STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHERRY D. CORNELIUS, )

)

Petitioner, )

)

vs. ) CASE NO. 86-4506

) BETTY CASTOR, AS COMMISSIONER ) OF EDUCATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on February 3, 1987, in West Palm Beach, Florida. The transcript was received on February 20, 1987, and the parties were allowed 15 days thereafter to submit proposed findings of fact and conclusions of law. The proposed findings of fact submitted by the Respondent are accepted, and have been generally incorporated herein, except where they were deemed to be unnecessary. Nothing has been received from or on behalf of the Petitioner.

APPEARANCES

For Petitioner: Cherry D. Cornelius, in pro per.

231 S.W. 15th Avenue

Delray Beach, Florida 33444

For Respondent: J. David Holder, Esquire

Post Office Box 1694 Tallahassee, Florida 32302

The Petitioner seeks a Florida teaching certificate from the Department of Education. This application was denied on September 17, 1986. The issue is whether the Petitioner is entitled to a teaching certificate, or should be denied.

FINDINGS OF FACT

1. On August 7, 1983, the Petitioner, accompanied by two companions, a male and female, entered the Richway Department Store at 1941 South Military Trail in West Palm Beach, Florida. The male approached the store's service desk and attempted to obtain a refund for some silverware. Previously, the store security manager, Art Riggott, had been informed by telephone call from another local Richway Store that if two black females and a black male attempted to obtain a refund for silverware at his store, a refund should be refused. When Mr. Riggott advised the male that a refund for the silverware could not be issued without a receipt for its purchase, he left the silverware on the service desk counter and exited the store.

2. While the two women were in the store, Mr. Riggott and another security officer kept them under surveillance. In the ladies wear department, they placed several articles of clothing in a carriage, including two women's jackets, and continued through the store, placing several other articles of merchandise in the carriage also. In the domestic department, the Petitioner was observed as she put the two jackets in her purse. The women then left the carriage in an aisle with the other merchandise in it, and exited the store. Outside, they rushed toward a red car parked at the curb, which was driven by the male who had sought the refund for silverware. The Petitioner was arrested. The other woman was able to get into the car before it sped off with one door open.

   
   

3. The Petitioner was taken to the store office where her purse was opened and the two women's jackets were removed. The jackets had Richway price tags on them. They had been received by the Richway Store only two days before.

   
   

4. When the Petitioner failed to appear at her scheduled court appearance, a bench warrant was issued for her arrest. She did appear at a subsequent hearing on January 20, 1984, and entered a plea of no contest to the offense of retail theft. The court withheld adjudication of guilt, ordered the Petitioner to pay a fine of $90.00, and rescinded the outstanding bench warrant. The Petitioner paid the fine.

   
   

5. In 1985, after graduating from college, the Petitioner applied to the Dade County School Board for a teaching position. On her application, the Petitioner answered "no" to the question "Have you ever been convicted, fined, imprisoned or placed on probation in a criminal proceeding?" On this application, the Petitioner also certified that the information she provided was true, correct and complete to the best of her knowledge and belief, and that the information was furnished in good faith. The application includes the statement that any omissions or false statements will constitute reason for dismissal.

   The Petitioner was hired and worked during the 1985-1986 school year, but she was dismissed from this position when school officials learned of her criminal prosecution and the false statements on her employment application.

   
   

6. On April 9, 1986, the Petitioner applied to the Department of Education for a Florida teaching certificate. On this application, the Petitioner answered "no" to a 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?" Because the results of a routine fingerprint check by the Florida Department of Law Enforcement disclosed that the Petitioner had been arrested and prosecuted for shoplifting in August of 1983, the Petitioner's application was denied.

   
   

7. On November 26, 1986, the Petitioner filed another application for a Florida teaching certificate. On this application the Petitioner disclosed that she had been arrested in West Palm Beach for shoplifting on August 3, 1983, and that adjudication of guilt was withheld.

   
   

8. The Petitioner's falsification of her applications for employment and for a teaching certificate are acts of extreme dishonesty and conduct which would seriously reduce her effectiveness as an employee of the school system. Such conduct violates the Principles of Professional Conduct for Educators, and is unacceptable for members of the teaching profession.

   CONCLUSIONS OF LAW

   
   

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

   
   

10. Section 231.17(6)(a), Florida Statutes, authorizes the Department of Education to deny an application for a teaching 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."

    
    

11. Section 231.28(1), Florida Statutes, authorizes the Education Practices Commission to revoke the teaching certificate of any person if it can be shown that such person has been found guilty of personal conduct which would seriously reduce his effectiveness as an employee of the school board, or has violated the provisions of law or rules of the State Board of Education, the penalty for which is revocation of the teaching certificate.

    
    

12. Rule 6B-1.06(2), Florida Administrative Code, provides that violation of any of the Principles of Professional Conduct for the Education Profession in Florida shall subject the individual to revocation or suspension of his teaching certificate. Subsections 1.06(5)(a), (g) and (h), of this Rule provide that the individual shall maintain honesty in all professional dealings, shall not submit fraudulent information on any document in connection with professional activities, and shall not make any fraudulent statement or fail to disclose a material fact in an application for a professional position.

    
    

13. From the evidence presented, it is concluded that the Petitioner falsified the employment application she submitted to the Dade County School Board, and the application for a teaching certificate she submitted to the Department of Education on April 9, 1986. This is conduct which violates the provisions of Rule 6B-1.06(2) and subsections (a)(g) and (h) of Rule 6B-1.06(5), Florida Administrative Code, and it is personal conduct which would seriously reduce the Petitioner's effectiveness as an employee of the school board. Therefore, the Petitioner has committed acts which would constitute grounds for the revocation of her teaching certificate by the Education Practices Commission, and her application for a Florida teaching certificate may be denied, pursuant to Section 213.17(6)(a), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Cherry D. Cornelius for a Florida

teaching certificate, be denied.

THIS RECOMMENDED ORDER entered this 2nd day of April 1987 in Tallahassee, Leon County, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 2nd day of April 1987.

COPIES FURNISHED:

Ms. Cherry D. Cornelius

231 S.W. 15th Avenue

Delray Beach, Florida 33444

Sydney McKenzie, Esquire General Counsel Department of Education Knott Building

Tallahassee, Florida 32399

J. David Holder, Esquire

P. O. Box 1694 Tallahassee, Florida 32302

Karen Barr Wilde Executive Director Department of Education

125 Knott Building Tallahassee, Florida 32399

Hon. Betty Castor Commissioner of Education Department of Education The Capitol

Tallahassee, Florida 32399

Marlene T. Greenfield Administrator

Professional Practices Services Department of Education

319 West Madison Street Room 3 Tallahassee, Florida 32301

Docket for Case No: 86-004506

Orders for Case No: 86-004506