STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, as Commissioner) of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 91-6976

)

ROBERT R. STONE, )

)

Respondent. )

)

RECOMMENDED ORDER

Following the provision of notice a formal hearing was held in this case on February 26, 1992 in Ocala, Florida. Authority for the conduct of the hearing is set forth in Section 120.57(1), Florida Statutes. Charles C. Adams was the hearing officer.

APPEARANCES

For Petitioner: John Gilroy, Esquire

Department of Education Room 1701, The Capitol

Tallahassee, Florida 32399-0400

For Respondent: Gene Brown, Esquire

20 South Magnolia

Ocala, Florida 32671 1/ STATEMENT OF THE ISSUES

The issues here are those framed by the Administrative Complaint brought by the Petitioner against the Respondent under the State of Florida Education Practices Commission Case No. 90200-D.

PRELIMINARY STATEMENT

When accused of violations of Chapter 231, Florida Statutes, pertaining to his teacher's certification in Florida, Respondent elected to request a formal hearing to oppose the Administrative Complaint. Based upon that option the Petitioner forwarded the case to the Division of Administrative Hearings to conduct a formal hearing. That hearing took place on the date described. As indicated, Respondent did not attend nor explain his absence.

At the hearing Petitioner presented five exhibits which were admitted into evidence. It presented the testimony of Frank Washington, Jr., Director of Personnel of the Marion County, Florida School System.

The transcript of the hearing was filed on March 16, 1992. Petitioner filed a proposed recommended order. The fact finding is subordinate to facts

found in the recommended order. Respondent did not file a proposed recommended order.

FINDINGS OF FACT

1. At relevant times to this inquiry Respondent has held the teaching certificate number 664911 in the area of substitute teacher issued by the Petitioner.

   
   

2. In the case of the State of Florida v. Robert Ray Stone, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida in and for Marion County, Case Number 90-1630-CF-A-W, Respondent was charged with two counts of vehicular homicide, a single count of leaving the scene of an accident in which a death was involved and a single count of evidence tampering. The accident was alleged to have occurred on May 6, 1990 and the alleged evidence tampering was said to have occurred between May 6 and May 12, 1990.

   
   

3. On April 30, 1991 Respondent was tried, found guilty and was adjudicated guilty of unlawfully and willfully failing to stop his vehicle at the scene of an accident or as close thereto as possible, or forthwith to return to that scene and fulfill the reporting requirements and rendering of aid requirements set out in Section 316.062, Florida Statutes, thus violating Section 316.027, Florida Statutes. He pled and was adjudicated guilty of unlawfully and knowingly altering, destroying, concealing, or removing any record, document or thing, in this instance an automobile and/or automobile parts with the purpose to impair its verity or availability in any proceeding or investigation, knowing full well that a criminal trial or proceeding or an investigation by duly constituted prosecuting authority, law enforcement agency or grand jury of the state was pending or was about to be instituted, and through such evidence tampering violated Section 918.13(1)(a), Florida Statutes. The accident in question involved death. These offenses in Counts 3 and 4 to the information to which Respondent offered his pleas were third degree felonies. The two counts of vehicular homicide were not pursued and are not part of the judgment and sentence in the aforementioned case. For his plea Respondent was given concurrent sentences of twelve months imprisonment for Counts 3 and 4 to the second amended information, followed by six years probation to run concurrent. In the imposition of the sentence the court also recommended payment of restitution and investigative costs, alcohol counseling, and that the Respondent consume no alcohol and that the driver's license of the Respondent be revoked for a period of three years.

   
   

4. Knowledge of the crime was publicized in the Ocala Star Banner in its July 10, 1990 edition.

   
   

5. Frank Washington, Jr., Director of Personnel for the Marion County School System, Marion County, Florida, in which Respondent had been employed as a substitute teacher, offered his opinion on the Respondent's effectiveness to serve as a substitute teacher following the subject incident. Mr. Washington has 31 years of experience in education to include classroom instruction at the elementary, junior high and high school level, service as assistant principal or principal in elementary and middle schools as well as his administrative service. Mr. Washington holds a Florida certificate to teach. Mr. Washington is somewhat familiar with the criminal law case against the Respondent. As a consequence of the case Respondent has been removed from the approved list of substitute teachers in the Marion County School System. Mr. Washington's opinion on the effectiveness of the Respondent to carry forward his duties as a substitute teacher is that Respondent's effectiveness has been reduced. This is

   especially true given that the school system has limited control over substitute teachers as contrasted with full-time teachers. Mr. Washington's concerns about Respondent's effectiveness also addresses the apparent disregard for human life evidenced by the Respondent in his conduct in leaving the scene of an accident where a human life was lost and the deceit demonstrated by the Respondent in his evidence tampering following the accident. Mr. Washington does not believe that this type individual needs to be in the classroom working with children in a posture where children are to be taught good citizenship. Mr. Washington's opinion on loss of effectiveness is accepted.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Given that the Respondent asked for a formal hearing and did not notify the forum that he had abandoned that request, Petitioner bears the burden of proving the charges set out in the Administrative Complaint by clear and convincing evidence. Ferris v. Turlington 510 So.2d 292 (Fla. 1987).

   
   

8. The Administrative Complaint contains four counts. The evidence presented to further the proof associated with those four counts on the specific conduct which Respondent stands accused of is clear and convincing.

   
   

9. As alleged in Count 1, Respondent has violated Section 231.28(1)(c), Florida Statutes, in that he has been guilty of gross immorality and an act involving moral turpitude by leaving the scene of the accident and tampering with the evidence. For the same conduct, Respondent is guilty of the violation alleged in Count 2 pertaining to Section 231.28(1)(e), Florida Statutes, in that he has been convicted of criminal charges. Likewise as alleged in Count 3 he is guilty of a violation in Section 231.28(1)(f), Florida Statutes, in that he is guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board. Finally, as alleged in County 4 Respondent is guilty of a violation of Section 231.28(2), Florida Statutes, in that he pled guilty and was found guilty of misconduct which is prima facie proof of grounds for revocation of his teaching certificate.

RECOMMENDATION

Upon the consideration of the facts found and conclusions of law reached, it is recommended:

That the teaching certificate as a substitute teacher, No. 664911, held by Robert R. Stone be revoked for a period of ten years.

RECOMMENDED this 31st day of March, 1992, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1992.

ENDNOTES

1/ Counsel for Respondent who had made his client aware of the hearing date appeared at the hearing. Respondent did not. Respondent did not make known the reason for his absence.

COPIES FURNISHED:

John Gilroy, Esquire Department of Education Room 1701, The Capitol Tallahassee, FL 32399-0400

Gene Brown, Esquire

20 South Magnolia Ocala, FL 32671

Karen Wilde, Executive Director Education Practices Commission

301 Florida Education Center

325 West Gaines Street Tallahassee, FL 32399-0400

Jerry Moore, Administrator Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, FL 32399-0400

Robert Ray Stone 700 NW 10th Avenue Ocala, FL 32675

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

Docket for Case No: 91-006976

Orders for Case No: 91-006976