Judges: K. N. AYERS
Agency: Department of Education
Latest Update: Sep. 22, 1983
Summary: Parties stipulated to facts and Respondent was to surrender license for two to three years.
83-1433.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF LEVY COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 83-1433
)
MICHAEL KEVIN COSTELLO, )
)
Respondent. )
) EDUCATION PRACTICES COMMISSION) DEPARTMENT OF EDUCATION, )
)
Petitioner, )
)
vs. ) CASE NO. 83-1445
)
MICHAEL KEVIN COSTELLO, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled cases on September 16, 1983, at Bronson, Florida.
APPEARANCES
For Petitioners: J. David Holder, Esquire
Post Office Box 1694 Tallahassee, Florida 32302
For Respondent: Steven M. Malone, Esquire
215 Washington Street Jacksonville, Florida 32202
At the commencement of the hearing the parties announced that they had reached a settlement which, if approved by the Education Practices Commission, will render further proceedings in this case unnecessary. A recess was taken to allow the parties time to reduce this stipulation to writing and execute it.
Thereafter, the parties presented an executed STIPULATION to the Hearing Officer providing:
Respondent withdraws his previously entered Answer denying the allegations of the Petitioners' Administrative Complaints.
Respondent hereby elects not to contest the allegations of the Petitioners' respective Administrative Complaints.
Respondent agrees to submit his Florida Teacher's Certificate for revocation for a period of not less than three years nor more than five years, commencing on the date of the entry of a Final Order by the Education Practices Commission.
Respondent agrees to resign from his position of employment with the Levy County School District, and waives any claim or demand which he may have to back pay or other benefits.
Petitioner does not oppose the revocation of Respondent's Teacher's Certificate for the stated three to five year period.
Respondent waives his right to a formal hearing before a Division of Administrative Hearings' Hearing Officer, or an informal hearing before the Education Practices Commission; Respondent acknowledges that this Stipulation is entered into freely and voluntarily and that he has received the advice of legal counsel in executing this Stipulation.
Thereafter, Respondent presented two witnesses to testify to Respondent's cooperation and effectiveness at Bronson High School, in particular with respect to his running of the school year book, and that his efficiency ratings during the five years he has taught at Bronson High School have never been below the highest mark of satisfactory. Also accepted as Exhibit 1 is a copy of the Army Commendation Medal and Citation received by Respondent in 1969 for his meritorious service in Viet Nam.
Based upon the STIPULATION and evidence presented, it is
RECOMMENDED that a Final Order be entered incorporating the terms of this Stipulation.
ENTERED this 22nd day of September, 1983, at Tallahassee, Florida.
K. N. AYERS, Hearing Officer Division of Administrative Hearings Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301 904/488-9675
FILED with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1983.
COPIES FURNISHED:
J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302
Steven M. Malone, Esquire
215 Washington Street Jacksonville, Florida 32202
Donald J. Griesheimer, Director Education Practices Commission Department of Education
Knott Building
Tallahassee, Florida 32301
Honorable Ralph D. Turlington Commissioner of Education
The Capitol
Tallahassee, Florida 32301
Docket for Case No: 83-001433
Orders for Case No: 83-001433
| Issue Date |
Document |
Summary |
|
Sep. 22, 1983 |
Recommended Order
|
Parties stipulated to facts and Respondent was to surrender license for two to three years.
|
