STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF EDUCATION AND ) EDUCATION PRACTICES COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2020

)

JEFFREY W. SIEGFRIED, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on November 5, 1986, in West Palm Beach, Florida, before the Division of Administrative Hearings, by its assigned Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Craig R. Wilson, Esquire

215 Fifth Street, Suite 302 West Palm Beach, Florida 334D1

For Respondent: No Appearance

ISSUE

The issue is whether Respondent's Teaching Certificate should be revoked or otherwise disciplined based on the acts alleged in the Administrative Complaint.

The Petitioner presented the testimony of Linda Rondone, Jane E. Vowell, Susan C. Vassilev, Kyril P. Vassilev, III and Johnny B. McKenzie. Petitioner's Exhibits 1-5 were admitted in evidence. Official recognition, pursuant to Section 90.202, Florida Statutes, was taken of the statutes and violations charged in the case of State of Florida v. Jeffrey Siegfried, 85-1568 MMA02, and the Code of Ethics of the Education Profession in Florida, Section 6B--1.01, Florida Administrative Code.

The Respondent, Jeffrey W. Siegfried, failed to appear for the formal hearing despite notice to him personally and to his former counsel who was granted leave to withdraw.

Petitioner submitted proposed findings of fact and conclusions of law. All proposed findings of fact and conclusions of law have been considered. A ruling has been made on each proposed finding of fact in the Appendix attached hereto and made a part of this Recommended Order.

FINDINGS OF FACT

1. At all times material hereto, the Respondent held Teaching Certificate Number 440229, issued by the Department of Education for the State of Florida.

   
   

2. The Respondent's Teaching Certificate covers the areas of English and Reading.

   
   

3. On or about June 13, 1978, the Respondent applied for a teaching certificate for the State of Florida.

   
   

4. The Respondent filled out the application and answered "No" to the 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?"

   
   

5. The Respondent signed the application in front of a notary on June 13, 1978, certifying that all information pertaining to the application was true and correct.

   
   

6. Petitioner presented charging documents from the Court of Common Pleas of Montgomery County, Pennsylvania, in which the Respondent was charged with three crimes alleged to have occurred on June 7, 1975, to wit: Unlawful Possession of a Controlled Substance, Corruption of Minors and Disorderly Conduct.

   
   

7. Further, the documents indicated that the Respondent was sentenced on December 4, 1975, to the Program of Accelerated Rehabilitative Disposition on the charges of Possession of Marijuana and Corruption of Minors. The program involved a twenty four (24) month probationary period and payment of $350.00 restitution. The charge of Disorderly Conduct was nolle prossed.

   
   

8. On July 20, 1979, the Respondent filled out an Application of Instructional Position for Palm Beach County, Florida.

   
   

9. The Respondent in said application again made no mention of his criminal history. He again checked off "No" to the 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 Respondent signed the application certifying that all the answers given were true.

   
   

10. In the fall of 1980, the Respondent was employed by the Palm Beach County School District.

    
    

11. On January 24, 1986, an Information was filed in the County Court of Palm Beach County, Florida, charging the Respondent with Possession of Marijuana on January 15, 1985 and Child Abuse on December 23, 1984.

    
    

12. Susan C. Vassilev, mother of Kyril Vassilev, testified that she had been friends with the Respondent for 3 or 4 years preceding December of 1984. Throughout their acquaintance, the Respondent was employed as a full time teacher for the Palm Beach County School Board.

    
    

13. Mrs. Vassilev's son, Kyril, occasionally did yard work and odd jobs for the Respondent.

14. On December 23rd of 1984, Mrs. Vassilev reminded her son about a Christmas Eve dinner invitation at the Respondent's house. He answered her, "No, I'm not going there. He's a fag. I don't want anything to do with him."

    
    

15. Mrs. Vassilev than testified as to what her son told her which was again reiterated by her son when he testified later in the hearing.

    
    

16. In November and December, 1984, Kyril Vassilev was thirteen (13) years old. He had met the Respondent through his mother and knew the Respondent to be a teacher in Palm Beach County.

    
    

17. Kyril went to the Respondent's house in late November or early December of 1984 to do some yard work for the Respondent.

    
    

18. The Respondent picked Kyril up and while in the Respondent's van, the Respondent suggested that he knew a way for Kyril to earn a lot of money and only work two hours a day, 2 or 3 times a week.

    
    

19. After Kyril mowed the Respondent's yard, he came into the Respondent's house for a drink. He asked the Respondent how he could make such easy money. The Respondent told him it was called child pornography and explained that it involved Kyril posing for nude photographs. The Respondent showed Kyril photographs of a nude boy in a magazine and claimed that he had helped the boy earn money by arranging for him to pose nude.

    
    

20. Kyril told the Respondent that he wasn't interested and went back outside to continue staining the backyard fence. After a while, Kyril went back inside for another drink. The Respondent at that point told Kyril that the photographers had called and were willing to pay him $200.00 for posing nude. Kyril again told the Respondent that he was not interested.

    
    

21. After finishing work, Kyril again came into the house and the Respondent told him the photographers had called again and upped the price to

    $500.00. Kyril told the Respondent no again.

    
    

22. The Respondent sent Kyril to buy camera film at Eckerds. Kyril testified that he was afraid, but he went and got the film and brought it back. Again the Respondent asked Kyril if he would reconsider. Kyril, again, declined.

    
    

23. Before Kyril left, the Respondent informed him that he couldn't tell his mother or anyone else. The Respondent told Kyril that he need not worry about his mother finding out, because the Respondent would open a secret bank account for him, where he could keep the money. Before leaving for the day, Kyril testified that, the Respondent told him "they" had called and were now willing to pay up to $1,000.

    
    

24. The Respondent took Kyril home and enroute again tried to talk him into posing nude. Kyril again declined. The Respondent indicated that Kyril could make even more money doing things with other boys in front of the camera.

    
    

25. Kyril was waiting until after Christmas to tell his mother, but because of the invitation to the Respondent's residence for Christmas Eve dinner, he decided to tell his mother on December 24, 1984.

26. Mrs. Vassilev confronted the Respondent with her son's allegations and he claimed to be working undercover for school security to infiltrate a child pornography ring.

    
    

27. Johnny B. McKenzie testified that as Director of Security for Palm Beach School Board that he had no knowledge of the Respondent working for school security.

    
    

28. On July 11, 1985, the Respondent pled no contest to Count I, Possession of Marijuana less than 20 grams and Count II, Child Abuse. Judge Karen Martin, County Court Judge in and for Palm Beach County, Florida, withheld adjudication as to Count I and adjudicated the Respondent guilty of Count II. The Respondent was placed on twelve (12) months probation with special conditions that he: (1) make no contact with any child under the age of 18 years without another adult being present; (2) make no contact with the mother of the victim and/or the victim, himself; (3) undergo substance abuse evaluation and treatment if needed; and, (4) undergo psychological evaluation and counseling if needed.

    
    

29. Ms. Jane E. Vowell, then acting as Assistant Superintendent, testified that on or about January 17, 1985, the Respondent was called into her office and she informed him of the charges against him, and told him that she would recommend to the Superintendent that he be suspended with pay and given an opportunity to resign. The Respondent resigned on February 4, 1985.

    
    

30. Ms. Vowell testified that the Respondent's teaching certificate should be permanently revoked because he lacked the moral character needed to be a teacher responsible for children.

    
    

31. On March 6, 1985, the Respondent submitted an Application for Instructional Position to the Broward County School Board.

    
    

32. The Respondent again answered "No" to the 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?"

    
    

33. He again signed the application certifying that all the information given on the application was true and correct.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

35. Section 231.28, Florida Statutes, provides, in part, that the Department of Education shall have the authority to suspend or revoke the certification of any person who:

    
    

    (1)(a) Obtained the teaching certificate by fraudulent means and; . . .

    1. Has been guilty of gross immorality or an act involving moral turpitude and; . . .

       1. Has been convicted of a misdemeanor, felony, or any other criminal charge,

          other than a minor traffic violation and; . . .

       2. Upon investigation has been found guilty of personal conduct which seriously reduces a person's effectiveness as an employee of the school board and; . . .

          (h) Has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate.

          
          

36. Section 6B-1.06, Principles of Professional Conduct for the Education Profession in Florida, provides in part, as follows:

    
    

    1. The following disciplinary rule shall constitute the Principles of Professional Conduct for the Education Professional in Florida and shall apply to any individual holding a valid Florida teacher's certificate.

    2. Violation of any of these principles shall subject the individual to revocation or suspension of the individual teacher's certificate, or the other penalties as provided by law.

    1. Obligation to the profession of education requires that the individual:

       1. Shall maintain honesty in all professional dealings;

    (h) Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional practice.

    
    

37. The Respondent's course of conduct as demonstrated by Petitioner's evidence indicates that the Respondent continually and intentionally failed to maintain honesty in his professional dealings. Further, the Petitioner's evidence clearly and convincingly proves that the Respondent was guilty of performing an act which constitutes gross immorality and for which the Respondent was convicted of a misdemeanor. Finally, the evidence is equally clear and convincing that the Respondent's personal conduct has seriously reduced his effectiveness as an employee of the Palm Beach County School Board.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Education Practices Commission enter a Final Order

permanently revoking the teaching certificate of Jeffrey W. Siegfried.

RECOMMENDED this 5th day of February 1987, in Tallahassee, Florida.

DIANE K. KIESLING

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 5th day of February, 1987.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2020

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in this case.

Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner Proposed findings of fact 1-33 are adopted in substance in Findings of Fact

1-33.

COPIES FURNISHED:

Craig R. Wilson, Esquire

215 Fifth Street, Suite 302 West Palm Beach, Florida 33401

Jeffrey W. Siegfried Post Office Box 172

Truro, Massachusetts 02666

Marlene T. Greenfield Administrator

Professional Practices Services

319 West Madison Street Tallahassee, Florida 32301

Karen Barr Wilde Executive Director

Education Practices Commission

125 Knott Building Tallahassee, Florida 32301

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32301

Docket for Case No: 86-002020

Orders for Case No: 86-002020