STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2418

)

MICHAEL J. CRAVEN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its undersigned Hearing Officer, Michael Pearce Dodson, held a final hearing in this case on May 30, 1980, in Jacksonville, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: L. Haldane Taylor, Esquire

1902 Independent Square

Jacksonville, Florida 32202

For Respondent: Michael J. Craven

Red Oak Circle East

Orange Park, Florida 32073

These proceedings began on November 8, 1979, when Petitioner, Professional Practices Council (PPC) filed a Petition for the Revocation or Teacher Certificate. By an undated answer, Respondent, Michael J. Craven replied.

Subsequently on December 4, 1979, the case was forwarded to the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a final hearing. After a continuance at Respondent's request the final hearing was set for and held on May 30, 1980.

The Petition alleges that Mr. Craven violated Section 800.02, Florida Statutes by committing an unnatural and lascivious act with another person and therefore should have his teacher's certificate revoked or suspended. Mr.

Craven's answer admitted that he pled guilty to the crime alleged and was fined for it. He denied committing the act charged.

At the final hearing, Petitioner presented as its witnesses; Michael Legan, Thomas Dirghalli, and Gary Simmons. It offered Exhibit #1 which was received into evidence. Respondent presented his own testimony and offered Exhibit A which was received into evidence. Neither party has submitted Proposed Findings of Fact.

FINDINGS OF FACT

1. Michael J. Craven holds a Florida teaching certificate #244046, Post Graduate, Rank II, for elementary education, junior college and supervision. During the school year 1978-1979, he was employed as a foreign language teacher and curriculum assistant at Terry Parker Senior High School in Duval County. He was on an annual contract. At the conclusion of the school year he was not rehired because of a police report received by the personnel office of the Duval County school system. The report alleged that Mr. Craven had committed a sexual offense.

   
   

2. Michael Legan is a detective with the Duval County Sheriff's Office. He is attached to the vice squad and was so employed on February 15, 1979.

   
   

3. On that date he was on duty at an establishment called Daytona International where pornographic movies were shown in numerous small booths.

   
   

4. Mr. Craven approached detective Legan who was wearing plain clothes and asked him if he wanted to watch a movie with Mr. Craven. Detective Legan agreed and went into a booth. Upon their entry Mr. Craven put one hand on Detective Legan's buttocks and grabbed his crotch with the other one, while attempting to fondle him. At that point Mr. Craven was arrested.

   
   

5. On February 22. 1979, an information was filed by the State Attorney against Mr. Craven. It alleged that on February l5, 1979, he violated Section 800.02, Florida Statutes by fondling and rubbing Detective Legan's buttock and penis.

   
   

6. Mr. Craven pled guilty as charged on March 19, 1979. He received a fine of $50.00 by the Duval County Court.

   
   

7. Immediately after his arrest, Mr. Craven notified his school principal of his arrest. Other than to rehire him for another year of teaching, no discipline concerning Mr. Craven's arrest or conviction was ever taken against him by the Superintendent or School Board of Duval County.

   
   

8. Since the school year of 1968-1969, Craven has received excellent evaluations of his performance as a school teacher.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this ,case. Section 120.57(1) and Section 120.65, Florida Statutes (1979).

   
   

10. The Education Practices Commissions may suspend or revoke a teacher's certificate for the numerous reasons set out in Section 231.28, Florida Statutes (1979). The relevant reasons are: (1) being guilty of gross immorality or an act involving moral turpitude; (2) having been convicted of a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation; (3) being guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board, or (4) has violated the provisions of law, the penalty for which is the revocation of the teaching certificate.

    
    

11. The facts conclusively establish that Mr. Craven has been guilty of a misdemeanor involving moral turpitude. Petitioner therefore has established the grounds for action against the teaching certificate of Mr. Craven. Florida

    teachers are required to be of good moral character. Section 231.17(1)(e), Florida Statutes (1979). In one isolated incident Mr. Craven has shown a lack of that quality as defined by law.

    
    

12. Because Respondent has fallen below the standard of conduct required of Florida teachers, some disciplinary action is required by Section 231.28 Florida Statutes (1979). There are several factors which favor moderate discipline. Mr. Craven's past performance as a teacher as evidence by his evaluations (Exhibit A) has been excellent. As soon as he was arrested, he disclosed that fact to his principal. He continued to teach in the classroom after his arrest until his annual contract expired. This fact is important because the local school officials are best able to gauge the effect of his arrest and conviction on his usefulness as a teacher. They are also in the best position to determine the impact of his conviction on his ability to be a positive example to his students. Section 231.09(2), Florida Statutes (1979).

    
    

13. There has been no showing that the act for which Mr. Craven plod guilty was part of any pattern of behavior in his life. No foundation was established from which it can be predicted that Mr. Craven will ever again engage in immoral conduct. Furthermore, Mr. Craven's crime is a misdemeanor. His civil penalty--what he owed to society in general for his infraction--was a

$50.00 fine. That is comparable to a traffic violation for driving over 65 miles per hour on the state highways. Section 1, Chapter 80-179, Laws of Florida, (1980). For these reasons an appropriate penalty is the suspension of Mr. Craven's certificate to teach for a period of three (3) years.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED

That a final order be entered by the Education Practices Commission, pursuant to Section 2, Chapter 80-190 Laws of Florida (1980) suspending Mr. Craven's certificate to teach for a period of three (3) years commencing with the date of the final order.

DONE and RECOMMENDED this 10th day of October, 1980, in Tallahassee, Florida.

MICHAEL PEARCE DODSON

Hearing Officer

Division of Administrative Hearings The Collins Building

Room 101

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1980.

COPIES FURNISHED:

L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202

Michael J. Craven

3460 Red Oak Circle East Orange Park, Florida 32073

Docket for Case No: 79-002418

Orders for Case No: 79-002418