STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF EDUCATION, EDUCATION )

PRACTICES COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2317

) JOYCE FLORES PAPPACHRISTOU, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on November 8, 1982, in Fort Lauderdale, Florida.

Petitioner Department of Education, Education Practices Commission, was represented by J. David Holder, Esquire, Tallahassee, Florida, and Respondent Joyce Flores Pappachristou was represented by Mary Anne Robertson, Esquire, Fort Lauderdale, Florida.

Petitioner filed an Administrative Complaint against the Respondent, and Respondent timely requested a formal hearing on the allegations contained within that Administrative Complaint. Accordingly, the issues for determination are whether Respondent is guilty of the charges contained in that Administrative Complaint and, if so, what disciplinary action should be taken, if any.

Petitioner presented the testimony of Marti Bolen, Darlene Ryavec, Lillian Jones, Rosa Ware and, by way of deposition, Dr. Benjamin F. Stephenson.

Additionally, Petitioner's Exhibits numbered 1 through 10 were admitted in evidence.

The Respondent testified on her own behalf, and Respondent's Exhibits numbered 1 and 2 were admitted in evidence.

Both parties have submitted post-hearing findings of fact in the form of a proposed recommended order. To the extent that any proposed findings of fact have not been adopted in this Recommended Order, they have been rejected as not having been supported by the evidence, as having been irrelevant to the issues under consideration herein, or as constituting unsupported argument of counsel or conclusions of law.

FINDINGS OF FACT

1. Respondent holds Florida Teaching Certificate No. 474395 covering the areas of Vocational Home Economics and Health Education. Respondent's certificate is valid through June 30, 1985.

2. Respondent has a Master's degree in nutrition, dietetics, education and management.

   
   

3. On July 29, 1980, Respondent completed and signed an application for food stamps and submitted it to Darlene Ryavec, the food stamp eligibility worker, who then interviewed Respondent. Page three of that application form includes a section entitled "Income from Work" and required Respondent to "Fill in all blanks for each household member with a full or part-time job." Page five of the application contains a section entitled "Florida Fraud Law Information" and advises that an applicant who knowingly fails to disclose a change in circumstances in order to obtain or to continue to receive benefits is guilty of a crime. The next section is entitled "Penalty Warning" and warns an applicant to "not give false information, or hide information, to get or continue to get food stamps." Just above the applicant's signature line, there appears yet another warning and a statement that "My answers are correct and complete to the best of my knowledge."

   
   

4. Ryavec reviewed Respondent's application with her. She then presented Respondent with a Rights and Responsibilities form during her personal interview of Respondent. Ryavec specifically referred Respondent to the responsibilities section of the form and marked that with her pen. The responsibilities section of the form notified Respondent that she was to report immediately any changes in the amount of gross monthly income if more than $25. Respondent signed and dated the form, and Ryavec then signed the form. Ryavec then gave Respondent the original, signed Rights and Responsibilities form and retained a copy in the official case file of the Department of Health and Rehabilitative Services.

   
   

5. On September 26, 1980, Respondent reapplied for receipt of food stamps. She completed and signed a new application and submitted it to Lillian Jones.

   On this application, Respondent indicated that there were no members of her household employed in either full or part-time work. Additionally, on page one of the application in response to the question, "Does anyone in your household expect to receive income later this month?" Respondent answered "No." Jones conducted a personal interview of Respondent concerning her employment status. Respondent advised Jones that her husband was going to real estate school and that she had joined him in that school and, specifically, that she was not employed. Respondent was again presented with a Rights and Responsibilities form during the interview with Jones. Respondent signed and dated the form and received the original. Jones then also signed the original and retained a copy of the form in the official file.

   
   

6. In addition to the Rights and Responsibilities form, Jones furnished Respondent with a Change Report form, which is a form designed to be completed by a food stamp recipient in the event of a change in status, including employment status.

   
   

7. On December 31, 1980, Respondent again reapplied for food stamps. She completed and signed another application which she submitted to Rosa Ware, and Ware conducted a personal interview of Respondent. Respondent again indicated that she was not employed and that no household member was employed. Additionally, Respondent answered "No" to the following questions on page one of the application.

   
   

   Has anyone in your household received any income so far this month?

   Did your household's only income recently stop?

   
   

   At the close of the interview, Ware gave to Respondent another Rights and Responsibilities form advising Respondent of her responsibility to report changes in gross monthly income if more than $25.

   
   

8. Respondent was gainfully employed as an instructor of dietetics and nutrition in the School of Technology at Florida International University from September 22, 1980, through December 16, 1980. She received a gross biweekly salary of $806.92, or a total of $5,245.40 in gross wages from her employment at Florida International University.

   
   

9. Respondent received food stamp allotments of $209 each on October 7, 1980, November 7, 1980, and December 5, 1980, making a total of $627 in food stamps received during the period of time she was employed at Florida International University. On each occasion that Respondent received her food stamps, she signed a food stamp receipt on which she certified that there had been no changes in income, expenses or household size which would affect her allotment of food stamps.

   
   

10. Respondent never reported her employment at Florida International University or the income earned from that employment to the Department of Health and Rehabilitative Services as required. As a result, Respondent received $627 in food stamps during the months of October, November and December, 1980, to which she was not legally entitled.

    
    

11. Ryavec, Jones and Ware each advised Respondent during the personal interview that she was required to report changes in income within ten days. None of those case workers advised Respondent that she only had to report if she obtained permanent full-time employment.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes (1981).

    
    

13. Section 231.28, Florida Statutes (1980 Supp.), provides, in pertinent part, as follows:

    
    

    The Education Practices Commission shall have authority to suspend the teaching certificate of any person as defined in s. 228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying him the right to teach

    for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby deny- ing him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (4); or to revoke permanently the teaching certificate of any person, provided:

    1. It can be shown that such person . . . has been guilty of gross immorality or an act involving moral

       turpitude; . . . upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or rules of the State Board of Edu- cation, the penalty for which is the revocation of the teaching certificate.

       * * *

       (4)(a) The teaching certificate which has been suspended under this section is automatically reinstated at the end of the suspension period, pro- vided such certificate did not expire

       during the period of suspension. If the certificate expired during the period of suspension, the holder of the former certificate may secure a new certificate by making application therefor and by meeting the certification requirements of the state board current at the time

       of the application for the new certificate.

       1. The person whose teaching certificate has been revoked, as provided in this section, may apply for a new certificate at the expiration of that period of ineligibility as fixed by the Education Practices Commission by making application there for and by meeting the certification requirements of the state board current at the time of the appli- cation for the new certificate.

       2. The superintendent shall

       report to the department the name of any person who has been dismissed or severed from employment because of conduct involv-

       ing any immoral, unnatural, or lascivious act.

       
       

14. The Administrative Complaint herein charges the Respondent with violating Section 231.28, Florida Statutes, by committing acts of gross immorality and moral turpitude, which acts have seriously reduced her effectiveness as an employee in Respondent's local school system, and further that Respondent failed to practice her profession according to the highest ethical standards in violation of Rule 6B-1.01(3), Florida Administrative Code.

    
    

15. Respondent has admitted that she did not report her employment at Florida International University or income earned therefrom and that as a result she received food stamps during the months of October, November and December, 1980, to which she was not legally entitled. Respondent defends her conduct by arguing that she did not read any of the documents which she signed and was, therefore, without knowledge of the requirement to report part-time employment. This explanation is simply unbelievable. Respondent completed three applications for food stamps over a period of six months. Each application requested full information for each household member with full or part-time

    employment. Each application specifically warned against failure to disclose material facts. Each application provided immediately above Respondent's signature yet another warning and a statement to the effect that Respondent's answers were correct and complete to the best of her knowledge. Respondent's responsibility to report any change in her gross monthly income was pointed out by each case worker who interviewed her when she submitted her applications for food scamps. Respondent signed three Rights and Responsibilities forms and received the originals of all three forms. During her second interview on September 26, 1980, Respondent was specifically questioned about her employment status, and Respondent advised the eligibility worker that she was not employed. On that same date, Respondent answered in the negative the question inquiring whether anyone in the household expected to receive income later that month even though she had already reported to work at Florida International University.

    When Respondent completed her third application on December 31, 1980, she specifically answered in the negative the question regarding whether any member of the household had received income so far that month and the question as to whether the household's only income had recently stopped. Respondent was given Change Report forms by eligibility workers during their interviews of her and was advised that she must notify the Department of Health and Rehabilitative Services of any change related to household size, income or change in living quarters. Respondent signed receipts each time she picked up her food stamps certifying that there had been no changes in her income. In view of the three applications completed and signed by Respondent, the three separate Rights and Responsibilities forms signed and received by Respondent, and the three food stamp receipts signed and received by Respondent, each of which nine documents advises the Respondent that she must report changes in income and/or must report income from full-time or part-time employment; in view of the three personal interviews with Respondent by three different eligibility workers advising her of the importance of notifying the Department of Health and Rehabilitative Services of changes in income; and in view of Respondent's advanced level of education in that she possesses a Master's degree, her defense that she lacks knowledge of the requirement to report income from part-time employment is unworthy of belief.

    
    

16. Respondent's other defense is that she was advised by a food stamp worker that she did not have to report part-time employment. However, Respondent cannot identify who gave her that information or when the information was allegedly given to her. This contention is likewise unworthy of belief in view of the number of other workers who told her differently, and in view of the nine documents which likewise advised her to the contrary.

    
    

17. There can be no doubt that Respondent knowingly withheld informing the Department of Health and Rehabilitative Services of her employment with Florida International University in order to obtain benefits to which she was not legally entitled, and that Respondent knowingly and willfully gave false information to the Department of Health and Rehabilitative Services in order to obtain food stamps. Petitioner has sustained its burden of proving that Respondent is guilty of an act involving moral turpitude, as charged in the Administrative Complaint herein.

    
    

18. Petitioner has failed to sustain its burden of proving that Respondent is guilty of conduct which seriously reduces her effectiveness as an employee of a school board. Respondent's evidence that she told no one of the charges against her other than her family is uncontroverted. Petitioner has introduced no evidence to show knowledge of Respondent's conduct by any students, parents of students, teachers or administrators within any school system. Not only has Petitioner failed to show that Respondent's effectiveness as a teacher has been

    seriously reduced, Petitioner has failed to show any effect at all upon Respondent's effectiveness as a teacher.

    
    

19. Insofar as the Administrative Complaint charges Respondent with failing to practice her profession according to the highest ethical standards in violation of Rule 6B-1.01(3), Florida Administrative Code, that portion of the Administrative Complaint must fail in that the Education Practices Commission may no longer impose discipline on teachers for violations of Section 65-1.01. Turlington v. Carroll, DOAH Case No. 81-2652 (Final Order: December 21, 1982).

    
    

20. In its proposed recommended order, Petitioner has recommended that Respondent's teaching certificate be revoked for a period of four years. No explanation is offered as to the penalty recommended. The suggested revocation period appears harsh in view of the following evidence. Respondent has never been disciplined for misconduct or dishonesty. She has taught adult education classes in the State of New York for 20 years. Respondent's false applications for food stamps occurred shortly after she moved with her family from New York to Florida and obtained her Florida teaching certificate but did not obtain employment. Between the last false application and the time of formal hearing in this cause, two years have elapsed, and Respondent was teaching. Any effect on Respondent's teaching or stature in the education community would have already been felt and demonstrable if any existed. Additionally, Respondent's current certificate is valid only through June 30, 1985. A suspension or revocation for the length of time recommended by Petitioner will require that Respondent in effect "lose" her certificate now and reapply as a "new" teacher at the end of the revocation period. Such application at that time may very well mean that Respondent be unable to meet certification requirements in effect at that time, although Respondent is a very experienced teacher of more than 20 years. Respondent's demeanor at the formal hearing indicates she is unlikely to repeat the conduct charged in the Administrative Complaint herein. Accordingly, a suspension of Respondent's teaching certificate for 18 months seems appropriate in light of all these factors.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding the Respondent guilty of

the allegations contained within the Administrative Complaint and suspending

Respondent's Florida Teaching Certificate No. 474395 for a period of 18 months.

DONE and RECOMMENDED this 24th of February, 1983, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of February, 1983.

COPIES FURNISHED:

J. David Holder, Esquire

128 Salem Court

Post Office Box 1694 Tallahassee, Florida 32302

Mary Anne Robertson, Esquire Legal Aid Services of Broward County, Inc.

609 South Andrews Avenue

Fort Lauderdale, Florida 33301

Donald L. Griesheimer, Director Education Practices Commission Department of Education

The Knott Building, Room 125 Tallahassee, Florida 32301

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

RALPH D. TURLINGTON, as

Commissioner of Education, Petitioner,

vs. CASE NO. 82-2317

JOYCE FLORES PAPPACHRISTOU,

Respondent.

/

FINAL ORDER

Respondent, Joyce Flores Pappachristou, holds Florida teaching certificate number 474395. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the certificate.

Respondent requested a formal hearing and one was held before the Division of Administrative Hearings . A Recommended Order has been forwarded to the Panel pursuant to Section 120.57(1), Florida Statutes; it is attached to and made a part of this Order.

A Panel of the Education Practices Commission met on April 27, 1983 in Tampa, Florida to take final agency action. The Petitioner was represented by

1. David Holder, Esquire. The Respondent was represented by Mary Anne Robertson. The Panel has reviewed the entire record in the case.

   
   

   FINDINGS OF FACT

   
   

   1. The Panel adopts the Findings of Fact of the Recommended Order.

      
      

      CONCLUSIONS OF LAW

      
      

   2. The Panel adopts those Conclusions of Law numbered one through four of the Recommended Order.

PENALTY

It is hereby ORDERED that Respondent, Joyce Flores Pappachristou, is REPRIMANDED. It is further ORDERED that the Respondent is placed on probation for two (2) years, under the following terms and conditions.

The Respondent will pay a fine of Five Hundred ($500.00) Dollars.

While employed as a teacher, the Respondent will cause her supervisor to file a report each three months with the Education Practices Commission indicating her level of performance at her job and any failure to comply with any laws or rules governing her conduct as a teacher.

DONE AND ORDERED this 11th day of May, 1983.

Richard Rich, Presiding Officer

Filed in the records of the Education Practices Commission this 11th day of May, 1983.

Donald L. Griesheimer, Clerk

COPIES FURNISHED:

Arthur Walberg, Esquire Attorney General's Office

Marlene Greenfield

Professional Practices Services

Judith Brechner General Counsel

Department of Education

J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302

Dr. William T. McFatter, Supt. Broward County School Board Post Office Box 5408

Fort Lauderdale, Florida 33310

Ms. Joyce F. Pappachristou c/o Mary Anne Robertson, Attorney at Law

609 South Andrews Avenue

Fort Lauderdale, Florida 33301-2852

Docket for Case No: 82-002317

Orders for Case No: 82-002317