STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALVIN LEONARD PONDEXTER, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3253

)

DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION ) and RALPH D. TURLINGTON, as )

Commissioner of Education, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on January 10, 1984, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Alvin Leonard Pondexter, pro se

17120 Northwest 27th Street Miami, Florida 33056

For Respondent: Wilson Jerry Foster, Esquire

616 Lewis State Bank Building Tallahassee, Florida 32301

The issue for determination at the final hearing was whether Petitioner is entitled to issuance of a Florida Teacher's Certificate, or whether Respondent should deny Petitioner's application for the reasons set forth in the document entitled Notice of Reasons.

Petitioner testified in his own behalf and offered five exhibits which were admitted into evidence. Respondent presented the testimony of three witnesses and offered four exhibits which were admitted into evidence.

Proposed Recommended Orders containing findings of fact have been submitted by the parties. To the extent that the proposed findings are not reflected in this Order, they are rejected as either being not supported by the weight of admissible evidence, or as being irrelevant to the issued determined here.

FINDINGS OF FACT

1. On or about September 13, 1976, Petitioner Alvin Leonard Pondexter, was convicted in Leon County, Florida, of attempted petty larceny, a misdemeanor, on the charges of attempting on May 26, 1976 to steal two bicycles from students on the campus of Florida State University. At the hearing in this cause,

   Petitioner maintained that he only admitted to, and was convicted of, attempting to steal one bicycle.

   
   

2. On June 12, 1976, while the charges contained in the preceding paragraph were pending and Petitioner was awaiting sentencing, Petitioner was arrested in Leon County, Florida, as he attempted to steal a ham from a Tallahassee food market. In an effort to free himself from restraint by the store security guard, Petitioner bit the tip of one finger off the guard's hand and bit the guard on the inside of a thigh. On December 20, 1976, Petitioner was convicted of battery on the guard and shoplifting, both misdemeanors, and was sentenced to one year in the Leon County jail.

   
   

3. On or about September 9, 1979, Petitioner was arrested in Dade County, Florida, for lewd and lascivious behavior after police officers observed him performing oral sex with a 15-year-old male while in a parked car which was located in a beach parking lot off Collins Avenue. Bruce Munster, one of the officers who observed the Petitioner's conduct at the time of his arrest, noticed that the Petitioner became irate and caused Munster to pull his gun to effect the arrest. Petitioner refused to discuss the case at the hearing because the criminal charges against him in connection with this matter were dropped. Petitioner did not offer any rebuttal evidence at the hearing on this charge and in his deposition, he admitted that at the time of the arrest that his companion in the car was sitting in the front seat with his pants down.

   
   

4. In 1980, Petitioner applied for a teacher's certificate. On October 21, 1980, his application was denied for the same reasons set out in the foregoing paragraphs. Petitioner failed to appeal or in any way contest the denial of his application.

   
   

5. Dr. Patrick Gray, Executive Director, Division of Personnel Control, Dade County, testified as an expert in the areas of education and personnel administration in Dade County and the State of Florida, and as an expert with respect to the Code of Ethics and the Principals of Professional Conduct regulating teachers. The Petitioner's conduct amounts to immorality and moral turpitude, and lessens Petitioner's effectiveness as a public educator in the public school system. In addition, as stated by Dr. Gray the Dade County School system would not hire the Petitioner even if he were granted a certificate.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings. Section 120.57(1), Florida Statutes.

   
   

   Section 231.17(6)(a), Florida Statutes, provides:

   The Department of Education is authorized to deny an applicant a certificate if it possesses evidence satisfactory to it that the applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be

   authorized to revoke a teaching certificate.

   
   

7. Section 231.28(1), Florida Statutes (1981) provides that the Education Practices Commission shall have authority to revoke a teaching certificate of any person provided it can be shown, inter alia, that such person: ". . . Has

   been guilty of gross immorality or an act involving moral turpitude; . . . has been convicted of a misdemeanor, felony or any other criminal charge . . . ; or

   . . . has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board."

   
   

8. The evidence is undisputed that the Petitioner has engaged in a number of acts which would legally be sufficient to support the revocation of his certificate were he a teacher. His convictions coupled with his conduct involving a 15-year-old youth established that his conduct would seriously reduce his effectiveness as a school teacher.

RECOMMENDATION

Accordingly, based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED:

That a Final Order be entered denying Petitioner's application for a Florida Teacher's Certificate.

DONE and ENTERED this 23rd day of March, 1984, in Tallahassee, Florida.

SHARYN L. SMITH

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1984.

COPIES FURNISHED:

Alvin Leonard Pondexter 17120 Northwest 27th Street Miami, Florida 33056

Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301

Donald L. Griesheimer, Director Education Practices Commission Knott Building

Tallahassee, Florida 32301

Docket for Case No: 83-003253

Orders for Case No: 83-003253