Sherburne v. School Bd. of Suwannee County

455 So. 2d 1057, 20 Educ. L. Rep. 346, 1984 Fla. App. LEXIS 13468
CourtDistrict Court of Appeal of Florida
DecidedJune 7, 1984
DocketAP-288
StatusPublished
Cited by5 cases

This text of 455 So. 2d 1057 (Sherburne v. School Bd. of Suwannee County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherburne v. School Bd. of Suwannee County, 455 So. 2d 1057, 20 Educ. L. Rep. 346, 1984 Fla. App. LEXIS 13468 (Fla. Ct. App. 1984).

Opinion

455 So.2d 1057 (1984)

Pamela SHERBURNE, Appellant,
v.
SCHOOL BOARD OF SUWANNEE COUNTY, Florida, Appellee.

No. AP-288.

District Court of Appeal of Florida, First District.

June 7, 1984.
Rehearing Denied August 23, 1984.

*1058 Elizabeth L. White and William J. Sheppard of Law Offices of William J. Sheppard, P.A., Jacksonville, for appellant.

William R. Slaughter, II of Slaughter & Slaughter, Live Oak, for appellee.

SMITH, Judge.

Ms. Sherburne appeals from an order of the Suwannee County School Board terminating her employment on the grounds that she lacked good moral character. We reverse.

Ms. Sherburne, a 1974 college graduate, applied for and received a one-year annual contract to teach Spanish at Suwannee County High School during the school year 1975-1976. Her annual contract was renewed for the 1976-1977 school year, and again for the 1977-1978 year. At the completion of the 1977-1978 school year, the Suwannee County School Superintendent recommended that Ms. Sherburne receive a continuing contract. The School Board, however, declined to issue a continuing contract, but reissued an annual contract, notifying appellant of its action by mail, but failing to specify any reasons for its action. Upon inquiry, appellant was advised by the Superintendent that a Board member had recommended removal of her name from the list of those eligible for continuing contract because of her "relationship" with a male acquaintance, Bob Palmer. At the next meeting of the Board the Superintendent *1059 again recommended appellant for continuing contract status. The Board again declined to award a continuing contract, and instead withdrew its previous offer of an annual contract. Appellant's request for a hearing was denied, but a hearing was subsequently held pursuant to order of a United States District Court.

The Board's notice of hearing charged that during the course of the 1977-1978 school year appellant cohabitated at various times with an adult male to whom she was not married, and to whom she was not related by blood or marriage, and that she permitted this same male to visit her classroom in the "direct or indirect" presence of students and faculty members during times when she should have been teaching class. The notice further charged that she had been warned about her behavior but persisted in it, and concluded that this conduct demonstrated an absence of good moral character, set a bad example for and had a harmful effect upon her students. At the conclusion of the hearing, the Board found that the cohabitation referred to existed for a period of approximately one month, that it was well-known by her students and was a subject of frequent discussion among her students, and that appellant during the years 1977 and 1978 permitted and encouraged the adult male with whom she was cohabitating to visit her classroom in the direct or indirect presence of students and other faculty members. The Board further found that knowledge of appellant's relationship was so well-known within the community to both students and the public at large that "some parents" made complaints to the school principal, and that her conduct set a bad example for students because of their age, impressionability, and state of development, so as to have a present and potentially harmful effect with regard to the formation of student values and attitudes upon morality, family, lifestyle and character. The Board's order further recited that appellant was warned that her conduct was unacceptable to the School Board and that she should discontinue such conduct, but notwithstanding, she continued her cohabitation. The Board also found that while the cohabitation of appellant "in and of itself" with an adult male to whom she was not married "may not be immoral to some segments of American population," it is "not an indicator of the high moral standards required by law of a teacher." From the foregoing, the Board concluded that appellant lacked "good moral character," "good judgment," that she had failed "to conform to the moral standards established by the vast majority of teachers employed by the School Board of Suwannee County," and that her cohabitation and public knowledge thereof together with the effect upon her students and potential students "is personal conduct which seriously reduces her effectiveness as an employee of the School Board."

The evidence disclosed that appellant lived with Mr. Palmer in his house trailer during January of 1978 while her trailer was being repaired. As soon as her trailer was habitable she moved out of Palmer's trailer. At the time of the April, 1978, School Board meeting at which she was first denied a continuing contract, appellant was living in her own trailer. She testified that she sometimes spent the night at Palmer's trailer, and that he sometimes spent the night at her trailer.

Frank Stankunas, Superintendent of Schools for Suwannee County, called as a Board's witness, was the principal of Suwannee High School during the 1977-1978 school year, and the assistant principal during the previous years. Among his duties was the evaluation of teachers. He testified that he never had any complaints or comments from the students concerning appellant and her relationship with Palmer. There were no discipline problems among appellant's students, and he was of the opinion that she was an excellent teacher. The only evidence that there were parental complaints came from Mr. Stankunas, who admitted that there were a couple of inquiries concerning Bob Palmer's presence on the school grounds. He explained, however, that at his request Palmer had volunteered, free of charge, to construct a tennis *1060 court and give tennis instructions, and that Palmer also helped, again free of charge, in constructing facilities for the school's reading laboratory. Stankunas was at no time advised that Palmer had visited appellant's classroom, nor that there was any improper conduct on the part of Palmer or appellant during his presence at the school.

The Board produced the audio deposition of one former student, a 1977 graduate, in which she stated that she saw Bob Palmer around the campus at times, and in appellant's classroom on one occasion. She also said that she had discussed with other students the relationship between appellant and Palmer, that they were living together, and that she had gone to appellant's home on Friday and Saturday night dates along with other students "to see if we could see them together." There was no testimony of what, if anything, she or the other students ever saw. The Board also heard the testimony of an expert witness psychologist who opined that granting a continuing contract to a very efficient and popular teacher concerning whom it was commonly known that she lived with a member of the opposite sex without benefit of marriage "would impact upon the student body in fairly significant ways, or potentially so." No parent or teacher testified, and no Board's witness was able to testify that appellant's relationship with Palmer became a matter of "common knowledge" before the Board's denial of continuing contract status resulted in newspaper publicity. The Board produced no evidence that appellant had been "warned" about her alleged conduct.

Former students testified in behalf of appellant that they never saw any inappropriate conduct between appellant and Palmer. They testified that they learned of her relationship with Palmer either through the newspapers or from adults, but that the relationship was not commonly discussed among the students.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McNeill v. PINELLAS COUNTY SCHOOL BD.
678 So. 2d 476 (District Court of Appeal of Florida, 1996)
Tenbroeck v. Castor
640 So. 2d 164 (District Court of Appeal of Florida, 1994)
Krueger v. School Dist. of Hernando County
540 So. 2d 180 (District Court of Appeal of Florida, 1989)
Duval County School Board v. Davis
30 Fla. Supp. 2d 227 (State of Florida Division of Administrative Hearings, 1988)
Spurlin v. School Bd. of Sarasota County
520 So. 2d 294 (District Court of Appeal of Florida, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
455 So. 2d 1057, 20 Educ. L. Rep. 346, 1984 Fla. App. LEXIS 13468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherburne-v-school-bd-of-suwannee-county-fladistctapp-1984.