CASE #: 167-2531 DISTRICT: LEE STYLE: JENNIFER L HAMBLINGFLORIDA DEPARTMENT OF EDUCATIO! State Board Edveation — fideseng ‘Commissioner of Education Marva scheso, Coie sehr R Pegg, Vee Chor embers Gary Crarvand ‘Tom Graty ‘becca FisenanUpsey Mahae leek ‘cy Tuck Tuly 26, 2017 CERTIFIED MAIL. Case No,: 167-2531 Ms, Jennifer Hembli fing ‘DOE No: 970369 9159 Caloosa Road Fort Myers, Florida 33967 Dear Ms. Hambling: As Florida's Commissioner of Education I have considered carefully the investigative findings concerning allegations in the above referenced case. Pursuant to Section 1012,796(3), Florida Statutes, 1 have determined in lieu of finding probable cause, a letter of guidance is appropriate. ‘Your actions could have resulted in te filing ofan administrative complaint, significantly impacting your professional standing. In accordance with State Board of Education Rule 6A-10.081, you are expected to uphold ethical principles and have professional obligations to students, the public and the profession. As Florida certified educator, you are held toa higher standard of conduct than that ofthe general public, both in your personal and professional dealings. Be aware that any future actions on your part that bring question to your fitness to hold a Florida educator certificate may result ina disciplinary action against your certificate, up to and including revocation. ‘This letter of guidance does not constitute a disciplinary record against you for any purpose and is not appealable, Tt is mpy hope that this letter will aid and advise you of your obligation to uphold these professional standards and that you will move forward in your daily responsibilities with integrity and ‘professionalism. I take great pride in the quality and integrity of Florida’s certified educators, 1 trust that ‘your future conduct will reflect positively on yourself and your profession. Singerely, Apo y_sthlcmrf Pam Stewart ‘wo doe ng 3251. GalnesStreot{ Tallahassee FL 32399-0400 | 850-245-0505State Board of Education FLORIDA DEPARTMENT OF EDUCATION —— ‘Commissioner of Education Marv Johnson, Choir ‘no Tuk Vee Chair Members ‘Soy Chartrand Tom craay Rebecca Fohman Upsey Michael Olen. MEMORANDUM To: Adrienne Bergh, PPS Investigator i FROM: Gavin Duan, Assistant General Counsel RE: Jennifer L. Hambling Case Number: 167-2531 DATE: July 14,2017 have reviewed the investigative report and backup documentation in the above-referenced matter. Based on this review, itis my opinion: a ~ a ‘There is probable cause to file an Administrative Complaint/Notice of Reasons. ‘There is insufficient evidence to support a finding of probable cause. Therefore, I recommend a finding of no probable cause. ‘The facts set forth in the report and supporting documentation do not constitute a statutory Violation or a ule violation. ‘Therefore, I recommend a finding of no probable cause. ‘There is no credible evidence to support a finding other than no probable cause. ‘Therefore, I recommend a finding of no probable cause. Ifyou have any questions please call me. Dich, Offce ofthe General Counsel wor fides org 325. Gaines street~ Suite 1248 | Tallahassee, FL 32399-0000 | 850-245-0642FLORIDA DEPARTMENT OF EDUCATION OFFICE OF PROFESSIONAL PRACTICES SERVICES INVESTIGATIVE REPORT CASE NUMBER 167-2531. DOE Number: 970369 i: February 10, 2017 Date of Birth: May 27, 1982 informal Conference: May 19, 2017 | Employer: Lee Investigator: Adrienne Bergh ‘Site: Estero High School ‘Position: Art Teacher [DOE Counsel: ‘DUAN, CERTIFICATION AND DEGREE Certificate Type: Professional 2 Area(s) of Coverage: J Validity: 2013-2018 Art _ EEE ‘Stetson University 2004 ee ze LEGAL COUNSEL Educator's Counsel: Pro Se ALLEGATIONS Ms. Hambling was observed rubbing the back of a male student while alone in her classroom. | ‘Ms. Hambling was observed having her shoulders rubbed by a male student on a different ‘occasion. LiJennifer L Hambling 167-2531 ALLEGED VIOLATION(S) Section 1012.795(1), Florida Statutes. (g) Upon investigation, has been found guilty of personal conduct whi seriously reduces that person's effectiveness as an employee of the district school board; )_ Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules; State Board of Education Rule 6A-10.081 (3), Principles of Professional Conduct for the Education Profession in Florida (a) Shall make reasonable effort to protect the student from conditions harmful to leaming andior to the student's mental and/or physical health andior safety. INVESTIGATION Companion: Johnnie Mae Hawkins 16-3015 BACKGROUND / SIGNIFICANT EVENTS Jennifer Hambling has been an educator for approximately 11 years in Lee County, At the time of the allegation, she was employed as an art teacher at Estero High. School, where she has been employed since 2009. Her employment history includes: © 2005-2007 North Ft. Myers Academy for the Arts ‘* 2007-2008 Treeline Elementary School ‘On or about February 3, 2017, English Teacher Kristin Davie reported to Estero High ‘School Principal Clayton Simmons that during the week before she had seen Ms. Hambling seated at her desk getting her shoulders rubbed by a male student. Teacher Davie mentioned it to JROTC teacher Sergeant Kenneth Dawson after he told her of an incident is. Hambling, where she was rubbing the shoulders of cor lille of her classroom. Teacher Dawson took pictures and tured them over to SRO Corporal iris Sullivan, On February 3, 2017, Principal Simmons reported Ms. Hambling to the district. When Ms. Hammond was notified of the investigation, she resigned. On February 7, 2017, the district reported Ms. Hambling to PPS. Page 2 of 6Jennifer L Hambling 167-2531 INVESTIGATOR COMMENTS: DCF spoke vith ons other students, but did not share their findings. Principal ‘Simmons war ‘the case to be investigated even though Ms. Hambling resigned. The incidents occurred a week prior to Principal Simmons being made aware. Teacher Davie and Sergeant Dawson reported the incidents to Assistant Principal Johnnie Mae Hawkins. The district reported AP Hawkins to PPS on March 28, 2017. (167-3015) WITNESS / VICTIM STATEMENTS: Four random students were interviewed. Two additional students were scheduled; however, one was absent on the day of the PPS visit, and the other refused. The four students said Ms. Hambling was nice but they like their new ceramics teacher better. He is more engaged with everyone. Ms. Hambling did talk to some of her students more, or liked them better, but in a social way, not a bad way. DOB EEE is unhappy that he lost so much school time over ‘this. He does not want any part of any future investigation. (Page 17) Teacher Kristin Davie walked past Ms. Hambling's room and saw a student standing behind the desk with his hands on Ms. Hambling’s shoulders as if he were massaging them. At first Teacher Davie didn’t think too much about it, because she has known Ms. Hambling a long time, They both went to high school at Estero together and were back teaching there. Ms. Hambling as a large family with lots of nephews and it could have been one of her nephews as Teacher Davie didn't recognize him as a student. It wasn't until Sergeant Dawson mentioned Ms. Hambling interacting with a student at the basketball game that made her think something was up. Teacher Davie told Sergeant Dawson about what she saw. Dr. Hawkins was sitting in front of them and tumed around. She had them both go over what they saw and explain everything. The following week Sergeant Dawson showed Teacher Davie some pictures and asked if the student in the picture with Ms. Hambling was the same one Teacher Davie had seen in the classroom, but Teacher Davie could not be sure. The next time Teacher Davie spoke about the incident was when Principal Simmons called her to the office. He asked why she hadn't reported the incident, and Teacher Davie explained she spoke to AP Hawkins on the same day it happened. (Pages 22-23) ROTC Instructor Sergeant ‘son began to get concemed about the behavior of Ms. Hambling and! [They were with each other walking and talking. At one point Ms. Hambling began rubbing jshoulders as he was seated. Later that evening, he addressed his concerns with Teacher Davis and AP Hawkins, AP Hawkins asked him to take pictures and asked him to notify her if he ever sav in Ms. Hambling’s class so AP Hawkins could see for herself. AP Hawkins told Sergeant Dawson that she would report it after three incidents. Sergeant Dawson was Page 3 of 6Jennifer L Hambling 167-2531 concemed for the school, the student, and the teacher and felt that it needed to be reported. He showed Corporal Sullivan the photographs he took and advised her of his concerns. (Pages 24-25) Corporal Iris Sullivan, SRO, was approached by JROTC Sergeant Dawson, who told her he had witnessed numerous acts of a teacher and male student behave in a way that caused him concern, such as massages, walks, and private talks, He had taken Photos of the two of them. Corporal Sullivan asked if he had reported the incidents to anyone, and he told her that he had reported to Dr. Hawkins. Sergeant Dawson expressed his frustration because Dr. Hawkins told him he needed to document three separate incidents. Sergeant Dawson did not want to wait and asked for help. Corporal Dawson said she was unaware of any such rule and as mandated reporters, any incident, even suspected, needed to be reported. Corporal Sullivan contacted Principal Clayton Simmons to advise him she would be reporting the incident, and was surprised to find out that he was not aware. That afternoon Comporal Sullivan walked in Ms. Hambling’s classroom. Ms. Hamblin was there ‘alll another male student. Ms. Hambling introduced is her friend, and Corporal Sullivan inquired whether they were students at the sc! l. ‘They said they were, and there was general conversation in which Ms. Hambling and jseemed to be protective of each other. ENE roceived a phone call saving there was a pizza delivery. Ms. Hambling asked if he needed money, and| a. he did. Ms. Hambling gave [Ea twenty dollar bill and Corporal Sullivan walked the ‘students to the front office. (Pages 26-28) Principal Simmons didn't have any prior issues with Ms. Hambling. This all came to his attention in one day. He reported to the district, and Ms. Hambiing resigned that evening, which was a Friday. AP Hawkins had the information eariier in the week, maybe even the week before, and failed to report it. She was been removed from the school while the district investigated her for failing to report the incident. ‘On February 2, 2017, Principal Clayton Simmons was informed by Corporal Sullivan of incidents involving Ms. Hambling and He was also told that Sergeant Dawson had reported the incident to Dr. Hawkins, who told him he needed to continue to document the incident. Principal Simmons told Corporal Sullivan he would report the incident immediately, and contacted law enforcement, [IJ and the district office. Principal Simmons called Dr. Hawkins to respond to his office and had Assistant Principal Mike Amabile sit in as his witness. Dr. Hawkins came in to the office and adviged him she had something to tell him. Dr. Hawkins told him about Ms. Hambling and [IEEE and Principal Simmons advised her he already knew. He counseled her on mandatory reporting and advised her that the delay of a week was unacceptable. (Page 29) Page 4 of 6Jennifer L Hambling 467-2531 PHYSICAL EVIDENCE iL Photographs (Pages 11-12) 2. Resignation (Pages 13-15) INFORMAL CONFERENCE AND RESPONSE TO ALLEGATIONS 1. In accordance with Section 1012.796, Florida Statutes, an opportunity for a conference was provided on May 19, 2017. 2. Onor about May 12, 2017, Ms. Hambling responded to the conference via telephone. Ms. Hambling did not request the investigative file and stated she would write a letter. 3. Onor about May 17, 2017, Ms. Hambling submitted a response: * A letter which states in part that her relationship with [IEEE was always professional and ethical. EJ was a volunteer and became. a member of the Art Club. He excelled in ceramics and was one of her top students. ‘* Ms. Hambling and the other art teacher have an open door policy and students are allowed extra studio time. They have two art clubs and a gay straight alliance club. Students often find refuge in art and the art room. * Ms. Hambling cares for the mental health and academic success of all her students and treats them like she treats her own children. shared a traumatic event with her and she responded by ru shoulder and patting his back to comfort him as she might her own son. Ona different oczasion she was having trouble with her computer when jand another student came in. The other student put his hands on her shoulders to alleviate her stress. Ms. Hambling understands it may have looked odd but there were no Ill intentions on anyone's part. * Ms. Hambling has been an excellent employee for eleven years and received the highest ratings. In December of 2016, she became depressed after a miscarriage. She felt like the school handled this situation unprofessionally. She didn't love it anymore so she resigned. ‘+ Ms. Hambling is a certified yoga instructor and has recently gone back to school for her masters in clinical and mental health care counseling. Eventually she would like to open a wellness studio to integrate yoga, mental health and art therapy. Page 5 of 6Jennifer L Hambling 167-2531 INDEX Documentation Page(s) | Certification Data es 12 DAT District Reporting Letter/Form 3 2HO/T | Opening Letters & Cerlified Mail Receipts 47 BIT District Investigative Report 16 GAT Statement: Vietim/Student! 7 - ot pr [46/17 | Statement Student I 18 SIT Statement: Student OO: aa 19 aT Statement Studer i 20 aT Statement: Student i [21 1 457 | Statement: Teacher Kristen Davie 22-23 | ‘aiBAT ‘Statement: ROTC Instructor Kenneth Dawson eal aBAT ‘Statement: Corporal Iris Sullivan 26-28 BT ‘Statement: Principal Clayton Simmons 2 BIST Notice of Informal Conference & Certified Mail Receipts 30-32 STAT Letter and Attachments: Jennifer Hambling 33-35, Page 6 of 6CertAppBrowse Page | of 1 = Deares Browse isos Sas Sts Home BEC-PASS Manual District 08:00 “EDUCATOR CERTIFICATION BEC Partnership Manual Ie foodback issues 1 BECTS [Ceriapp Browse Tooke: | oak | eros ane) Saree [Rppicetons wii ‘https://bee-pess.fldoe.orp/tes/Evaluation/certappbrowse.asp?Reloading=Y&PassPending=... 4/27/2017 /Profile main Page | of 1 hhtps:/bec-pass.fldoe.org/tes/Distrcts/ProfileMain.asp?Reloading=Y&PassPending-VA&l.. 427/2017 GhEDUCATOR MISCONDUCT REPORTING FORM. Office of Professional Practices Services . Hee REPORTER INFORMATION: EXiPublic School [_]Charter Schoo! []Private School []FSDB [JLab School REPORTER CONTACT INFORMATION: School/District: Estero High School/Lee County Contact Person Name and Title: Michelle Freeman, Director, Professional Standards & Equity Contact Address and Telephone: Date: 2-7-2017 855 Colonial Blvd. Pt, Myers, Fl. 33966; 239-461-8441 INFORMATION REGARDING THE EDUCATOR BEING REPORTED EDUCATOR'S NAME: Jennifer Hambling ADDRESS: 9159 Caloosa Road Fort Myers F. 33967 HOME PHONE: WORK PHONE: CELL PHONE: 239-281-0683, SSN: >ATEOF BIRTHS-27-1982 DOE CERTIFICATE #970369 ASSIGNED SCHOOL: Exero High Sshool POSITION: Teacher SUBIECTIGRADE LEVEL: Ar‘Secondary YEARS EXPERIENCE: 11 years, $ months, 26 days ‘CONTRACTUAL STATUS: PSC (CURRENT EMPLOYMENT STATUS: Resignation ‘SUMMARY OF THE ALLEGATION: On or about 02/03/17, Professional Standards and Equity received allegations that Mrs. Hambling was observed by two staff members on separate occasions alone with a male student. One staff member allegedly observed Mrs. Hambling rubbing the back and/or shoulders of the male student. ‘The second stuff member reportedly observed Mrs. Hambling having her shoulders rubbed by the ‘same male student. The school SRO witnessed Mrs. Hambling paying for pizza she andior the same student ordered while in her elassroom after school. Mrs. Hambling received notification that the District opened a formal investigation into the above allegations 02/03/17 at approximately 4:45pm. ‘Mrs. Hambling sent an email to Professional Standards and her Principal at 7:33pm indicating she Was resigning from her position at Estero High Sehool. For questions, contact our office at #50:245.0438 n tothe reporting form, submissions to the Office of Professional Practices Services should 1. All investigative material, report, evidence, documents or related materials (Examples include, ‘vetim or wimess statements, arest reports of court documents, newspaper articles, computer evidence, ‘video or audio tapes, text messages or cell phone records, photographs, grade book or calendars, sifsitems, statements, erest reports), court documents, local investigative reports, termination oF disciplinary documents, letter of resignation, district disciplinary action documents, DOAH Orders, and class rosters), Do not send sanitized or redacted documents. War