STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF EDUCATION, EDUCATION ) PRACTICES COMMISSION, RALPH D. ) TURLINGTON, AS COMMISSIONER OF ) EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1257

)

JAMES E. STATON, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on August 19, 1983, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The following appearance was entered:

APPEARANCES

For Petitioner: George L. Waas, Esquire

1114 East Park Avenue Tallahassee, Florida 32301

For Respondent: No Appearance

This matter arose on Petitioner's Administrative Complaint charging Respondent with immorality and unethical conduct in his capacity as a Florida licensed teacher. Petitioner submitted proposed findings of fact. Those findings not incorporated herein are found to be either subordinate, cumulative, immaterial, unnecessary or not supported by the evidence.

FINDINGS OF FACT

1. Respondent holds Florida Teaching Certificate No. 390381, covering the area of biology, valid through June 30, 1985.

   
   

2. At all times material, Respondent was an employee of the School Board of Dade County at Centennial Junior High School.

   
   

3. On or about December 9, 1981, while a teacher at Centennial Junior High School, Respondent touched a student, Jessica Delatorre, in an obscene manner, by pushing her against the wall, placing his arm around her shoulder, feeling her on her buttocks and attempting to feel her breast before being pushed away by Miss Delatorre. At the time of this incident, Miss Delatorre was fourteen years old.

   
   

4. During May 1981, Respondent, while a teacher at Centennial Junior High School, unlawfully fondled the breast of a student, Jackie Rodriguez, and

   further made overt sexual advances toward her by putting his hand inside of her gym attire and feeling her thigh. At the time this occurred, Miss Rodriguez was fourteen years old. Respondent told Miss Rodriguez that she was "so fine" and that she had "a good body."

   
   

5. During the 1980-1981 school year, Respondent made improper sexual advances toward the student, Teresa Webb, by asking her to go to bed with him. Further, Respondent grabbed Teresa Webb and touched her buttocks, put his arm around her and started feeling her breast. Respondent asked Miss Webb when she was going to come over to his house. At the time of this incident, Miss Webb was fourteen years old.

   
   

6. On or about December 15, 1981, Respondent threatened a student, Gerald Evans, with bodily harm by drawing back his leg to kick the student and further threatened to beat the student so that he could not walk if the student reported anything involving this confrontation.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 231.28, Florida Statutes (1981), provides in part:

   
   

   The Education Practices Commission shall have authority . . . 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. . . .

      
      

8. Rule 6B-1.01, Florida Administrative Code, sets forth the Code of Ethics of the Education Profession in Florida. This rule provides in part:

   
   

   (3) Aware of the importance of maintaining the respect and confidence of ones's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.

   
   

9. Respondent's sexual advances toward the female students described herein constituted acts of gross immorality and moral turpitude. These acts, in addition to the threatening conduct toward the male student, also violated the ethics provision quoted above.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order permanently revoking Respondent's Florida Teacher's Certificate.

DONE AND ENTERED this 28th day of September 1983 in Tallahassee, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of September 1983.

COPIES FURNISHED:

George L. Waas, Esquire 1114 East Park Avenue Tallahassee, Florida 32301

James E. Staton

212 Southwest 20th Street Apartment 4

Fort Lauderdale, Florida 33315

The Honorable Ralph D. Turlington Commissioner of Education

The Capitol

Tallahassee, Florida 32301

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

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

BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA

RALPH D TURLINGTON, as

Commissioner of Education, Petitioner,

vs. CASE NO. 83-1257

JAMES E. STATON,

Respondent.

/

FINAL ORDER

Respondent, JAMES E. STATON, holds Florida teaching certificate number 390381. 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 October 28, 1983, in Tallahassee, Florida to take final agency action. The Petitioner was represented by George L. Waas, Esquire. The Respondent was not present. The panel has reviewed the entire record in the case.

The panel adopts the Findings of Fact and Conclusions of Law of the Recommended Order. The panel additionally concludes that the Respondent is guilty of conduct which seriously reduces his effectiveness as a school board employee.

The panel adopts the recommendation of the Hearing Officer. The Respondent's certificate is hereby PERMANENTLY REVOKED.

DONE AND ORDERED this 9th day of November, 1983, in Tallahassee, Florida.

Marjorie Hankins Presiding Officer

COPIES FURNISHED TO:

Marlene Greenfield

Professional Practices Services

Arthur Wallberg, Esquire Attorney General's Office

Judith Brechner General Counsel

George L. Waas, Esquire 1114 East Park Avenue Tallahassee, Florida 32301

R. T. Carpenter Hearing Officer D.O.A.H.

Dr. Leonard Britton, Supt. Dade County Schools

1410 N.E. 2nd Avenue Miami, Florida 33132

Docket for Case No: 83-001257

Orders for Case No: 83-001257