STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN A. HALL, )

)

Petitioner, )

)

vs. ) CASE NO. 80-965

) DEPARTMENT OF EDUCATION, ) PROFESSIONAL PRACTICES )

COUNCIL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, R. L. Caleen, Jr., held a formal hearing in this case on October 30, 1980, in Palatka, Florida.

APPEARANCES

For Petitioner: None

For Respondent: L. Haldane Taylor, Esquire

1902 Independent Square

Jacksonville, Florida 32202 ISSUES PRESENTED

Whether Petitioner's application for a Florida teaching certificate should be denied on grounds that: (1) he has been convicted of a felony, and (2) he pushed and struck a student while employed as a substitute teacher.

CONCLUSIONS AND RECOMMENDATION

Petitioner failed to establish entitlement to the requested teaching certificate; moreover, the Respondent Department established two grounds for denial of Petitioner's application: (1) his conviction of a felony, and (2) his having engaged in personal conduct which seriously reduces his effectiveness as an employee of the school board. Petitioner's application for a teaching certificate should, therefore, be DENIED.

BACKGROUND

On August 29, 1979, Respondent, John A. Hall (hereinafter "HALL"), filed with the Petitioner, Department of Education (hereinafter "DEPARTMENT"), an application for a Florida teaching certificate.

After investigation, the Professional Practices Council recommended to the Commissioner of Education that probable cause existed to believe HALL had committed acts warranting revocation of a teacher's certificate; on March 27,

1980, the Commissioner concurred in the Council's recommendation and authorized denial of HALL's application. Thereafter, the Council issued a Notice of Reasons on April 7, 1980, stating that HALL's application should be denied upon the grounds that: (1) on November 19, 1970, he was adjudicated guilty of assault to commit murder in the second degree, and (2) he pushed and struck a student while employed as a substitute teacher in Putnam County.

By letter dated May 14, 1980, HALL requested a hearing to contest the DEPARTMENT's proposed denial of his application. On May 20, 1980, the Council forwarded HALL's request to the Division of Administrative Hearings for assignment of a hearing officer. By notice dated June 24, 1980, final hearing in this case was set for August 29, 1980.

On June 24, 1980, W. George Allen, Esquire, filed his appearance on behalf of HALL; on August 18, 1980, he moved to withdraw as counsel, which motion was granted on August 19, 1980. HALL, then, filed a petition for a 60-day continuance in order to allow him an opportunity to retain substitute counsel and prepare for hearing. On September 3, 1980, the continuance was granted and hearing reset for October 30, 1980.

HALL did not attend or participate in final hearing, although he received notice and was present immediately prior to the opening of hearing. The DEPARTMENT called as its witnesses, Marlene Greenfield, Harry Willis, Peter Lamoreaux, Meredith Barker, William Ivey, and Bobbie R. Holt, and introduced into evidence Respondent's Exhibits 1/ 1 through 2, inclusive, each of which was received.

FINDINGS OF FACT

Based upon the evidence submitted, the following facts are determined:

1. On August 29, 1979, John A. Hall filed with the DEPARTMENT an application for a Florida teaching certificate. Official records indicate that HALL was convicted and found guilty of assault to commit murder in the second degree on November 19, 1970. He was sentenced to 13 1/2 years in the State Prison, and released on a two-year parole in 1977. (R.E. 1.)

   
   

2. On January 4, 1980, HALL was employed as a substitute teacher at Beasley Middle School in Palatka, Florida. The only qualifications for being employed as a substitute teacher in Putnam County are that the individual be of age and hold a high school diploma. At his request, HALL's name had been placed on the Beasley Middle School list of available substitutes although it does not appear that anyone at the school was acquainted with him. (Testimony of Meredith Barker.)

   
   

3. On January 4, 1980, Harry Willis was a 13-year-old student in the seventh grade math class where HALL was assigned as a substitute teacher. HALL saw him in the back of the room, told him to go to his seat, and pushed him into his chair. When the bell rang, Harry got up and tried to go out the door. HALL told him he wasn't going anywhere, pushed him back, and struck him in the jaw with his fist. Harry pleaded with him to let him go and, finally, pushed him out of the way as he rushed to the principal's office. It took several hours for Harry, with the support of the principal and assistant principal, to regain his composure; he was visibly shaken by the incident. He had never been a disciplinary problem at the school. (Testimony of Ivey, Barker, Lamoreaux).

4. HALL was directed to report to the office of the school principal, Meredith Barker. There, he admitted striking Harry, but defended it was necessary to "uphold discipline." He said he wanted to apologize to Harry and return to his class. Ms. Barker, however, dismissed HALL, telling him to gather his belongings and leave the school grounds. HALL's effectiveness as a teacher at Beasley Middle School has been seriously reduced due to the notoriety of the incident and the expressed desire by parents that he not be allowed to teach there again. (Testimony of Barker.)

   
   

5. Immediately prior to the opening of hearing, HALL informed counsel for the DEPARTMENT that the hearing could be cancelled since he was withdrawing his application for a teaching certificate; HALL then abruptly left the hearing room. However, since HALL's statement was not made in writing or on the record, Respondent asserted that the application remained in effect and requested that the hearing be conducted, as scheduled.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57, Florida Statutes (1979).

   
   

7. Section 231.17(6)(a), Florida Statutes (1979), authorizes the DEPARTMENT 2/ to deny an application for a teaching certificate upon grounds which would authorize revocation of a teaching certificate. Section 231.28(1), Florida Statutes (1979), provides in pertinent part, that a certificate may be revoked if the holder has been (1) convicted of a felony, or (2) found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.

   
   

8. In a hearing on the denial of a license, the applicant has the burden of establishing entitlement to the license. Section 28-6.08(3), Florida Administrative Code. In this case, HALL failed to present any evidence to establish his entitlement to the requested teaching certificate. Moreover, the DEPARTMENT affirmatively established two grounds warranting denial of the HALL's application: (1) his felony conviction, and (2) his personal conduct, in pushing and striking a student, which seriously reduces his effectiveness as an employee of the school board.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That John A. Hall's application for a Florida teaching certificate be DENIED.

DONE AND ORDERED this 20th day of November, 1980, in Tallahassee, Florida.

R. L. CALEEN, JR. Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1980.

ENDNOTES

1/ Petitioner's and Respondent's Exhibits will be abbreviated as "P.E. " and "R.E. ", respectively.

2/ Effective October 1, 1980, Section 1, Chapter 80-190, Laws of Florida (1980), authorizes the newly created Education Practices Commission to, upon timely request review the Department's decision denying a certificate.

COPIES FURNISHED:

John A. Hall

419 North 11 Street Palatka, Florida 32077

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

Docket for Case No: 80-000965

Orders for Case No: 80-000965