Judge: District can fire teacher under policy

LARGO -- An administrative law judge said the evidence showed that veteran middle school teacher Reginald K. Reese is a tribute to his profession. His co-workers called him "the epitome of quality, a wonderful teacher, top-notch, one of the best."

But in a recommendation the Pinellas County School District received during the winter break, Carolyn S. Holifield said the School Board can fire Reese anyway because that's what its discipline policy prescribes.

Reese was arrested in 1999 and charged with a sexual offense, and the district's policy says anyone accused of that kind of conduct will be automatically fired.

"I'm happy that it upholds the board's policy," said Jackie Spoto Bircher, an attorney for the school district. "It's in line with what the board thinks is appropriate in these circumstances."

The School Board likely will vote on the judge's recommendation Feb. 12. The recommendation is not binding; the board can do whatever it thinks best.

Mark Herdman, Reese's attorney, has high hopes that board members will ignore the recommendation, keep Reese and change the policy. If the board doesn't, he will appeal.

"The goal of the district is to provide quality education," Herdman said. "They've got an excellent teacher, and they've got a process that says they've got no choice but to fire him. It really comes down between their mission and their process."

The district passed the strict policy in the mid 1990s. Reese was hired in 1988 as a substitute and in 1989 was hired full time. Most recently, Reese was a dropout-prevention teacher at Riviera Middle School in St. Petersburg. All his evaluations have been positive.

Reese, 43, was arrested Nov. 10, 1999, in a public beach area on Fourth Street N off 116th Avenue. Three undercover deputies were doing a spot check of the area and said they saw Reese and two men, whom Reese didn't know, engaged in consensual sexual activity.

He was charged with exposure of sexual organs and lascivious acts, both misdemeanors.

After his arrest, Reese hired an attorney who advised him not to tell his bosses. Though the district requires notification of an arrest, Reese didn't tell his supervisors. He pleaded no contest to the charges and paid fines, and adjudication was withheld. Afterward, Reese successfully petitioned to have his criminal record sealed.

When it came time in June to renew his teaching certificate, Reese notified the district about the arrest. Superintendent Howard Hinesley recommended that Reese be fired. He has been on unpaid suspension since July 31.

The district argued Reese should be fired on two grounds -- first, that his act was immoral and impaired his effectiveness as a teacher and second, that Reese violated district policy with his arrest. Reese contested the firing, saying that his arrest did not impair his teaching ability and that the discipline policy is unconstitutional because it denies him due process.

The judge disagreed that Reese's conduct would affect his teaching; in fact, friends and colleagues said they believed he could get past the incident and continue to have a positive impact on his students. However, the judge said a school board can outline, by policy, conduct that it believes should lead to dismissal. The district has such a policy and proved Reese violated it, she said. She did not comment on the constitutionality or wisdom of the policy.

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