ANTHONY W. LAROSA, )
vs. ) CASE NO. 83-2894
Respondent. )
A final hearing was held in this case on January 30, 1984, in Jacksonville, Florida. The case is an appeal from the decision of Respondent, the Department of Education (DOE) to deny the application of Petitioner, Anthony W. LaRosa (LaRosa), for a Florida Teacher's Certificate. The issue is whether the Education Practices Commission (EPC) should grant the application despite DOE's allegations that LaRosa has been arrested for and convicted of driving while under the influence of alcohol, other alcohol-related offenses and driving while his driver's license was suspended between approximately 1976 and 1983. LaRosa previously held a Florida Teacher's Certificate, and no issue is presented whether LaRosa's age, academic background and experience are sufficient.
For Petitioner: Anthony W. LaRosa, pro se For Respondent: Wilson Jerry Foster, Esquire
Except to the extent they are consistent with these Findings of Fact, all proposed findings of fact are rejected as either not supported by competent, substantial evidence, contrary to the greater weight of the evidence or irrelevant.
On November 6, 1974, LaRosa was granted a Florida Teacher's Certificate and subsequently was employed by the Duval County School System.
On October 24, 1975, LaRosa failed to appear at 3 a.m. for work as a substitute teacher in the P.E. Department at John Gorrie Junior High School. After having been involved in a car accident the night before and not having gotten to sleep until 5 a.m., LaRosa overslept and therefore did not notify the school board that he would be absent or advise the school of the reason for his failure to appear for class until noon that day.
On or about February 25, 1976, LaRosa was convicted in Duval County, Florida, of driving while intoxicated on the previous February 15. He was fined
$200, and his driver's license was suspended for three months.
On June 9, 1976, LaRosa was arrested in Duval County, Florida, for driving while intoxicated on that day.
On or about July 2, 1976, LaRosa was convicted in Duval County, Florida, of having driven while intoxicated on June 9, 1976. He was sentenced to ten days in the Duval County Jail.
LaRosa's convictions, set forth above, were considered by the Professional Practices Council of the Department of Education. The Council found "no probable cause to believe that the certificate be revoked or suspended at this time . . . and a letter of warning regarding repeated offenses be directed to the educator." By letter dated September 23, 1976, the Council warned LaRosa against future conduct that would reduce his effectiveness as an educator.
Subsequent to the events set forth in the proceeding Findings of Fact, LaRosa left the teaching field and his certificate lapsed. From 1978 to the present, he has engaged in a number of employment positions unconnected with the field of education.
On or about May 5, 1981, LaRosa was arrested for disorderly intoxication and public disturbance in Duval County, Florida. He subsequently was convicted on his plea of guilty and sentenced to 15 days' suspended sentence with six months' probation.
In or about September, 1981, LaRosa was arrested for disorderly intoxication in Duval County, Florida. On November 18, 1981, be was convicted of that offense and violation of the probation alleged in the preceding paragraph. The court sentenced LaRosa to 68 days in jail (58 days were suspended) and given six months' probation for that offense, as well as for the violation of probation with regard to the previous offense.
On or about July 6, 1982, LaRosa was convicted in Duval County, Florida, for driving while intoxicated during the previous March. He was sentenced to 38 days in jail.
LaRosa's Application for Teacher's Certificate was received by DOE on August 26, 1982. The application reflects that it was signed by LaRosa and that be swore and subscribed to its accuracy before a notary public on August 20, 1982.
In the application, LaRosa was asked the following question:
Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?
The application then provided spaces for a yes/no response and asked for details about any arrests, dates, nature of charges and dispositions. LaRosa's August 28, 1982, response to the foregoing question was simply that he had been
arrested in "Jax Fla" and that the nature of the charge(s) was "DWI." LaRosa failed to include any further statement about the nature of his charges, and he did not include any information or reference to the dates and dispositions of the arrests and convictions set forth in the preceding paragraphs.
On February 25, 1983, LaRosa was convicted in Duval County, Florida, of driving while licensee was suspended in December 1982. He was sentenced to
68 days in jail with 58 days suspended and was placed on unsupervised probation. LaRosa was not intoxicated at the time of his arrest. At the time of the arrest for this incident, the police administered a field sobriety test, which LaRosa passed. The arrest report states that LaRosa bad been drinking. LaRosa denies that he had been drinking. But the circumstances were suspicious and, coupled with the police officer's observations, prevent me from finding that LaRosa was not drinking. Since LaRosa has the ultimate burden of persuasion, I find that he had been drinking immediately prior to the time of his arrest.
In a letter dated May 26, 1983, LaRosa responded to a letter from Professional Practices regarding his admission of "DWI" arrest on Section V of the Application for Teacher's Certificate. In his letter, LaRosa wrote:
The explanation of my charges are as follows:
Driving while under the influence of alcohol.
Driving on a suspended license.
Public intoxication.
I was sentenced 18, 38, and 68 days for these offenses.
On October 6, 1983, LaRosa was again convicted in Duval County, Florida, for driving while license was suspended. For that offense, LaRosa received a 38-day suspended sentence and a $25 fine. When LaRosa was stopped by police, he at first misstated his name but was not intoxicated. At the time of the arrest, LaRosa again was given and apparently passed a field sobriety test. LaRosa denies having been drinking. But, again, the circumstances were suspicious, and the police arrest report contains a statement that the policeman thought LaRosa bad been drinking. Therefore, I find that LaRosa had been drinking just before the time of his arrest.
LaRosa claims that be stopped drinking in August, 1982, after being released from jail, and that he has not been drinking since. As stated, I find his claim not to be completely accurate. He attended Alcoholics Anonymous meetings at least twice a month during the year 1982 and attended eight to ten meetings in 1983. At the time of the final hearing, LaRosa had not been to an AA meeting in four months.
LaRosa's personal conduct, set forth above, seriously reduces his effectiveness as a teacher. Mr. Nolan G. Gillmore, Secretary Staffing Supervisor for the Duval County School Board, gave opinion testimony in the area of education and personnel administration in Duval County and the State of Florida and in the area of effectiveness of teachers. Mr. Gillmore is of the opinion that, at this time, LaRosa's conduct would disqualify him from being a person the Duval County School System would hire as a teacher. Mr. Gillmore also is of the opinion that, at this time, LaRosa could not be an effective teacher because of the effect of his conduct on his relationship with his students and that be would have difficulty in his relationships with his fellow teachers and the community. Finally, Mr. Gillmore opined that, upon the
evidence DOE presented at the final bearing, the Duval County School System would move to terminate LaRosa if he were a teacher in the system.
LaRosa concedes to wrongdoing and says he would "take a two-year suspension." He thinks he has rehabilitated himself from his drinking problems and thinks be can be a good teacher. So does his friend, Paul Galloway, who is a teacher and has taught with LaRosa in the past. But, Mr. Gillmore's testimony was more persuasive than the testimony of LaRosa and Galloway.
CONCLUSIONS OF LAW
Except to the extent consistent with the following Conclusions of Law, all proposed conclusions of law are rejected as either erroneous or not pertinent to the issues.
Nature of Proceedings. Upon review by the EPC of a DOE decision to deny an application for a teacher's certificate under Section 231.17(6)(a), Florida Statutes (1983), the issue before the EPC is whether, upon the record developed in proceedings under Section 120.57(1), Florida Statutes (1983), the application should be granted. The EPC's area of discretion is therefore broad; it is not limited to a determination whether the DOE had authority to make the preliminary "decision" to deny the application. The DOE's preliminary decision to deny the application is the equivalent of a notice of intent to deny the application and a point of entry for initiation of de novo 128.57(1) proceedings. Final agency action on the application is then taken by the EPC. See Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981); McDonald v. Department of Banking and Finance, 346 So.2d 569 (Fla. 1st DCA 1977). See also Recommended Order, Paschette v. Department of Education (Education Practices Commission), DOAH Case No. 83-2926, entered March 15, 1984.
Merits of Petitioner's Application. Section 231.28(1), Florida Statutes (1983), authorizes the Education Practices Commission to deny an application for a teacher's certificate if the applicant: "(e) Has been convicted of a misdemeanor, felony or any other criminal charge; [or] Upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board."
As mentioned, LaRosa has the burden to persuade the finder of fact and the EPC that be should be granted a teacher's certificate despite the existence of the grounds set forth in Section 231.28(1)(a). See Department of Transportation v. J.W.C. Co., Inc., supra. See also Recommended Order, Paschette v. Department of Education (Education Practices Commission), supra.
He has not done so. The facts establish a series of eight misdemeanor convictions between approximately February 25, 1976, and October 6, 1983. The first six were alcohol-related. The two that occurred in 1983 involved driving while his driver's license was suspended due to the earlier alcohol-related offenses. LaRosa also was drinking, but not intoxicated, at the time of these offenses. Nonetheless, LaRosa has not yet been able to demonstrate an ability to avoid involvement with the criminal justice system for any extended period of time. All persons connected with this case hope that LaRosa has indeed rehabilitated himself from his drinking problem and that be will be able to avoid encounters with the criminal justice system in the future. But LaRosa has not yet proved his total rehabilitation; not enough time has passed since his last arrest and conviction in October, 1983.
In addition, in view of LaRosa's pattern of personal conduct which has continued until the very recent past, LaRosa has not met his burden to persuade
me that his effectiveness as a teacher is not, at this time, seriously reduced. On the contrary, Mr. Gillmore persuasively testified that LaRosa, even if totally rehabilitated as a person, still is too close in time to his encounters with the criminal justice system for him to be effective as a teacher at this time. Mr. Gillmore did, however, leave open the possibility that LaRosa could again become an effective teacher if be can demonstrate his rehabilitation over a longer period of time.
LaRosa's Suggestion of a Suspension. LaRosa stated at the final hearing that be recognized his wrongdoing and suggested that he would take a two-year suspension." However, disciplinary action such as a suspension generally can be taken only against someone who already holds a current certificate. Instead, the proper procedure would be for LaRosa to reapply when he feels enough time has passed that be will be able to prove, not just predict, his personal rehabilitation and ability to be effective as a teacher.
Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission deny this application of Anthony W. LaRosa for a Florida Teacher's Certificate.
RECOMMENDED this 15th of March, 1984, in Tallahassee, Florida.
J. LAWRENCE JOHNSTON Hearing Officer
Filed with the Clerk of the Division of Administrative Hearings this 15th day of March, 1984.
Mr. Anthony W. LaRosa 3554 College Place
Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301
Mr. Donald L. Griesheimer Executive Director
The Honorable Ralph D. Turlington Commissioner of Education
