STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARC D. BALDWIN, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3471

)

DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION, )

)

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 11, 1984. The following appearances were entered:

APPEARANCES

For Petitioner: James Curran, Esquire

901 South Federal Highway, Suite 203 Fort Lauderdale, Florida 33316

For Respondent: J. David Holder, Esquire

Post Office Box 1694 Tallahassee, Florida 32302

The issue for determination at the final hearing was whether the Petitioner Marc D. Baldwin is entitled to be issued a Florida Teaching Certificate.

At the final hearing, Robert Hodges, Jr., a personal friend of the Petitioner, Jane Susan Baldwin, the Petitioner's wife, James Allen Burns, a Department of Professional Regulation investigator, Paul Aldridge, a teacher and colleague of the Petitioner, Father Joseph Kirshner, Provincial of the Piarist Teaching Order of the Eastern United States and Principal of Cardinal Gibbons High School, Sister Mary Rose Crowley, a teacher and colleague of the Petitioner and Marc D. Baldwin, Jr., testified for the Petitioner. Herbert Weisman and Tom Benton testified for the Respondent. Respondent's Exhibits 1, 2, 3 and 4 were offered and admitted into evidence.

Proposed Recommended Orders containing findings of fact have been submitted by the parties and considered in the preparation of this Recommended Order.

When the parties' findings of fact were consistent with the weight of the credible evidence introduced at final hearing, they were adopted and are reflected in this Recommended Order. To the extent that the findings were not consistent with the weight of the credible evidence, they have been either rejected, or when possible, modified to conform to the evidence. Additionally, proposed findings which were subordinate, cumulative, immaterial or unnecessary have not been adopted.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. Petitioner, Marc D. Baldwin, formerly held a Florida Teaching Certificate, No. 393803, and was employed as a Public school teacher during the 1979-1980 school year at Fort Myers High School in the Lee County School District until his resignation on March 31, 1980.

   
   

2. During the 1979-1980 school year, Petitioner engaged in sexual relations with one or more female students of Fort Myers High School.

   
   

3. During the 1979-1980 school year, Respondent took a female student off the campus of Fort Myers High School, a "closed campus," during school hours and went to the apartment of a former student where marijuana was smoked in his presence.

   
   

4. During the 1979-1980 school year, Petitioner allowed and signed excuses for a female student to cut class and come to class tardy, which contributed to the student's grade being lowered by the instructor.

   
   

5. During the 1979-1980 school year, Petitioner smoked marijuana and provided and drank alcoholic beverages with students at his apartment on one or more occasions.

   
   

6. Upon being confronted with this information by employees of the Lee County School Board, Petitioner resigned his position.

   
   

7. On January 23, 1981, an Administrative Complaint was filed by Education Commissioner Ralph D. Turlington, seeking to suspend or revoke Petitioner's Teaching Certificate based upon the conduct described hereinabove. Although Petitioner was served with the Administrative Complaint, he did not respond.

   
   

8. On June 1, 1981, the Education Practices Commission entered a Final Order "permanently revoking" Petitioner's Florida Teaching Certificate based upon the facts set forth hereinabove. The Education Practices Commission concluded that such conduct constituted acts of gross immorality, moral turpitude, and conduct which seriously reduced Petitioner's effectiveness as an employee of the School board. Ralph D. Turlington v. Marc D. Baldwin, Case No. 81-033-RT (June 1, 1981). No appeal was taken from this Final Order.

   
   

9. On or about March 31, 1983, Petitioner applied to the Florida Department of Education for issuance of a teaching certificate. The Department of Education denied Petitioner's application and notified him of the denial through a "Notice of Reasons" dated October 12, 1983.

   
   

10. Petitioner has competently and capably performed the duties assigned to him as a school teacher at Cardinal Gibbons High School, a private school, since approximately August 1980. There have been no reports or complaints of improper or unethical conduct by Petitioner during his tenure at this private school. The Petitioner has been ranked by his superiors in the top 5 percent-10 percent of all English teachers and has been characterized as a "great teacher."

    
    

11. Since his difficulties in Fort Myers, the Petitioner has moved to Ft. Lauderdale, married and maintains a stable lifestyle. The Petitioner has taken

    responsibility for his past and has consciously set out to change the direction of his life.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

13. Section 231.17(6)(a), Florida Statutes, provides that the Department of Education is authorized to deny an applicant a teacher's certificate if its 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.

    
    

14. Petitioner has been found by the Education Practices Commission to have engaged in sexual relations with one or more minor female students, used marijuana and provided and drank alcohol with students in Petitioner's apartment, took a female student to a former student's apartment where marijuana was smoked, and permitted a student to cut class and come to class tardy with the result that the student's grade was lowered. Based upon that misconduct, the teaching certificate which Petitioner formerly held was permanently revoked. In the revocation proceeding, Petitioner was afforded all procedural and substantive due process rights provided in administrative licensure proceedings. The Findings of Fact by the Education Practices Commission in its Final Order are binding upon the parties in this proceeding as res judicata.

    
    

15. Section 231.28, Florida Statutes, authorizes the Education Practices Commission to revoke a teaching certificate for a period of time not to exceed ten (10) years "with reinstatement subject to the provisions of subsection (4)" or "to revoke permanently the teaching certificate of any person" found to be in violation of the statute.

    
    

16. Section 231.28(4)(b), Florida Statutes, provides as follows:

    
    

    A person whose teaching certificate has been revoked under this section may apply for a new certificate at the expiration of that period of ineligibility fixed by the Education Practices Commission 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.

    
    

    Although the period of ineligibility in Petitioner's case is indefinite, Petitioner is eligible for reapplication or for the reissuance of a teaching certificate under this statute. Fischler v. Askew, 349 So.2d 227 (Fla. 4th DCA 1977); In re Rassner, 265 So.2d 363 (Fla. 1972).

    
    

17. In the instant case, the acts which the Petitioner committed were extremely serious and constituted a threat to the health, safety and welfare of his students. Balanced against the grossly inappropriate behavior which the Petitioner exhibited in Ft. Myers during the 1979-80 school year is his admirable attempt over the past four years to put his past behind him and remain in the teaching profession. Although the Petitioner's example in recent years has been noteworthy, a question remains whether sufficient time has elapsed to ensure that the Petitioner has in fact been rehabilitated, especially in light of the seriousness of the charges against him.

18. Under these circumstances, the Petitioner has failed to demonstrate his present entitlement to a teaching certificate.

    
    

    RECOMMENDATION

    
    

19. Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That a final order be entered by the Education Practices Commission denying the Petitioner's application for a Florida Teaching Certificate.

DONE and ENTERED this 19th day of June, 1984, in Tallahassee, Florida.

SHARYN L. SMITH

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 19th day of June, 1984.

COPIES FURNISHED:

J. David Holder, Esquire

128 Salem Court

Post Office Box 1694 Tallahassee, Florida 32301

James Curran, Esquire 901 Federal Highway

Suite 203

Fort Lauderdale, Florida 33316

Donald L. Greisheimer Executive Director

Education Practices Commission Room 125 Knott Building Tallahassee, Florida 32301

Docket for Case No: 83-003471

Orders for Case No: 83-003471