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Tobe M Lev
Tobe M Lev
Visitors: 85
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Bar #226475(FL)     License for 48 years; Member in Good Standing
Orlando FL

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08-001596TTS  ORANGE COUNTY SCHOOL BOARD vs JAMES DESHAY  (2008)
Division of Administrative Hearings, Florida Filed: Mar. 31, 2008
The issue in this case is whether Respondent violated misconduct rules relating to educators and, if so, whether discipline, up to and including dismissal, should be imposed by Petitioner.Petitioner met burden to prove misconduct by Respondent, but not to warrant dismissal as a sanction.
02-000214  ORANGE COUNTY SCHOOL BOARD vs NATHANIEL PACKER  (2002)
Division of Administrative Hearings, Florida Filed: Jan. 15, 2002
The issues presented are whether Respondent's contact with a student during a physical education class on November 14, 2001, violates the terms of previous directives and written reprimands; and whether such conduct constitutes misconduct in office, gross insubordination, willful neglect of duty, or conduct unbecoming a public employee, within the meaning of Florida Administrative Code Rule 6B-4.009(3) and (4), for which Petitioner has just cause under Section 231.36(1)(a), Florida Statutes (2001), to dismiss Respondent from his position as a physical education teacher. (All references to statutes are to Florida Statutes (2001) unless otherwise stated. Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)Teacher who pushed disruptive student away used reasonable force for a lawful purpose and is not guilty of misconduct in office, gross insubordination, willful neglect of duty, or conduct unbecoming a public employee.
02-000238  MANUEL PEDRAZA vs INTERNATIONAL BROTHERHOOD LOCAL 2088  (2002)
Division of Administrative Hearings, Florida Filed: Jan. 14, 2002
Whether the Division of Administrative Hearings has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if the Petition for Relief was not timely filed pursuant to Section 760.11(7), Florida Statutes. Whether the Division of Administrative Hearings has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if the Florida Commission on Human Relations fails to send a copy of the Charge of Discrimination to Respondent within five days of the complaint being filed, as required by Section 760.11(1), Florida Statutes.Petitioner failed to file Petition for Relief within 35 days of issuance of Determination: No Cause; delay in notifying Respondent of Charge of Discrimination not jurisdictional; dismiss.
92-006332  GARY LEE SANFORD vs ORANGE COUNTY SCHOOL BOARD  (1992)
Division of Administrative Hearings, Florida Filed: Oct. 26, 1992
Petitioner, a former employee of Respondent School Board, has alleged that the Respondent violated section 760.10, F.S., by discriminating against him based on his handicap. The basic issue is whether that violation occurred and if so, what relief is appropriate. However, in this protracted proceeding various ancillary issues have been raised and also require disposition. Those issues include: Whether Petitioner's claim of discrimination based on failure to hire was timely; whether Petitioner may also claim discrimination based on wrongful termination or is that claim time-barred; whether evidence of Petitioner's criminal history, acquired by Respondent during the pendency of the proceeding and after the alleged discrimination, is relevant in the proceeding and, if so, whether it is a bar to, or simple limitation on relief; and whether Petitioner's motion to proceed anonymously, filed after the evidentiary hearing, should be granted.Petitioner was not discriminated against for alcoholism; he was fired for intoxication on job and prior work record; reasonable accomodation attempted.
92-003138  ORANGE COUNTY SCHOOL BOARD vs RUSSELL BINGHAM  (1992)
Division of Administrative Hearings, Florida Filed: May 22, 1992
The central issue in case no. 92-3138 is whether or not Respondent should be dismissed from his continuing contract as a teacher employed by the Orange County school district. The central issue in case no. 92-6637 is whether Respondent committed the violations alleged in the administrative complaint; and, if so, what disciplinary action should be imposed.Respondent shoved student into locker causing injury after having been warned repeatedly not to physically discipline students.
92-003920  LEAH SWENSON-DAVIS vs ORLANDO PARTNERS, INC., D/B/A QUALITY HOTEL ORLANDO AIRPORT  (1992)
Division of Administrative Hearings, Florida Filed: Jun. 29, 1992
Petitioner's complaint and Petition for relief allege that she was discriminated against due to her handicap of multiple sclerosis when she was terminated by Respondents on March 9, 1990. The issue for disposition is whether that violation of Section 760.10, F.S., occurred, and if so, what relief is appropriate.Petitioner proved prima facie case of handicap discrimination when respondent failed to appear. No prejudice to allow amend of petition to add corporate respondent.
92-003384  LEONARD R. PILARSKI vs THE KIRCHMAN CORPORATION  (1992)
Division of Administrative Hearings, Florida Filed: Jun. 03, 1992
The issue for disposition is whether Petitioner's complaint of discrimination pursuant to Section 760.10, F.S. should be dismissed for lack of jurisdiction, as provided in a notice dated March 30, 1992.Complaint not barred by release without consideration right to benefit package not barred by statute of frauds as employee fully performed.
91-005416  BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs MICHAEL GEORGE  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 28, 1991
The issue in this case is whether Respondent is guilty of inappropriate and unprofessional conduct toward students and, if so, what penalty should be imposed.Teacher not guilty of sexually oriented allegations when he wrote sexual comments on student work which accidentally was allowed to be found by student.
87-005546  DEPARTMENT OF EDUCATION, EDUCATION PRACTICES COMMISSION vs. DAVID BARTH  (1987)
Division of Administrative Hearings, Florida Latest Update: Oct. 05, 1988
Reprimand for teacher's intentional violation of student's rights by grab- bing & holding him for running in gym.
87-005346  SUSAN BLACKBURN vs. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY  (1987)
Division of Administrative Hearings, Florida Latest Update: Jul. 13, 1988
No sex discrimination where supervisor tried to unbutton blouse of subordinate and then exposed his penis as his actions not attributable to employer

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