Professional Standards Commission v. Peterson

643 S.E.2d 899, 284 Ga. App. 424, 2007 Fulton County D. Rep. 1023, 2007 Ga. App. LEXIS 340
CourtCourt of Appeals of Georgia
DecidedMarch 22, 2007
DocketA06A2195
StatusPublished
Cited by3 cases

This text of 643 S.E.2d 899 (Professional Standards Commission v. Peterson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Professional Standards Commission v. Peterson, 643 S.E.2d 899, 284 Ga. App. 424, 2007 Fulton County D. Rep. 1023, 2007 Ga. App. LEXIS 340 (Ga. Ct. App. 2007).

Opinions

Barnes, Chief Judge.

The Professional Standards Commission (PSC) appeals a superior court’s decision to reverse a PSC ruling that sanctioned two elementary school teachers. For the reasons that follow, we affirm.

The evidence shows that Ray and Sharon Peterson are elementary school teachers in Atkinson County, and their teenage daughter attends the county high school. The elementary school’s assistant principal told the principal that she heard alcohol had been served to underage teenagers at a party at the Petersons’ house, and that there [425]*425were pictures “flying around” of teenagers holding beer cans at that party. The principal called the school superintendent and reported the hearsay, because Atkinson County is a small community and he did not want anyone to think he had covered up information about the party. The superintendent called the high school principal and directed him to investigate the matter. A board member asked the superintendent to also investigate what happened at another party in the summer of 2003 at the Petersons’ house.

The high school principal interviewed 11 students, as instructed, and they confirmed that they had attended a party at the Petersons’ house in October 2003 where underage teenagers were drinking. Nine students said that the Petersons did not know about the drinking and two students said they did. The principal confiscated the pictures, some of which showed teenagers holding beer cans, and delivered his notes to the superintendent. After conferring with members of the school board, the superintendent sent a report to the PSC, which found probable cause that the Petersons had violated the Code of Ethics for Educators and proposed a one-week suspension of their teaching certificates.

The Petersons requested a hearing before an administrative law judge (ALJ), and the PSC filed its “Statement of Matters Asserted,” which laid out the charges against the teachers. The PSC claimed that the Petersons hosted two parties at which students were intoxicated, one in the summer of 2003 and the other in October 2003. The agency alleged that two male students began fighting at the summer party, that Ray Peterson had to intervene, and that one of the students was intoxicated and had to be driven home. Additionally, the PSC contended that about 50 students attended the October party, that many were drinking alcohol and were intoxicated, that “at least” one student became physically ill in the Petersons’ house, and that students photographed each other inside the house holding alcoholic beverages. The Petersons denied the charges, and the ALJ held a hearing.

Eight students testified, as well as the Petersons, their daughter, the two principals, and the superintendent. The superintendent testified that he interviewed a young man who had attended the Petersons’ summer party, who said that Ray Peterson broke up a fight between him and another attendee. The superintendent thought that Peterson conducted himself professionally. Peterson testified that the young man arrived intoxicated, that he broke up a fight, and that he sent the young man home “so his own parents could deal with him.”

Regarding the October party, five of the students and the Peter-sons’ daughter testified that the teenagers were hiding the alcohol, which everyone agreed that the Petersons did not furnish, and three [426]*426students testified that the alcohol was not concealed. The Petersons testified that they were in the house for all but about 45 minutes to an hour, when they left to pick up pizza for the party, and their daughter testified that the pictures of teenagers holding beer cans inside the house were taken then.

After reviewing the evidence presented, the ALJ found that the Petersons had not violated any ethical standards at the summer party, where an uninvited student who was already intoxicated came to the house, started a fight, and had to be physically restrained and taken home. The ALJ further found, however, that the teachers violated Standard 10 of the Code of Ethics for Educators at the October party. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. Unethical conduct impairs the educator’s “ability to function professionally in his or her employment positions or conduct that is detrimental to the health, welfare, discipline or morals of students,” including inadequate supervision, the ALJ held. In light of the testimony that 75 to 100 teenagers were present at this party, many of whom were drinking, the ALJ found that the Petersons were either inadequately supervising the party or were being untruthful when they denied knowing about the drinking, and recommended that the PSC’s sanction be affirmed.

The Petersons requested agency review, and after hearing oral argument, the PSC voted to uphold the recommendation of the ALJ. The Petersons then petitioned the superior court for judicial review pursuant to OCGA § 50-13-19. After hearing oral argument and reviewing the evidence and documents of record, the superior court reversed the PSC, finding that the agency’s decision was clearly erroneous because it presented no evidence that the Petersons’ conduct impaired their ability to function professionally or constituted a pattern of behavior detrimental to students. The court also found that the regulation was void for vagueness as it gave no notice that failure to oversee their daughter’s friends’ alcohol in their home would equal a violation. The court further held that the regulation was applied subjectively, arbitrarily, and discriminatorily, because the record indicated that students had been drinking alcohol at their prom on school property, and none of the educators present then had been disciplined. Finally, the court held that imposing a sanction on teachers for failing to catch teenagers drinking alcohol at events not affiliated with the school

opens the doors to disciplining teachers across this State for activity conducted at their home, outside the classroom, and unrelated to school functions or obligations, which has no [427]*427bearing on their students, no bearing on their professional ability as an educator, and is solely an attack on their ability as a parent.

On appeal, the PSC argues that the superior court erred in reversing the sanction, because the agency’s decision was not clearly erroneous and because the standard was not void for vagueness.

1. Under the Administrative Procedure Act, an administrative agency’s findings and conclusions may be reversed by the superior court if they are “clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” OCGA § 50-13-19 (h) (5). This language has been interpreted to preclude review if “any evidence” on the record substantiates the administrative agency’s findings of fact and conclusions of law. The presence of conflicting evidence is sufficient to satisfy the any evidence standard. Upon further discretionary appeal to this Court, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency.

(Citations and punctuation omitted.) Professional Standards Comm. v. Alberson, 273 Ga. App. 1, 4 (1) (614 SE2d 132) (2005).

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Professional Standards Commission v. Peterson
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Bluebook (online)
643 S.E.2d 899, 284 Ga. App. 424, 2007 Fulton County D. Rep. 1023, 2007 Ga. App. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/professional-standards-commission-v-peterson-gactapp-2007.