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ROBERT A. HUBER vs FRANK BROGAN, AS COMMISSIONER OF EDUCATION, 95-001439 (1995)

Court: Division of Administrative Hearings, Florida Number: 95-001439 Visitors: 13
Petitioner: ROBERT A. HUBER
Respondent: FRANK BROGAN, AS COMMISSIONER OF EDUCATION
Judges: ROBERT E. MEALE
Agency: Department of Education
Locations: Port Charlotte, Florida
Filed: Mar. 24, 1995
Status: Closed
Recommended Order on Friday, November 3, 1995.

Latest Update: Apr. 16, 1996
Summary: The issue in this case is whether Petitioner is entitled to a Florida teaching certificate.Former teacher not entitled to certificate because Department Of Education proved by clear and convincing evidence his sexual improprieties with students.
95-1439

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ROBERT A. HUBER, )

)

Petitioner, )

)

vs. ) CASE NO. 95-1439

)

FRANK T. BROGAN, )

)

Respondent. )

)


RECOMMENDED ORDER


Final hearing in the above-styled case was held in Port Charlotte, Florida, on September 13 and 14, 1995, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.


APPEARANCES


For Petitioner: Attorney Mark Herdman

34650 US 19 North, Suite 308 Palm Harbor, Florida 34684


For Respondent: Attorney Bruce P. Taylor

501 1st Ave. North, Suite 600 St. Petersburg, Florida 33701


STATEMENT OF THE ISSUE


The issue in this case is whether Petitioner is entitled to a Florida teaching certificate.


PRELIMINARY STATEMENT


By letter dated February 23, 1995, Respondent advised Petitioner that his application for a Florida teaching certificate was denied. Petitioner demanded a formal hearing.


At the hearing, Petitioner called 13 witnesses and offered into evidence three exhibits. Respondent called seven witnesses and offered into evidence three exhibits. All exhibits were

admitted.


No transcript was ordered. Rulings on timely filed proposed recommended orders are in the appendix.

FINDINGS OF FACT


  1. By letter dated February 23, 1995, Respondent informed Petitioner that his application for a Florida teaching certificate was denied for the reasons set forth in the accompanying Notice of Reasons, which is also dated February 23.


  2. The Notice of Reasons states that from 1971 through 1974 Petitioner engaged in inappropriate sexual conduct with a female student at a high school in Michigan while he was employed as a teacher at the school. The Notice of Reasons states that from 1985 through 1987 Petitioner engaged in inappropriate sexual conduct with four or more female students at Lemon Bay High School in Charlotte County while he was employed as the girls' basketball coach at the school.


  3. The Notice of Reasons alleges that Petitioner violated Sections 231.17(1)(e), which requires good moral character, and that 231.17(5)(a) requires Respondent to deny the application if the applicant has committed acts that are grounds for revocation of a teaching certificate. Other allegations in the Notice of Reasons include that Petitioner violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education Rules, the penalty for which is revocation. The Notice of Reasons alleges that Petitioner violated Rule 6B-1.006(3)(a), which requires a teacher to make reasonable effort to protect a student from conditions harmful to learning or to the student's safety or mental or physical health; Rule 6B- 1.006(3)(e), which prohibits a teacher from intentionally exposing a student to unnecessary embarrassment or disparagement; Rule 6B-1.006(3)(g), which prohibits a teacher from harassing or discriminating against any student on the basis of sex; and Rule 6B-1.006(3)(h), which prohibits a teacher from exploiting a relationship with a student for personal gain or advantage.


  4. Petitioner taught and coached in high school in Michigan over 10 years prior to moving to Florida in 1983. Petitioner was high school coach of the year for the 1979-80 school year.


  5. In the winter of 1969-70, Petitioner and his wife hired as a babysitter a female student at the high school where Petitioner taught. The student was a freshman, and she developed a close relationship with the Hubers. Eventually, the student accompanied the Hubers on out-of-town trips where she could watch her brothers play road games for their high school teams. The student even accompanied the Hubers on their family vacations.


  6. In the winter of 1970-71, the relationship between the student and Petitioner changed. At first, Petitioner asked her to walk on his back to relieve muscular tension, and she did so. Then, Petitioner asked the student to rub his back, and she did so. At some point, Petitioner began to fondle her vaginal area with his fingers while the student rubbed his back.


  7. The fondling was repeated several times. On one occasion, the student accompanied the Hubers down to Florida on a visit to Mrs. Huber's family. While the student was sleeping on a screened-in porch, with other family members nearby, Petitioner fondled the student's breasts and genitalia.


  8. On another trip to Long Island, New York, Petitioner began to fondle the student, who was in the front seat, even though Petitioner's brother was in the back seat of the car with them.

  9. On another trip to Florida in late summer or early fall 1972, Petitioner and the student drove back to Michigan by themselves. The student had previously massaged Petitioner's penis through his pants, but, during this trip, Petitioner removed his penis from his pants, and she massaged the penis directly.


  10. After moving to Florida in 1983, Petitioner was employed as a teacher and coach at Lemon Bay High School in Charlotte County from 1983-87. He held a Florida teaching certificate during that time, but he allowed it to expire in 1989, after he resigned from his teaching position in 1987.


  11. Although Petitioner did not seek the assignment, the high school principal assigned him the responsibility of serving as the girls' varsity basketball coach at Lemon Bay High School in 1984. At the time, Petitioner also taught health and served as the athletic director of the school. Petitioner asked for help, and the principal assigned the assistant principal, Dan Jeffers as an assistant coach.


  12. During the summer of 1986, Alice H. B., a rising sophomore, moved into the Lemon Bay High School zone. Interested in playing basketball, she began attending workouts on Sunday nights. Petitioner also attended these workouts.


  13. Petitioner drove Alice home after practice a couple of times. One night, after dropping off two other girls, Petitioner asked Alice to lay down across the front seat and rest her head on his lap. After Alice did so, Petitioner asked her if she wanted a massage, and she said she did. After rubbing her neck, shoulders, and full length of her back, Petitioner began to rub her face, cheeks, and lips. He tried to stick his fingers in her mouth, but Alice would not let him.


  14. During the summer of 1986, Petitioner also drove home Kristine E. R. after the Sunday night basketball workouts. Also a rising tenth grader at Lemon Bay High School, Kristine three times rested her head on Petitioner's lap while he was driving her home.


  15. On other occasions, Petitioner held Kristine's hand while they drove home. Twice when he would drop her off, he asked where was his kiss, presenting his cheek for a kiss. When Kristine went to kiss his cheek, he quickly turned his head so that she kissed him on his lips.


  16. Several times, while Kristine rested her head on Petitioner's lap, he stroked her hair, rubbed her neck, placed his fingers in her mouth, and then rubbed her breasts.


  17. One day during the summer of 1986, Petitioner drove Kristine, at her request, to a sporting goods store. On the way back, he drove the car in the opposite direction from home. He drove to a secluded location and began rubbing her breasts inside her shirt. He placed her hand on his penis, outside of his pants. He began to unzip her jeans, but Kristine began crying. Petitioner ceased his advances at this time and instructed Kristine to remain quiet about the incident. He said it would destroy his family and job and ruin her life. This was the last time that Petitioner inappropriately touched Kristine.


  18. At the start of basketball season in the fall of 1986, Petitioner drove Kristine, Kelly H., who was then in tenth grade, and a third girl to a basketball game in Tampa to watch a recent graduate play her first college game. After the game, Petitioner drove the girls back home with the third girl in the

    front seat and Kelly and Kristine in the back seat. During the trip, Petitioner reached into the back seat and massaged Kelly's bare leg for a long time.


  19. After dropping off the third girl, Kelly moved into the front seat at Petitioner's urging. Petitioner pulled her head into his lap and massaged her neck and arm. He placed his fingers into her mouth and sucked on her fingers. When the vehicle went over a bump, Kelly jumped up and asked where were they. Petitioner said they were almost home and tried to pull her head back down, but Kelly resisted successfully, saying she was not tired.


  20. Kelly was spending the night at Kristine's house. After Petitioner left them at the house, Kelly began crying and told Kristine what had happened. Without supplying specifics, Kristine said that he had done worse to her and began crying herself. They decided not to tell anyone because Petitioner was powerful, and they did not feel that anyone would believe them.


  21. Shannon T. was also in the same class as Alice, Kelly, and Kristine at Lemon Bay High School. Unlike the other girls, however, Shannon did not play basketball. She was the president of the junior and senior classes and played volleyball with Alice. She knew Kristine since kindergarten, but was not as close a friend with either Kristine or Kelly as she was with Alice.


  22. Sometime prior to the summer of 1987, Shannon received a call from Petitioner asking her to help out at a high school fundraiser in Punta Gorda. Shannon agreed to do so, and Petitioner drove her there.


  23. Once there, the organizers determined that they did not need Shannon, so Petitioner drove her back home. On the way, she rested her head on the jacket on the front passenger door. She was tired because she had just returned to town from volleyball camp.


  24. After Petitioner twice suggested that she rest her head on the bench seat, Shannon did so. Petitioner began to rub her hair and then her head for a couple of minutes. Shannon assumed that he was trying to relax her. Petitioner then began rubbing her right cheek and her shoulders. He then placed his finger in her mouth, at which point Shannon sat up and remained seated until they got to her home.


  25. The summer of 1987, Petitioner and Mr. Jeffers each drove a number of the girls to Gainesville for basketball camp. A recent graduate of Lemon Bay High School was attending University of Florida and playing varsity basketball. She was a counsellor at the camp.


  26. The second evening at the camp, some of the girls found Petitioner and the recent graduate in a dorm room and inferred that they were involved in an intimate relationship. The girls, including Kristine, Alice, and Kelly, went to one of their rooms and began talking. At that time, Kristine, Alice, and Kelly revealed what Petitioner had done to them.


  27. The girls were confused and angry. Kristine quit working at camp. When Petitioner pressed her to work or sit on the bench, she abruptly quit the team. Alice also declined to play basketball during her junior and senior years.


  28. The girls discussed their concerns with Mr. Jeffers. When they returned home after camp, Kristine repeated her assertions to school officials. Later, Alice, Kelly, and Shannon added their assertions.

  29. Denying the allegations, Petitioner nonetheless resigned rather than subject his family to the publicity and cost of a hearing. At the time, unlike at present, Petitioner was not a member of the teachers' union and could not afford to hire an attorney on his own.


  30. The student in Michigan never informed anyone of her sexual activity with Petitioner except for a close friend whom she told in 1985 and a therapist. Now a nursing administrator at a 320-bed hospital in Colorado, the former student learned in September 1994 about the allegations concerning Petitioner in Florida from a friend back home in Michigan. The student reported her experiences with Petitioner to local and state school officials in Florida at that time.


  31. Petitioner commenced several years of nonschool employment, first at a sporting goods store, then self-employed selling sporting goods, and finally at a community center, during which time he sold T-shirts on the side. For the fall of 1994, the Charlotte County School District reemployed Petitioner as a teacher in the exceptional student education program. However, after about a month, the district terminated his employment when the allegations resurfaced.


  32. Petitioner claims that the tenth grade girls conspired against him. He believes that Kristine was angry over his reaction to a silly prank that backfired on the girls on their trip to Gainesville for camp. He believes that Kristine was also jealous of Petitioner's relationships with the former student who was a counsellor and with older members of the basketball team. He believes that Kelly and Alice lied to support their friend.


  33. There were poor relations between the tenth grade girls and some of the older girls on the team, who remain to this day certain that Petitioner did nothing improper. There were also poor relations between the tenth grade girls and the recent

    graduate who served as a camp counsellor.


  34. But there is no indication that Shannon or the Michigan student were upset with Petitioner or loyal to Kristine. Petitioner claims that Shannon was on the basketball team her freshman year, but she was not. Petitioner claims that the Michigan student had a drug problem in high school. Given her present occupation, she knew that she would be subjecting herself to potential embarrassment if she told her story, and she demonstrated courage in doing so. There is no suggestion in the record that drug use influenced her testimony, nor is there any suggestion why she would make up such allegations against Petitioner. Petitioner never could explain why Shannon or the Michigan student would lie about him.


  35. Alice, Kelly, and Shannon were entirely credible witnesses. (The Michigan student testified by deposition.) Alice testified that she did not recount her experience with Petitioner that evening in the dorm room in Gainesville, but others recalled that she did. This discrepancy is minor and attributable to the eight years that have passed since the basketball camp. Kristine was also believable. She was vague or even contradictory as to some relatively minor details, but there were more details for her to recall and she was clear as to the main points.

    CONCLUSIONS OF LAW


  36. The Division of Administrative Hearings has jurisdiction over the subject matter. Section 120.57(1), Florida Statutes. (All references to Sections are to Florida Statutes.)


  37. Section 231.17(1)(e) requires that an applicant be of "good moral character."


  38. Section 231.17(5)(a) authorizes Respondent to deny a Florida teaching certificate if Petitioner has committed an act for which his certificate could be revoked.


  39. Section 231.28(1)(c) authorizes revocation of a teaching certificate if the holder is guilty of "gross immorality" or "moral turpitude." Rule 6B- 4.009(2) provides:


    "Immorality" is defined as conduct that is incon- sistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace

    or disrespect and impair the individual's service in the community.


  40. Section 231.28(1)(i) authorizes the revocation of a teaching certificate if the holder violates the rules of the State Board of Education.


  41. The rules include the Principles of Professional Conduct for the Education Profession in Florida (Principles). One Principle requires that teachers:


    Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety[.]


    Rule 6B-1.006(3)(a).


  42. Other Principles prohibit a teacher form "intentionally expos[ing] a student to unnecessary embarrassment or disparagement," "harass[ing] or discriminat[ing] against any student on the basis of . . . sex . . .," and "exploit[ing] a

    relationship with a student for personal gain or advantage." Rule 6B- 1.006(3)(e), (g), and (h).


  43. Petitioner has the burden or proving by a preponderance of the evidence that he is entitled to a Florida teaching certificate. Department of Transportation v. J. W. C. Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981). Respondent has the burden of proving affirmative grounds for the denial of the certificate. Osborne Stern and Company, Inc. v. Department of Banking and Finance, 647 So. 2d 245 (Fla. 4th DCA 1994) (per curiam) (majority holds that standard of proof is clear and convincing evidence; dissent argues that standard of proof is preponderance of the evidence).

  44. Respondent has met its burden of proving by clear and convincing evidence that Petitioner lacks the requisite moral character for a teaching certificate and has violated the above- cited rules while employed as a teacher.


RECOMMENDATION


It is


RECOMMENDED that the Education Practices Commission enter a final order denying Petitioner's application for a Florida teaching certificate.


ENTERED on November 3, 1995, in Tallahassee, Florida.



ROBERT E. MEALE, 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 on November 3, 1995.


APPENDIX


Rulings on Petitioner's Proposed Findings


1-4: adopted or adopted in substance. 5: rejected as recitation of evidence.

6: adopted or adopted in substance except that Shannon was only a volleyball teammate and only of Alice.

7: adopted or adopted in substance.

8: rejected as unsupported by the appropriate weight of the evidence. 9-19: rejected as subordinate and recitation of testimony.

20-21: adopted or adopted in substance.

22-27: rejected as subordinate and recitation of testimony. 28-29: adopted or adopted in substance.

30-32: rejected as subordinate and recitation of testimony. 33: adopted or adopted in substance.

34: rejected as subordinate and recitation of testimony.

35: adopted or adopted in substance, although she was good friends with only one of the girls.

36-37: rejected as unsupported by the appropriate weight of the evidence. 38: adopted or adopted in substance.

39: rejected as unsupported by the appropriate weight of the evidence. 40: rejected as subordinate.

41: adopted or adopted in substance except for last sentence. 42-43: rejected as subordinate and recitation of testimony.


Rulings on Respondent's Proposed Findings


1-13: adopted or adopted in substance. 14: rejected as recitation of evidence.

15-18: rejected as subordinate.

19-20: adopted or adopted in substance. 21: rejected as speculative.

22-23: rejected as subordinate.

24-30: adopted or adopted in substance. 31-35: rejected as subordinate.

36: rejected as irrelevant and subordinate. 37: adopted or adopted in substance.

38-39: rejected as subordinate.

40: adopted or adopted in substance. 41: rejected as subordinate.

42: rejected as unsupported by the appropriate weight of the evidence as to the year.

43-42 (second): adopted or adopted in substance.

  1. (second): rejected as unnecessary. 44: adopted or adopted in substance. 45: rejected as irrelevant.

  2. (second): adopted or adopted in substance.

  3. (second)-46: rejected as subordinate. 47-48: adopted or adopted in substance. 49: rejected as irrelevant.

50: adopted or adopted in substance.

51-54: rejected as recitation of evidence and subordinate. 55-56: adopted or adopted in substance.

57: rejected as subordinate.

58-64: adopted or adopted in substance. 65: rejected as subordinate.

66: rejected as unsupported by the appropriate weight of the evidence. 67-68: rejected as subordinate.

69-74: adopted or adopted in substance.

74 (second): rejected as unsupported by the appropriate weight of the evidence.

75-76: adopted or adopted in substance. 77-81: rejected as subordinate.


COPIES FURNISHED:


Karen Barr Wilde, Executive Director Education Practices Commission

301 Fla. Education Center

325 W. Gaines St. Tallahassee, FL 32399-0400


Kathleen M. Richards, Administrator Professional Practices Services

352 Fla. Education Center

325 W. Gaines St. Tallahassee, FL 32399-0400


Barbara J. Staros, General Counsel Department of Education

The Capitol, PL-08 Tallahassee, FL 32399-0400

Attorney Mark Herdman

34650 US 19 North, Suite 308 Palm Harbor, FL 34684


Attorney Bruce P. Taylor

501 1st Ave. North, Suite 600 St. Petersburg, FL 33701


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 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.


================================================================= AGENCY FINAL ORDER

=================================================================


BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA


ROBERT HUBER,


Petitioner,


vs.

EPC CASE NO. 95-014-D

FRANK BROGAN, as DOAH CASE NO. 95-1439

Commissioner of Education, EPC INDEX NO. 96-009-FOF


Respondent.

/


Order of Remand to Hearing Officer


Petitioner, ROBERT HUBER applied for a Florida educator's certificate and that application was denied. Respondent's predecessor in office filed a Notice of Reasons stating the reasons for denial of the certificate.


Petitioner 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 November 3, 1995, was forwarded to the Commission pursuant to Section 120.57(1), F.S. (Copy attached to and made a part or this Order.)


A panel of the Education Practices Commission (EPC) met on January 18, 1996, 1995, in Tampa, Florida, to take final agency action. Petitioner was

represented by Mark Herdman, Attorney at Law. Respondent was represented by Bruce P. Taylor, Attorney at Law. The panel reviewed the entire record in this case.


Petitioner filed exceptions to the Recommended Order.


The panel considered each exception individually and voted to deny each

one.


The panel voted to adopt the Hearing Officer's Findings of Fact and

Conclusions of Law as those of the panel.


Upon consideration of the Hearing Officer's recommendation "that the Education Practices Commission enter a final order denying Petitioner's application for a Florida teaching certificate", the panel could not agree as to what limitation, if any, the Hearing Officer recommended be placed on Petitioner's ability to submit a new application.


Therefore, this matter is ordered remanded to the Hearing Officer in order that he may state the duration of his recommended denial of application.


DONE AND ORDERED, this 6th day of February, 1996.



Diane Porter, Presiding Officer



COPIES FURNISHED TO:


Bruce P. Taylor Mark Herdman


=================================================================

ORDER OF CLARIFICATION

=================================================================


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ROBERT HUBER, )

)

Petitioner, )

)

vs. ) CASE NO. 95-1439

)

FRANK BROGAN, as Commissioner ) of Education, )

)

Respondent. )

)

ORDER OF CLARIFICATION


By Order of Remand to Hearing Officer entered February 6, 1996, the Education Practices Commission remanded the case to the hearing officer to state the duration of his recommended denial of application."


It is


RECOMMENDED that the Education Practices Commission enter a final order denying Petitioner's application for a Florida teaching certificate without prejudice to the refiling of an application at anytime.


ENTERED on February 14th, 1996, in Tallahassee, Florida.



ROBERT E. MEALE, 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 14th day of February, 1996.


COPIES FURNISHED:


Karen Barr Wilde, Executive Director Education Practices Commission

301 Fla. Education Center

325 W. Gaines St.

Tallahassee, Florida 32399-0400


Kathleen M. Richards, Administrator Professional Practices Services

352 Fla. Education Center

325 W. Gaines St.

Tallahassee, Florida 32399-0400


Attorney Mark Herdman

34650 US 19 North, Suite 308 Palm Harbor, Florida 34684 Attorney Bruce P. Taylor

501 1st Ave. North, Suite 600 St. Petersburg, Florida 33701


Docket for Case No: 95-001439
Issue Date Proceedings
Apr. 16, 1996 Final Order filed.
Feb. 14, 1996 Order of Clarification sent out.
Feb. 12, 1996 (Petitioner) Order of Remand to Hearing Officer; Cover Letter filed.
Nov. 03, 1995 Recommended Order sent out. CASE CLOSED. Hearing held Sept 13-14, 1995.
Nov. 02, 1995 Petitioner`s Proposed Findings of Fact, Conclusions of Law filed.
Nov. 02, 1995 Respondent`s Proposed Recommended Order filed.
Oct. 16, 1995 Letter to HEARING OFFICER from Bruce P. Taylor Re: Transcripts and date for filing proposed recommended orders filed.
Oct. 13, 1995 Voulme I & II Transcript filed.
Sep. 18, 1995 Affidavit filed. (from R. Stowers)
Sep. 13, 1995 CASE STATUS: Hearing Held.
Sep. 11, 1995 Petitioner`s Motion to Exclude Witnesses; Petitioner`s Witness List filed.
Sep. 11, 1995 (Joint) Pre-Hearing Stipulation; Petitioner`s Witness List filed.
Sep. 11, 1995 (Bruce Taylor) Response to Motion to Exclude Witnesses; Letter to M. Herdman from B. Taylor Re: Available to depose Kelly Hammond filed.
Sep. 08, 1995 Respondent`s Witness List and Exhibit List filed.
Sep. 05, 1995 Order sent out. (motion for deposition after discovery cutoff is granted)
Sep. 05, 1995 Petitioner`s Objection to Respondent`s Motion for Deposition After Discovery Cutoff w/cover letter filed.
Sep. 05, 1995 (Petitioner) Notice of Taking Deposition filed.
Sep. 05, 1995 (Respondent) Third Notice of Address Correction filed.
Sep. 05, 1995 Petitioner`s Objection to Respondent`s Motion for Deposition After Discovery Cutoff filed.
Sep. 01, 1995 (Respondent) Notice of Address Correction; Second Notice of Address Correction; Affidavit; Notice of Limited Appearance filed.
Aug. 30, 1995 (Respondent) Motion for Deposition After Cutoff And for Appearance By Counsel From Another State; (2) Notice of Taking Deposition (from Bruce Taylor) filed.
Aug. 23, 1995 (Respondent) Notice of Taking Deposition filed.
Aug. 18, 1995 (Petitioner) Notice of Taking Deposition filed.
Aug. 16, 1995 (Respondent) Notice of Appearance; Letter to HEARING OFFICER from Bruce P. Taylor Re: Notice of Appearance and request for subpoenas ad testificandum filed.
Aug. 09, 1995 Prehearing Order sent out.
Jul. 28, 1995 Order Denying Continuance sent out.
Jul. 25, 1995 Respondent`s Motion to Continue Hearing filed.
Jul. 24, 1995 Letter to REM from M. Herdman (RE: Request for Subpoenas) filed.
Jul. 11, 1995 Respondent`s Notice of Response to Petitioner`s Request to Produce; Respondent`s Response to Petitioners First Interrogatories; Respondent`s Notice of Response to Petitioners First Interrogatories; Respondent`s Notice of Appearance and Substitution of Cou
Jun. 28, 1995 Order Granting Withdrawal sent out.
Jun. 16, 1995 (J. David Holder) Motion to Withdraw filed.
Jun. 13, 1995 Order Granting Continuance sent out. (hearing rescheduled for Sept. 13-14, 1995; 10:00am; Port Charlotte)
Jun. 08, 1995 (Petitioner) Notice of Service of Interrogatories; Interrogatories; Request for Production of Documents w/cover letter filed.
Jun. 02, 1995 (Petitioner) Motion for Continuance; Cover Letter filed.
May 16, 1995 Notice of Hearing sent out. (hearing set for August 2-3, 1995; 9:00am; Punta Gorda)
Apr. 21, 1995 (J. David Holder) Response to Initial Order filed.
Apr. 10, 1995 (J. David Holder) Response to Initial Order (Unsigned) filed.
Mar. 30, 1995 Initial Order issued.
Mar. 24, 1995 Agency referral letter; Agency Action Letter; Notice of Reasons; Election of Rights filed.

Orders for Case No: 95-001439
Issue Date Document Summary
Apr. 10, 1996 Agency Final Order
Feb. 06, 1996 Remanded from the Agency
Nov. 03, 1995 Recommended Order Former teacher not entitled to certificate because Department Of Education proved by clear and convincing evidence his sexual improprieties with students.
Source:  Florida - Division of Administrative Hearings

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