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Professor's pay halted over dating accusation

St. Petersburg College trustees vote to withhold his salary pending a judge's decision.

By ADRIENNE P. SAMUELS
Published March 22, 2005

A St. Petersburg College professor accused of dating a student in his class is losing his paycheck just a week before he appears before an administrative judge to plead his case.

SPC's trustees voted 4-1 to cancel Gary Rodriguez's $43,014 salary pending a judge's finding. The college turned the matter over to a judge rather than having to investigate and punish Rodriguez.

Trustee Ken Burke, clerk of the circuit court, was the lone dissenter. His move forced college attorney Joe Lang to amend a previously written document that said the trustees unanimously supported the suspension.

The board had to decide if there was probable cause to suspend Rodriguez's pay. But as the hourlong discussion morphed into a he-said, she-said conversation, Burke said he needed more facts and fewer allegations.

"There is a tremendous lack of evidence," Burke said. "I'm a believer in due process. If this were a grand jury, you would need to see the evidence."

Trustee W. Richard Johnston said the fact that some questions existed was proof enough.

"I have a duty as a trustee to respect the resources of the college," Johnston said.

SPC president Carl Kuttler, who initiated the process to remove Rodriguez from his position, was at the meeting but remained silent.

The case hinges on whether the student, Pamela Socorro, 20, and Rodriguez, 34, dated before or after the end of the semester in question. SPC prohibits teachers from having improper relationships with a student over whom the teacher has power - that is, a student taking a teacher's class.

Socorro and Rodriguez admit they dated but disagree on when the relationship started.

SPC accuses Rodriguez of several things: "aiding and abetting" a student younger than 21 in drinking alcohol, abusing his power "to encourage and induce female students to come to his house," having a relationship with a student while he was married, having a sexual "and/or" romantic relationship with a female student while she was enrolled in his class and suggesting that a student quit school.

Rodriguez's attorney, Craig Berman, said the allegations are bogus and the board, appointed by Gov. Jeb Bush, might be reluctant to go against the politically connected Kuttler.

He questioned the reasoning behind suspending Rodriguez's pay a week before a judge determines the truth of the matter.

"I think it's hard for the board to be totally neutral when the president is there," Berman said.

SPC's outside counsel, attorney Mark Levitt, said he thinks the board voted "as they see it."

Levitt said he doesn't have to prove all the allegations set forth by Kuttler. And, Levitt said, the issue in question is bigger than the no-dating rule.

"The rule is not black or white," Levitt said. "It's about inappropriate attention."

Rodriguez's ex-wife, Eileen Rodriguez, 33, of Palm Harbor, sat next to Rodriguez during the meeting. She said she came to support him and to dispute the allegation that the two were married when Rodriguez was dating Socorro. She wanted to know what will become of her child-support payments for the couple's young twins.

The hearing begins March 29 and is expected to last two to three days. After the judge makes a ruling, SPC's trustees will decide whether to continue Rodriguez's employment.

--Adrienne Samuels can be reached at 445-4157 or samuels@sptimes.com

[Last modified March 22, 2005, 01:21:16]