STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FRANK T. BROGAN, as Commissioner ) of Education, )
)
Petitioner, )
)
vs. ) CASE NO. 94-0563
)
EDWARD MCDONALD, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held in this case in Bartow, Florida on September 14, 1995 before Arnold H. Pollock, a Hearing Officer with the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Ronald G. Stowers, Esquire
Department of Education Suite 1701, The Capitol
Tallahassee, Florida 32399-0400
For Respondent: Edward McDonald, pro se
7203 North 40th Street Tampa, Florida 33604-4501
STATEMENT OF THE ISSUES
The issue for consideration in this case is whether Respondent's certification as a teacher in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
PRELIMINARY MATTERS
By Administrative Complaint dated November 9, 1993, Betty Castor, then Florida's Commissioner of Education, charged that Respondent was guilty of gross immorality or of an act involving moral turpitude, and of other violations of the law, in violation of Section 231.28(1), Florida Statutes; and that he failed to make a reasonable effort to protect his students from harm, intentionally exposed students to embarrassment or disparagement and exploited his professional relationship with students for personal gain or advantage, all in violation of Rule 6B-1.006(3), F.A.C. Respondent requested formal hearing on the allegations and this hearing ensued.
When the hearing convened, Respondent declined to participate, citing the order of the Circuit Judge who heard the criminal charges preferred against him for the matters involved herein, which, he claimed, prohibited him from having any contact with the alleged victim of his actions or her family. The
Respondent also declined to testify at the hearing because, he claimed, his appeal of the Circuit Court's disposition of the criminal charges brought against him had not been resolved and he did not want to in any way prejudice his appeal by testimony at this hearing.
In response to these concerns, the undersigned advised Respondent that appearance at and participation in the instant hearing would not in any way constitute a violation of the court's injunction against contact with the victim or her family, and that the undersigned would keep the file open to allow Respondent to testify at a later date in the event his appeal was resolved in such a way as to permit his testimony, but that we would continue with the taking of all other evidence, except his testimony. He could fully participate in the hearing through the cross examination of Petitioner's witnesses and the presentation of other evidence in his own behalf. Notwithstanding these assurances, Respondent persisted in declining to participate, and left the hearing room prior to the introduction of any evidence or argument on the merits. The hearing thereafter proceeded in his absence.
At the hearing, Petitioner presented the testimony of Detective Sergeant Kurt T. Bradley of the Lake Alfred Police Department; Harry R. Williams, Principal of Bartow Middle School and formerly Principal of the Lake Alfred Career Development Center, (Center), and Respondent's supervisor; Donald B. Cox, Assistant Superintendent for Personnel of the Polk County School Board; T.M. B., formerly a student at the Center; and O.D.B., formerly Respondent's student at the Center and the victim of his alleged misconduct. Petitioner also introduced Petitioner's Exhibits 1 and 2.
Subsequent to the hearing, and after the denial of his appeal, Respondent sought to present evidence in his behalf. Over objection by counsel for the Commissioner, the Respondent was allowed to submit his testimony by deposition with, attached thereto, a compendium of deposition exhibits including his Affidavit and documentary exhibits 1 through 23, which, as appropriate, relevant and material, were considered by the undersigned in the resolution of the disputed issues of fact herein.
A transcript of the September 14, 1995 hearing, and a copy of Respondent's testimonial deposition, with exhibits, were provided to the Hearing Officer.
Only Petitioner's counsel submitted Proposed Findings of Fact which are hereby accepted. Respondent did not submit Proposed Findings of Fact, but the Affidavit submitted as an exhibit to his deposition was considered as his statement of his position regarding the allegations and the evidence presented in support of them and was considered in the preparation of this Recommended Order.
FINDINGS OF FACT
At all times pertinent to the issues herein, the Petitioner, Florida's Commissioner of Education, was the state official responsible for the certification of teachers in this state. Respondent held and currently holds Florida Teaching certificate No. 086279 in the areas of reading and social science. This certificate , unless otherwise revoked for cause, will be valid through June 30, 2000.
During the school years from 1990 to 1992, Respondent was employed as a reading teacher at the Lake Alfred Career Development Center operated by the Polk County School Board, having been hired into that position by the Center's Principal, Mr. Williams, in 1990. During the 1991-1992 school year, Respondent
taught T.B., a minor female. During the same school year, 1991-1992, O.B., T.B.'s sister and a minor female, also was a student at the Center, and though not a pupil of the Respondent, served as a tutor to Respondent's class.
Starting in January, 1992, Respondent gave O.B. small amounts of money for personal expenditures such as drinks and lunch. He also gave her items of clothing and a check to pay for a subscription for a magazine she wanted.
During the period up to April, 1992, he gave her money for making the honor roll and other sums, up to $20.00 at a time, for spending money. These payments would be made every other week or so. In addition to giving O.B. money and gifts, shortly before the spring break he also gave her his home phone number and told her that if she needed anything she should call him and they would go shopping together.
On April 22, 1992 O.B. had occasion to work, alone, in Respondent's office. At the time, she was reading newspaper articles into a tape recorder for him to use to help his students in their reading lessons. While she was there, Respondent came to the office several times to check on her, and on this day, she was wearing one of the outfits Respondent had bought for her.
On one of these visits, Respondent sat down across from O.B. and placed his hands on her upper thighs. As he did this, he asked her if he could do something personal with her. O.B. asked Respondent what that was, to which question Respondent told her not to ask questions but just say either yes or no. O.B, did not respond but remained silent. At this point, Respondent lifted O.B.'s skirt. He then told her to stand up while he remained seated.
When she stood, Respondent reached over and pulled out on the top of O.B.'s panties. Petitioner asserts that by doing so he was able to see her vagina but this is unlikely. Because he did not pull her panties down and she was standing up, it would be difficult, if not impossible, for him to see her vagina from that angle. Regardless, he told O.B. she was beautiful, pulled her close to him, held her and kissed her between the breasts. In his affidavit, Respondent contends it was impossible for him to do this as well because of the differences in their height and the fact that he was seated at the time, but it is found that he did.
At this point, Respondent stood up and told O.B. to open her mouth. When she complied, Respondent tried to kiss her, but she pulled away. With that, Respondent remarked that she "was not ready for that yet" and then left the office. O.B. then went quickly to the girls' bathroom and locked herself in. While there, she heard Respondent, or someone, walk by outside the bathroom several times.
When she felt ready, O.B. left the bathroom and went to one of the classrooms down the hall where her friend, H.H. was in class. Still upset and crying from her encounter with the Respondent, O.B. got H.H. out of class and told her what had happened. While the girls were talking in the hallway, T.B. came by and noticing that O.B. was crying and upset, asked what was wrong. O.B. didn't want to say, but T.B. insisted, threatening to tell their mother if O.B. did not tell her story.
After this, O.B., T.B. and H.H. went back to Respondent's office so that O.B. could get her coat and books. While they were in Respondent's office
O.B. told T.B. what had happened. While this was going on, Respondent came into the office several times. On one visit he noticed the girls were looking at a magazine and he asked them if they saw anything they liked. When they pointed
out several bathing suits, he circled those they had shown him and left, taking the magazine with him.
While he was in the office with the two girls, Respondent asked T.B. if O.B. was OK. He later saw them again and asked them both if everything was OK. He also admonished them not to say anything to anyone about O.B.'s claim. Before they left school for home that day, Respondent again told T.B. to take care of O.B., stating that O.B. had something for her. The girls then left the area but returned shortly thereafter to find out what Respondent had meant by his last comment. At that point, Respondent indicated he had forgotten, and gave O.B. a $10.00 bill. Before leaving school that day, Respondent also told
O.B. that he had behaved badly with her, claiming he had behaved like a "jackass". He said he had not meant to do it and that it would not happen again. He promised that if O.B. would not tell anyone about what he had done, he would give her money, clothes or whatever she wanted.
O.B. went home with H.H. right after school, not getting to her own home until about 7:30 PM. When she got there she told her mother what had happened between Respondent and her that day. Mrs. B. immediately called the Polk County Sheriff's Department and advised them of the incident. The Sheriff's Department notified the Lake Alfred Police Department.
At approximately 8:15 PM on April 22, 1992, Detective Bradley of the Lake Alfred Police Department came to O.B.'s home in response to the notification and spoke with O.B. Later that same evening, he advised Respondent of the charges against him.
O.B. did not go to school on April 23, 1992 because she was too upset and almost didn't go on April 24, 1992. However, Detective Bradley asked that O.B., T.B. and H.H. come to his office to make statements concerning the incident, which they did. Thereafter, he notified the Polk County School Board of the allegations and charges against Respondent as well as the State Attorney's office from whom he sought and received permission to set up a monitored phone conversation between T.B. and the Respondent.
On April 24, 1992, T.B. telephoned Respondent at school from the Lake Alfred Police Department and talked with him about the incident. In the telephone conversation, which was monitored and tape recorded by Detective Bradley, T.B. advised Respondent that H.H. was very upset over what O.B. had told her regarding the incident between him and O.B. and wondered if he would be willing to give her something to keep quiet about it. Respondent wanted to talk with H.H. about it and solicited from T.B. a telephone number at which he could call H.H. and talk with her.
After taking statements from the three girls and after taping the telephone conversation T.B. had with Respondent, Bradley went to Lake Alfred Career Development Center where he talked with Mr. Williams, the principal, who called Respondent to the office. Upon being introduced to Respondent, Bradley immediately read and advised him of his rights against self incrimination. Respondent elected to remain silent at that time and seek counsel prior to being interviewed. Bradley asked no further questions and advised Respondent of the allegations and charges against him.
At that time, in the presence of Detective Bradley, Respondent informed Principal Williams that he wanted to keep the matter private and would resign immediately. Respondent was suspended with pay effective April 24, 1995, and on May 5, 1992, submitted his formal letter of resignation and retirement
from employment with the Polk County School System, to be effective June 11, 1992. Several days after Respondent submitted his letter, on May 13, 1992, he was informed that his suspension would be continued without pay pending the outcome of the criminal investigation. However, when Respondent's employment contract came up for renewal after the expiration of the 1991-1992 school year, it was not renewed. By letter dated June 12, 1992, the Superintendent of Schools for Polk County advised Respondent he would be permitted to resign and retire and would be paid for any accrued leave.
On or about July 30, 1992, Respondent was arrested on a charge of Lewd and Lascivious Acts on a Child Under 16 Years of Age and of Tampering with a Victim or Witness relating to the allegations herein. Thereafter, on June 24, 1993, Respondent pled nolo contendere to the charge of Lewd and Lascivious Acts in Circuit Court. Adjudication of guilt was withheld and Respondent was placed on 4 years probation with conditions of probation attached. Included within these conditions was that Respondent not have unsupervised contact with any child under the age of 18. The charge of Tampering with a Victim or a Witness was dismissed.
It is improper conduct for a teacher to give money or gifts to a student of that teacher within the Polk County School District. It is also inappropriate activity and misconduct for a teacher to touch a student in the manner in which Respondent touched O.B.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter in this case. Section 120.57(1), Florida Statutes.
The Commissioner seeks to discipline Respondent's license as a teacher in the State of Florida, asserting that Respondent is guilty of misconduct including gross immorality or an act involving moral turpitude, in violation of Section 231.28(1), Florida Statutes; and has violated the provisions of Rule 6B- 1.006, F.A.C. by failing to protect his student from conditions harmful to the student's mental or physical health or safety, by intentionally exposing a student to unnecessary embarrassment and by exploiting a relationship with a student for personal advantage. Petitioner has the burden to establish its allegations by clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).
Notwithstanding Respondent's continued protestations of his innocence and his reference to what he perceives as impossibilities in the witnesses' stories, the evidence clearly establishes that Respondent inappropriately gave gifts to O.B. and made improper advances to her while she was a student who, though not a student of his, was working for him in a support capacity. The inconsistencies in O.B.'s statements highlighted by Respondent in his Affidavit are of inconsequential detail and do not detract from the overall conclusion that Respondent's actions toward O.B., in this instance, were inappropriate. It is also irrelevant whether Respondent was able to see O.B.'s vagina when he pulled out her panties. The evidence taken as a whole clearly establishes that he inappropriately touched O.B. and thereafter attempted to cover up his impropriety by offering her, her sister and her friend what could be characterized as nothing other than bribes to keep quiet about the incident.
There is no evidence of prior misconduct by the Respondent with regard to this student or any other student, but his repeated giving and offering gifts
to her and her sister in the period prior to and immediately after the incident is insidious at worst and inappropriate at best. The evidence clearly demonstrates, and Respondent offered no evidence to contradict the showing, that
O.B. was traumatized and embarrassed by his actions. This constitutes a clear violation of Rule 6B-1.006, F.A.C, and is an action involving moral turpitude in violation of Section 231.28(1), Florida Statutes.
Such activity by a teacher breaches the special trust which exists between and teacher and his or her students, is likely to cause physical or mental harm extreme embarrassment or distress to the student, and constitutes exploitation of that student for the teacher's personal advantage. Respondent's actions here are a clear violation of the Code of Ethics of the Education Profession in Florida, as outlined in Rule 6B-1.001, F.A.C.
Respondent was not discharged for cause for his misconduct but was permitted to retire without any forfeiture of his retirement pay. The evidence clearly demonstrates that Respondent should not be teaching in the public schools of this state.
Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore:
RECOMMENDED that Respondent, Edward McDonald's, teaching certificate in Florida be permanently revoked.
RECOMMENDED this 27th day of December, 1995, in Tallahassee, Florida.
ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 27th day of December, 1995.
COPIES FURNISHED:
Edward McDonald
7203 North 40th Street Tampa, Florida 33604-4501
Ronald G. Stowers, Esquire Office of the General Counsel Department of Education
Suite 1701, The Capitol Tallahassee, Florida 32399-0400
Karen Barr Wilde Executive Director
Education Practices Commission
301 W. Gaines Street Tallahassee, Florida 32399-0400
Kathleen M. Richards Administrator
Professional Practices Services
152 Florida Education Center
325 W. Gaines Street Tallahassee, Florida 32399-0400
Barbara J. Staros General Counsel Department of Education The Capitol, PL-08
Tallahassee, Florida 32399-0400
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. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency which will issue the Final Order in this case concerning its rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency which will issue the Final Order in this case.
================================================================= AGENCY FINAL ORDER
=================================================================
BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA
FRANK BROGAN, as
Commissioner of Education,
Petitioner,
EPC CASE NO. 93-232-RT
vs. DOAH CASE NO. 94-0563
EPC INDEX NO. 96-083-FOI
EDWARD MCDONALD,
Respondent.
/
FINAL ORDER
Respondent, EDWARD MCDONALD, holds Florida educator's certificate no.
086279. Petitioner's predecessor in office has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate.
Respondent requested a formal hearing and such was held before a hearing officer of the Division of Administrative Hearings. A Recommended Order issued by the Division Hearing Officer on December 27,1995, was forwarded to the Commission pursuant to Section 120.57(I), F.S. (Copy attached to and made a part or this Order.)
A panel of the Education Practices Commission (EPC) met on May 8, 1996, in Miami, Florida, to take final agency action. Petitioner was represented by Ronald G. Stowers, Attorney at Law. Respondent was neither present nor represented by counsel.
The panel reviewed the entire record in this case.
Respondent filed exceptions to the Recommended Order. Copies of those exceptions are attached to and incorporated by reference.
RULINGS ON RESPONDENT'S EXCEPTIONS
Not an exception.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because, the finding is supported by competent substantial evidence.
Accepted as to the last sentence but denied as to the remainder which is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Denied because the finding is supported by competent substantial evidence.
Not an exception.
Denied because the panel agrees with the Hearing Officer's conclusion.
Denied because the panel agrees with the Hearing Officer's conclusion.
Denied because the panel agrees with the Hearing Officer's conclusion.
Denied because the panel agrees with the Hearing Officer's conclusion.
Denied because the panel agrees with the Hearing Officer's conclusion.
FINDINGS OF FACT
The Commission adopts as its Findings of Fact paragraphs 1 through 18 of the Hearing Officer's Findings of Fact as modified by the foregoing ruling on Exception 12.
CONCLUSIONS OF LAW
The Commission adopts paragraphs 19 through 24 in the Hearing Officer's Conclusions of Law as its Conclusions of Law.
PENALTY
The Commission adopts the Hearing Officer's recommended penalty.
WHEREFORE, it is ORDERED AND ADJUDGED that Respondent's teaching certificate is hereby PERMANENTLY REVOKED.
This Order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120-68(2), F.S., and Florida Rule of Appellate Procedure 9.110(b) and (c), within thirty days of the date of filing.
DONE AND ORDERED, this 10th day of May,1996.
COPIES FURNISHED TO:
Kathleen Richards, Program Director Dr. Patrick Gray, Presiding Officer Professional Practices
Services
Florida Admin. Law Reports I HEREBY CERTIFY that a copy of the
foregoing Order in the matter of Dr. John A. Stewart, Supt. Brogan vs. Edward McDonald, was Polk County Schools mailed to Edward McDonald, 7203 N. P. O. Box 391 40th St., Tampa, Fl. 33604-4501,
Bartow, Fl. 33830 this 13th day of May, 1996, by U.S. Mail.
Oziemar Woodard Personnel Director
Personnel Services Polk County Schools KAREN B. WILDE, Clerk
Ronald G. Stowers Attorney at Law 1701 The Capitol
Tallahassee, Florida 32399 Edward McDonald, Reg. and Cert.
Hearing Officer Arnold H. Pollock
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Clr Clerk ..
Division of Administrative Hearings 1230 Apalachee Parlay
Tallahassee, Florida 32399-1550
| Issue Date | Proceedings |
|---|---|
| Aug. 13, 1996 | Final Order filed. |
| May 17, 1996 | Final Order filed. |
| Dec. 27, 1995 | Recommended Order sent out. CASE CLOSED. Hearing held 09/14/95. |
| Dec. 04, 1995 | (Respondent) Demand to Read Deposition/Notice of Filing Exhibits to Deposition filed. |
| Dec. 01, 1995 | Sworn Statement of Edward McDonald filed. |
| Nov. 30, 1995 | Exhibits; Affidavit filed. |
| Nov. 27, 1995 | (Respondent) Notice of Compliance With Order Setting Post Hearing Deposition filed. |
| Nov. 17, 1995 | (Respondent) Motion for Protective Order filed. |
| Nov. 15, 1995 | Order On Motion to Set Post Hearing Deposition sent out. (Deposition of Respondent will be held on 11/20/95) |
| Nov. 14, 1995 | (Petitioner) Emergency Motion to Set Post-Hearing Deposition filed. |
| Nov. 13, 1995 | (Respondent) Response to Motion for Protective Order filed. |
| Nov. 06, 1995 | (Petitioner) Notice of Taking Post-Hearing Deposition filed. |
| Nov. 06, 1995 | Petitioner`s Emergency Motion for Protective Order Regarding the Post Hearing Deposition filed. |
| Nov. 03, 1995 | (Respondent) Request for Availability for Taking Deposition filed. |
| Oct. 26, 1995 | (Respondent) Response to Order Granting Motion to Perpetuate Testimony filed. |
| Oct. 19, 1995 | Letter to E Moore from E McDonald (RE: Request for copies) filed. |
| Oct. 18, 1995 | Order Granting Motion to Perpetuate Testimony sent out. (Respondent will within 15 days of the date of this order advise the undersigned in writing of the arrangements made for taking of his testimony by deposition) |
| Oct. 16, 1995 | (Petitioner) Notice of Filing filed. |
| Oct. 16, 1995 | Petitioner`s Proposed Recommended Order filed. |
| Oct. 16, 1995 | (Petitioner) Notice of Filing filed. |
| Oct. 13, 1995 | (Respondent) Response to Order/Motion to Perpetuate Testimony filed. |
| Sep. 28, 1995 | (Transcript) Final Hearing, tagged filed. |
| Sep. 27, 1995 | Request for Copy of Transcript (enclosed ck #2490 in amt. of 13.60/given to Hearing Officer) filed. |
| Sep. 19, 1995 | (Respondent) Motion to Stay Final Hearing: (Circuit Court) Petition for Writ of Prohibition filed. |
| Sep. 14, 1995 | CASE STATUS: Hearing Held. |
| Sep. 08, 1995 | Corrected Order Denying Motion for Continuance sent out. (hearing set for 9/14/95; Bartow) |
| Sep. 06, 1995 | Order Denying Motion for Continuance sent out. (Motion denied) |
| Sep. 06, 1995 | Order Denying Motion for Continuance sent out. (Motion denied) |
| Sep. 05, 1995 | (Respondent) Motion for Continuance filed. |
| Sep. 01, 1995 | Order on Emergency Motion for Protective Order sent out. |
| Sep. 01, 1995 | (Petitioner) Emergency Motion for Protective Order w/exhibits attached filed. |
| Aug. 30, 1995 | Petitioner`s Response to Demand for Subject Matter Index filed. |
| Aug. 28, 1995 | (Respondent) Notice of Taking Deposition; Demand for Subject Matter Index of Orders (120.53 Florida Statutes); Letter to Hearing Officer from E. McDonald Re: Bill (Responded on letter from Hearing Officer dated 8/22/95 filed. |
| Aug. 24, 1995 | Order Granting Petitioner`s Second Renewed Motion for Protective Order sent out. |
| Aug. 24, 1995 | Order Denying Motion for Sanctions for Failure to Produce, Motion for Ruling on Motion for Dismissal for Refusal to Obey Order, and Motion for Telephonic Hearing on Admissibility of Petitioner`s Proposed Exhibits sent out. |
| Aug. 24, 1995 | Petitioner`s Second Renewed Motion of Protective Order;Petitioner`s Supplemental Response to Respondent`s Motions Relating to Discovery Sanctions filed. |
| Aug. 22, 1995 | Petitioner`s Notice of and Response to Respondent`s Third Interrogatories Dated July 28, 1995 filed. |
| Aug. 22, 1995 | Letter to E. McDonald from AHP sent out. (RE: enclosing copy of statement received on 8/21/95 form Choice Process-Tampa, for service of subpoena) |
| Aug. 22, 1995 | (Respondent) Notice of Taking Deposition filed. |
| Aug. 21, 1995 | Subpoena Duces Tecum; Affidavit of Service; Invoice; Reply to Petitioner`s Response to Respondent`s Motions filed. |
| Aug. 16, 1995 | Order On Respondent`s Motion to Compel Response to Interrogatories sent out. (Motion Granted) |
| Aug. 16, 1995 | Order Granting Renewed Motion for Protective Order sent out. (Motion Granted) |
| Aug. 15, 1995 | (Respondent) Motion for Sanctions for Failure to Produce Motion for Ruling on Motion for Dismissal for Refusal to Obey Order Motion for Hearing on Admissibility of Petitioner`s Proposed Exhibits; Notice of Exchange of Petitioner`s Proposed Exhibits; Objec |
| Aug. 15, 1995 | Petitioner`s Response to Respondent`s Motions for Sanctions, for Ruling on Dismissal, and on Admissibility of Proposed Exhibits filed. |
| Aug. 15, 1995 | Petitioner`s Renewed Motion of Protective Order filed. |
| Aug. 10, 1995 | Motion to Compel Response to Interrogatories Within Twenty Days; Notice of Filing; Interrogatories filed. |
| Aug. 08, 1995 | (Petitioner) Notice of Filing; Letter to Edward McDonald from Ronald G. Stowers Re: Available dates for discovery depositions filed. |
| Aug. 08, 1995 | Petitioner`s Notice of Response and Petitioner`s Response to Respondent`s Request for Production filed. |
| Jul. 31, 1995 | Letter to Ronald Stowers from Edward McDonald Re: Availability for Depositions filed. |
| Jul. 27, 1995 | Order Denying Respondent`s Motion to Strike and Granting Petitioner`s Motion for Protective Order sent out. |
| Jul. 27, 1995 | Petitioner`s Motion for Protective Order and Motion for Sanctions filed. |
| Jul. 11, 1995 | Notice of Petitioner`s Response to Respondent`s Second Interrogatories to Petitioner; Respondent`s Second Interrogatories to Petitioner filed. |
| Jul. 11, 1995 | Petitioner`s Notice of Appearance and Substitution of Counsel filed. |
| Jul. 05, 1995 | (Respondent) Motion to Strike; Judgment filed. |
| Jun. 22, 1995 | Order Denying Motion to Dismiss sent out. (Motion denied) |
| Jun. 20, 1995 | Order Granting Permission to Withdraw sent out. (Motion Granted) |
| Jun. 16, 1995 | (Petitioner) Motion to Withdraw filed. |
| May 25, 1995 | Order Granting Continuance sent out. (hearing rescheduled for 9/14/95; 9:00am; Bartow) |
| May 24, 1995 | (Respondent) Motion for Dismissal Re 231.28(2) Florida Statutes filed. |
| May 23, 1995 | (Respondent) Memorandum in Support of Motion for Dismissal Re 231.28 Florida Statutes filed. |
| May 22, 1995 | Order sent out. (Respondent third motion for recusal is granted) |
| May 22, 1995 | (Respondent) Motion for Dismissal for Refusal to Obey Order filed. |
| May 19, 1995 | (Respondent) Third Motion for Recusal filed. |
| May 18, 1995 | (Petitioner) Notice of Filing Answers to Respondent`s Interrogatories; Petitioner`s Answers to Respondent`s Interrogatories filed. |
| May 11, 1995 | (Petitioner) Response to Respondent`s Second Motion for Recusal filed. |
| May 10, 1995 | Order sent out. (Petitioner shall no later than 5/21/95, furnish Respondent with Answers to Interrogatories 1 through 16 propounded to Petitioner on 7/15/94 by Respondent) |
| May 10, 1995 | Order Denying Second Motion for Recusal sent out. (Motion denied) |
| May 08, 1995 | (Respondent) Second Motion for Recusal; Motion for Dismissal filed. |
| May 01, 1995 | (Respondent) Response to Order of Hearing Officer (attached to order from Hearing Officer dated 4/27/95) filed. |
| Apr. 27, 1995 | Order sent out. (Respondent shall furnish a copy of the Interrogatories referenced in the Motion but no later than 5/15/95) |
| Apr. 25, 1995 | Letter to E. McDonald from M. Lockard (& returned check for $15.00; request for $7.01 for copying services rendered) sent out. |
| Apr. 24, 1995 | Order Revalidating Subpoenas Previously Issued sent out. |
| Apr. 24, 1995 | Order Denying Motion for Dismissal sent out. (Motion denied) |
| Apr. 24, 1995 | Notice of Hearing sent out. (hearing set for 5/26/95; 9:00am; Bartow) |
| Apr. 24, 1995 | Letter to DOAH Clerk from E. McDonald (re: request for certified copies of pleadings; Ck# 2340 enclosed) filed. |
| Apr. 18, 1995 | Notice of Filing Petitioner`s Returns of Service; (7) Notice of Service filed. |
| Apr. 07, 1995 | Objection to/Motion to continue subpoenas in force objection to continue subpoenas in force (Petitioner) filed. |
| Apr. 06, 1995 | Motion to Continue subpoenas in force (Petitioner) filed. |
| Apr. 04, 1995 | Letter to E. McDonald from Ann Cole sent out. (RE: enclosing copies of exhibits filed 3/28/95) |
| Apr. 04, 1995 | (Petitioner) Objection to Continue Subpoenas in Force filed. |
| Mar. 31, 1995 | Order of Continuance sent out. (Rescheduling of the Final Hearing shall be considered at the Telephonic Hearing) |
| Mar. 31, 1995 | Notice of Telephonic Hearing sent out. (telephonic final hearing set for 4/14/95; 9:00am) |
| Mar. 31, 1995 | Order Denying Motion for Recusal sent out. (Motion denied) |
| Mar. 30, 1995 | (Respondent) Objections to Petitioner`s Exhibits; Motion for Dismissal filed. |
| Mar. 28, 1995 | Petitioner`s Prehearing Statement filed. |
| Mar. 28, 1995 | Notice of Exchange of Respondent`s Proposed Exhibits; (Respondent) Motion for Recusal; Cover Letter; (Respondent) Motion for Continuance Pending Judicial Reviews; (Respondent) Second Motion to Compel Compliance With Discovery Rule 60Q-2.019 filed. |
| Mar. 27, 1995 | (Respondent) Motion for Recusal filed. |
| Mar. 27, 1995 | Notice of Exchange of Respondent`s Proposed Exhibits; Petitioner`s First Request for Admissions by Respondent (w/att`s) filed. |
| Mar. 23, 1995 | Summons; Petition for Subpoena and Order Enforcement; (2) Subpoena Duces Tecum filed. |
| Mar. 22, 1995 | Order Denying Motion to Compel Compliance With Discovery Rule 60Q-2.019 F.A.C. sent out. (Motion denied) |
| Mar. 20, 1995 | (Respondent) Motion to Compel Compliance with Discovery Rule 60Q-2.019 F.A.C.; Objection to Discovery Objection to Motion for Continuance filed. |
| Mar. 17, 1995 | (Petitioner) Notice of Appearance as Substitute Counsel; Notice of Exchange of Petitioner`s Proposed Exhibits filed. |
| Mar. 17, 1995 | (Respondent) Motion for Continuance; (Respondent) Notice of Taking Deposition filed. |
| Mar. 10, 1995 | Letter to Edward McDonald from Karen B. Wilde (cc: Hearing Officer) Re: Sending a copy of the record in its entirety filed. |
| Mar. 10, 1995 | Letter to Hearing Officer from Donald H. Wilson, Jr. (cc: Hearing Officer) Re: Request for documents that have been previously supplied filed. |
| Mar. 01, 1995 | Notice of subpoena for Production filed. |
| Jan. 24, 1995 | (Respondent) Notice of Taking Deposition filed. |
| Jan. 17, 1995 | Petitioner`s Response to Respondent`s Second Request for Admissions by Petitioner filed. |
| Jan. 13, 1995 | Amended Notice of Hearing (as to location only) sent out. (hearing set for 4/4/95; 9:00am; Bartow) |
| Dec. 21, 1994 | (Respondent) Notice of Taking Deposition** filed. |
| Dec. 13, 1994 | Order sent out. (ruling on motions) |
| Dec. 12, 1994 | (Respondent) Notice of Taking Deposition filed. |
| Dec. 05, 1994 | (Respondent) Motion to Strike Response filed. |
| Nov. 30, 1994 | (Petitioner) Response to Motion for Explanation of Ruling Denying Motion to Strike and Dismiss filed. |
| Nov. 28, 1994 | Motion for Protective Order; Notice of Taking Deposition; Subpoena Duces Tecum filed. |
| Nov. 23, 1994 | (Respondent) Subpoena Duces Tecum filed. |
| Nov. 23, 1994 | (Respondent) Motion for Explanation of Ruling Denying Motion to Strike and Dismiss; Notice of Taking Deposition filed. |
| Nov. 18, 1994 | Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 4/4/95; 9:00am; Bartow) |
| Nov. 18, 1994 | Fourth Order Establishing Prehearing Order sent out. |
| Nov. 17, 1994 | (Respondent) Notice of Taking Deposition filed. |
| Nov. 17, 1994 | (Respondent) Motion for Continuance filed. |
| Nov. 15, 1994 | Order sent out. (Respondent`s Motion to Strike & Dismiss is denied) |
| Nov. 14, 1994 | (Respondent) Motion for Expedited Ruling On Second Motion to Strike and Dismiss filed. |
| Oct. 24, 1994 | Amended Notice of Hearing sent out. (hearing set for 12/09/94;9:00AM;Bartow) |
| Oct. 24, 1994 | Second Motion to Strike and Dismiss (Petitioners) filed. |
| Oct. 13, 1994 | Third Order Establishing Prehearing Procedure sent out. (Stips no later than 12/02/94) |
| Oct. 12, 1994 | (Respondent) Notice of Available Dates filed. |
| Oct. 11, 1994 | Notice of Hearing sent out. (hearing set for 12/9/94; at 9:00am; in Bartow) |
| Oct. 03, 1994 | (Petitioner) Notice of Available Dates filed. |
| Sep. 26, 1994 | Order of Continuance and Status Report sent out. (hearing date to be rescheduled at a later date; parties to file status report by 10/11/94) |
| Sep. 23, 1994 | Respondent`s Demand to Inspect, Examine and Duplicate Records filed. |
| Sep. 23, 1994 | Petitioner`s Witness List and Exhibit List filed. |
| Sep. 20, 1994 | (Respondent) Motion for Continuance filed. |
| Sep. 20, 1994 | (Respondent) Motion for Continuance filed. |
| Sep. 19, 1994 | Order Granting Motion for Limited Protective Order sent out. (Motion Granted) |
| Sep. 16, 1994 | (Respondent) Notice of Taking Deposition filed. |
| Sep. 15, 1994 | (Respondent) Response to Motion for Limited Protective Order (w/3 att`s) filed. |
| Sep. 13, 1994 | Order Denying Motion to Compel and for Prehearing Conference sent out. (motion denied) |
| Sep. 12, 1994 | (Respondent) Notice of Taking Deposition filed. |
| Sep. 07, 1994 | (Respondent) Motion for Prehearing Conference and to Compel Response to Interrogatories filed. |
| Sep. 07, 1994 | Motion for Limited Protective Order filed. |
| Sep. 06, 1994 | (Respondent) Notice of Taking Deposition filed. |
| Aug. 25, 1994 | (Petitioner) Notice of Filing Answers to Respondent`s First Interrogatories to Petitioner filed. |
| Jul. 25, 1994 | Notice of Hearing sent out. (hearing set for 9/29/94; 9:30am; Bartow) |
| Jul. 20, 1994 | (Respondent) Notice of Propounding Interrogatories filed. |
| Jul. 14, 1994 | (Respondent) Notice of Serving Responses to Interrogatories and Request for Admissions filed. |
| Jul. 14, 1994 | (Petitioner) Response to Motion to Stay Discovery Pending Ruling on Fifth Amendment Protection filed. |
| Jul. 11, 1994 | (Respondent) Motion to Stay Discovery Pending Ruling on Fifth Amendment Protection filed. |
| Jul. 06, 1994 | Order Denying Motion to Prohibit Admission of Plea Agreement sent out. (motion denied) |
| Jun. 28, 1994 | (Petitioner) Response to Order On Pending Motions and Cancelling Hearing filed. |
| Jun. 22, 1994 | (Respondent) Motion to Permit to Invoke Fifth Amendment; CC: Letter to R. Boyd from E. McDonald (RE: available dates for hearing) filed. |
| Jun. 10, 1994 | (Respondent) Motion to Prohibit Admission of Plea Agreement filed. |
| Jun. 09, 1994 | (Respondent) Motion for Expedited Ruling On Motion for Continuance filed. |
| Jun. 08, 1994 | Order on Pending Motions and Cancelling Hearing sent out. (Parties to respond within 150 days) |
| Jun. 08, 1994 | Second Order Establishing Prehearing Procedure sent out. |
| Jun. 07, 1994 | (Petitioner) Response to Motions filed. |
| Jun. 07, 1994 | (Respondent) Motion to Strike and Dismiss filed. |
| Jun. 06, 1994 | (Respondent) Motion for Correct Names and Addresses of Witnesses and Demand for Identification of Heresay Witnesses filed. |
| Jun. 06, 1994 | (Respondent) Motion for Continuance and Modification of Order Establishing Prehearing Procedure; Motion for Sanctions for Failure to Respond to Subpoena w/Notice of Taking Deposition & Final Notice of Taking Deposition +attached subpoena duces tecum; Stat |
| Jun. 02, 1994 | Objection to Unilateral Prehearing Stipulation By Petitioner filed. |
| May 31, 1994 | CC: Letter to E. McDonald from R. Boyd (RE: procedures for setting depositions) filed. |
| May 31, 1994 | (Petitioner) Unilateral Pretrial Statement filed. |
| May 27, 1994 | (Respondent) Motion for Continuance and Modification of Order Establishing Prehearing Procedure filed. |
| May 18, 1994 | (Respondent) Notice of Taking Deposition; CC Certificate of Nonappearance filed. |
| May 16, 1994 | Motion for Sanctions for Failure to Respond to Subpoena w/Notice of Taking Deposition & Subpoena Duces Tecum filed. |
| May 12, 1994 | (Respondent) Final Notice of Taking Deposition w/Subpoena Duces Tecum& Return of Service filed. |
| May 10, 1994 | (Petitioner) Emergency Motion to Quash Subpoena Duces Tecum Deposition and Motion to Strike Notice of Deposition filed. |
| May 04, 1994 | Order Establishing Prehearing Procedure sent out. (joint prehearing stipulation no later than 12 days prior to the hearing) |
| May 02, 1994 | Notice of Taking Deposition (from E. McDonald) filed. |
| Apr. 06, 1994 | (Respondent) Objections to Petitioner`s First Interrogatories to Respondent Objections to Request for Admissions w/Request for Production filed. |
| Mar. 29, 1994 | (Petitioner) Request for Production; Notice of Propounding Petitioner`s Petitioner`s First Interrogatories to Respondent; Petitioner`s First Request for Admissions by Respondent filed. |
| Mar. 28, 1994 | Order on Pending Motions sent out. |
| Mar. 25, 1994 | (Respondent) Motion for Expedited Ruling(s) on Demand for More Definite Statement and Consolidation; Motion in Re Venue, Hearing Dates and Demand for More Definite Statement filed. |
| Mar. 07, 1994 | Notice of Hearing sent out. (hearing set for 6/15/94; at 10:00am; in Bartow) |
| Mar. 02, 1994 | ((Respondent) Motion in Re Venue, Hearing Dates and Demand for More Definite Statement filed. |
| Feb. 22, 1994 | (Petitioner) Motion in Re Venue, Hearing Dates and Demand for More Definite Statement filed. |
| Feb. 17, 1994 | (Petitioner) Response to Initial Order filed. |
| Feb. 08, 1994 | Initial Order issued. |
| Feb. 01, 1994 | Agency referral letter; Administrative Complaint; Election of Rights;Agency Action letter filed. |
| Issue Date | Document | Summary |
|---|---|---|
| May 10, 1996 | Agency Final Order | |
| Dec. 27, 1995 | Recommended Order | School teacher who fondled, attempted to kiss minor female student, gave her money and clothes is guilty of misconduct. Recommend revocation. |
