to terminate Respondent's employment; (d) considered Joint Exhibit 2; (e) read newspaper articles relative to the May 10, 1998 incident; and (f) consulted with three members of the school advisory council of Dunnellon High School. He does not believe that Purvis should return to Marion County schools as a teacher or coach. Dr. Smith determined that Purvis should be terminated because of his questionable integrity. He explained that Purvis was not sufficiently trustworthy to be responsible for supervising, advising, and influencing students, especially in situations beyond the classroom or where he is the only adult present, such as field trips, athletic events, and club activities. He noted that teaching requires something more than the "ability to deliver instruction." He explained:

The role of a teacher is much more than their ability to deliver instruction. And it is also based upon the fact that they, in their actions and behavior both in school and outside of school, influence children.

Annually we conduct an assessment of our graduating seniors to determine their experience in our schools. And second only to parents they indicate that teachers have a great role in influencing their decisions and their futures.

He ultimately concluded that Purvis "would not be effective as a teacher" at Dunnellon.

On October 4, 1999, the administrative law judge issued an order in which she recommended Purvis' reinstatement. In making this recommendation, she found the following facts regarding the incident and Purvis' subsequent testimony at his criminal trial: On the night of May 9, 1998, Purvis had gone to Shark Attack with his fiancee and her cousin, despite having been warned by his principal not to go to the club. `While at the club, Purvis became involved in an argument with his fiancee, Ms. Casko, because she refused to leave. Ms. Casko's cousin intervened in the argument when they took the argument outside, and Purvis grabbed him by the face, after which Ms. Casko began hitting Purvis. Purvis struck Ms. Casko during the altercation, but there was "no persuasive evidence" that the blow was intentional. The bouncer from the club saw the argument and asked the club's manager to call police. Four officers soon arrived in their patrol cars, and several went to retrieve Purvis, who had walked down the street, away from his fiancee. Although initially cooperative, Purvis became belligerent upon learning that he was going to jail for domestic violence, and officers had to hold Purvis against the hood of a patrol car in order to put the cuffs on him. Purvis also refused to get in Officer Compton's police car, as directed by officers, and instead attempted to give Ms. Casko back her ring. In the process of trying to give back the ring, he "accidentally butted Officer Sellers in the head, leaving him stunned." This prompted officers to spray Purvis with pepper spray, following which Purvis began to struggle "vigorously." Purvis was taken across the road to await medical treatment for the pepper spray; and an ambulance crew arrived and...