Problem

Linda Burton, a fifth grade teacher (operating under a continuing contract) at Nelson Elementary School in Pine Point, Florida (Pine County), was dismissed from her job for incompetence and immoral behavior. During the summer of 2015, she engaged in what would later be described as an alcoholic binge. During a four-day period, she separated from her husband. She engaged in an altercation with two deputies of the Pine County Sheriff's Department and was transported to a mental facility for observation, pursuant to the Baker Act. She was charged with drunken disorderly and pled nolo contendere to the charge. Her record was expunged when she completed a diversionary program.

Ms. Burton was suspended without pay on August 18, 2015 and an administrative hearing officer found that she violated Board polices and terminated her contract. Ms. Burton has sued to be reinstated. Should Ms. Burton be reinstated?

What are the facts of the case?

What did the hearing officer conclude?

In addressing Ms. Burton's reinstatement, a review of Florida Statutes 1012. 33 (2015) is necessary:

Cite Florida Statutes 1012.33 (6)(a) - quote what it says and how it applies to Ms. Burton.

Cite Florida Statutes 1012.33 (1)(a) - quote what it says and how it applies to Ms. Burton.

Can Ms. Burton can be suspended (without pay) or terminated for just cause?Rule 6A-5.056, Florida Administrative Code describes the criteria for suspension and dismissal of educators and defines "just cause."

Cite Rule 6A-5.056 (1) - quote what it says and how it applies to Ms. Burton.

While the school district might find Ms. Burton's actions "immoral," Clark v. School Board of Lake County, Florida, 596 So. 2d 735 (Fla. Dist. Ct. App. 1992), would disagree. What are the facts of Clark?

What did the 5th District Court of Appeals in Clark hold and why?How does this apply to Ms. Burton's case?How is it different?How is it the same?

Given these facts should Ms. Burton be terminated?

One final hurdle outlined in Rule 6A-10.081 (5) (m), Florida Administrative Code.

Cite rule.Why might this cause her termination?