WILHELMENA WEBBER, APPELLANT,
v.
SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, APPELLEE

Fla. 4th DCA | 1984-01-25
No. 83-432
ANSTEAD, C.J., and GLICKSTEIN, J., concur., WALDEN, J., concurs specially with opinion.
444 So. 2d 70 Florida District Court of Appeal, Fourth District (1984) Positive Treatment

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Synopsis

Wilhelmena Webber appealed her termination from the Palm Beach County School Board after a hearing found her guilty of professional misconduct. The Fourth District Court of Appeal affirmed the termination, rejecting challenges to the sufficiency of evidence, the board attorney's participation, the timing of disciplinary proceedings, and the severity of the penalty imposed.


Holding

The court affirmed the Board's findings and termination, holding that: (1) competent, substantial evidence supported the Board's findings; (2) the school board attorney properly participated in the proceedings; (3) prior rehabilitative attempts did not legally bar disciplinary proceedings; and (4) the penalty imposed was within the Board's discretion under law.


Headnotes

[1] A reviewing court will affirm a school board's findings of misconduct if there is competent, substantial evidence to support them.

[2] A school board attorney's participation in disciplinary proceedings is permissible unless there is a legal basis to disqualify them.

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Key Quotes

“Having determined the existence of such evidence, we have no authority to interfere with the fact-finding authority of the board.”

Establishes the standard of review: courts cannot overturn factual findings supported by competent, substantial evidence.

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Facts & Procedural History

Webber was a member of the administrative and instructional staffs of the Palm Beach County school system. The School Board conducted a hearing on var…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final order of the School Board of Palm Beach County terminating the appellant, Wilhelmena Webber, as a member of the administrative and instructional staffs of the school system after a hearing on a variety of allegations of professional misconduct made against Webber. In essence, four issues are raised on appeal: the sufficiency of evidence to support the school board’s findings of misconduct; the authority of the school board attorney to participate in the proceedings; the right of the board to prosecute after initiating other rehabilitative procedures against the appellant; and the severity of the penalties imposed. We have carefully considered the arguments presented by the appellant on each of these issues, and together with a review of the record and the controlling legal considerations conclude that we must affirm the findings and conclusions of the board. We have reviewed the record of the proceedings and conclude that there is competent, substantial evidence to support each of the findings made by the board.

Having determined the existence of such evidence, we have no authority to interfere with the fact-finding authority of the board. Woodworth v. Dept. of Education, 369 So. 2d 1040 (Fla. 4th DCA 1979). We also see no basis in law to overturn the board’s denial of appellant’s motion to disqualify the school board attorney from participating in the proceedings. Withrow v. Larkin, 421 U.S. 35, 95 S.Ct. 1456, 43 L.Ed.2d 712 (1975). Nor do we find the school system’s attempts to correct the alleged errant practices of the appellant as a legal bar to the disciplinary proceedings involved herein.

Finally, we are compelled to affirm the penalty imposed on appellant by the opinion of the Florida Supreme Court in Florida Real Estate Comm’n v. Webb, 367 So. 2d 201 (Fla.1978), which held that: “So long as the agency imposes a penalty prescribed by law, it has acted within the range of its discretion and the penalty may not be overturned by the reviewing court except in situations where an agency’s findings were in part reversed.” Id., at 203.

Accordingly, the final administrative action of the board is hereby affirmed.

ANSTEAD, C.J., and GLICKSTEIN, J., concur. WALDEN, J., concurs specially with opinion.

Concurrence
WALDEN, Judge,

WALDEN, Judge,

concurring specially.

I concur in the majority opinion but am constrained to make additional comment.

In my opinion, the dismissal of appellant from all employment in the school system was far too severe under the circumstances. However, I have not found or been shown any authority whereby this court can vary the penalty imposed. Regrettably, the School Board did not see fit to demote or discharge her as principal, but allow her to continue her tenure as a teacher in light of her exemplary record as a teacher over many years.


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