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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs JOHN H. PEDONTI, JR., 01-001186PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001186PL Visitors: 28
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: JOHN H. PEDONTI, JR.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Tampa, Florida
Filed: Mar. 28, 2001
Status: Closed
Recommended Order on Thursday, July 12, 2001.

Latest Update: Oct. 31, 2001
Summary: Respondent`s punching his wife in the eye was an act of "moral turpitude" meriting discipline against his teaching certificate.
FLORIDA DEPARTMENT OF EDUCATION & f TALLAHASSEE, FLORIDA 32399-0400 0 « £ Af ‘Map 2, 8 fad ry oy, Mle Ao Y, ‘Sip, . "$9 Tom Gallagher els Tp OF Commissioner ; “AR RAT Mere ey “ O!- |1$600 December 22, 1999 Mr. John Pedonti, Jr. 2117 East Bird Street Tampa, Florida 33604 CERTIFIED MAIL RE: Finding of Probable Cause Dear Mr. Pedonti: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that | probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, i probation, restriction of the scope of practice, suspension not to exceed three years, i * revocation not to exceed ten years or the permanent revocation of your teaching certificate. if An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. | Should; you have any questions regarding this matter, contact the Office of Professional | Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Sincerely, =_——_ {on Tom Gal TGijh ENCLOSURES Plaza.Level, The Capitol « Tallahassee, Florida 32399-0400 (850) 487-1785 ¢ Fax (850) 413-0378 http:/ /www.fim.edu/doe/doehome.htm An affirmative action/equal opportunity employer STATE OF FLORIDA 28 EDUCATION PRACTICES COMMISSION Oy Adj Sion Nee sT Rag TOM GALLAGHER, as RNa VE Commissioner of Education, Petitioner, vs. ‘CASE NO. 990-0017-C JOBN H. PEDONTI, JR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against John H. Pedonti, Jr. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231. 262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: - . JURISDICTION ar) 1. The Respondent holds Florida Educator’s Certificate 384296, covering the areas of Technical Art, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Technology teacher, in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about November 26, 1997, Respondent battered his wife when he grabbed her by the head, held her in a head lock and struck her in the face with his fist causing a black and blue bruise around her eye. Respondent was arrested and charged with Battery (Domestic Violence). On or about February 4, 1999, Respondent pled Not Guilty and the court withheld adjudication. Respondent was sentenced to twelve months probation, court costs and fines, no contact with the victim except in Divorce Court and 3" party with the child and counseling. : | | 5 te / biti saab di Ir, Administr ivefen laint Adin f So 4) pase Bf 2 . AY STATUTORY VIOLATIONS ME, ARIAT Ye COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. . COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 222 day of ow L-_ —_, 1999. « } { TOM GALLA' R, as Commissioner of Education, State of Florida

Docket for Case No: 01-001186PL
Issue Date Proceedings
Oct. 31, 2001 Final Order filed.
Jul. 12, 2001 Recommended Order issued (hearing held June 6, 2001) CASE CLOSED.
Jul. 12, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 25, 2001 Memorandum of Law (filed by Petitioner via facsimile).
Jun. 25, 2001 Petitioner`s Proposed Recommended Order (filed via facsimile).
Jun. 21, 2001 Notice of Filing (exhibits) filed.
Jun. 21, 2001 Respondent`s Proposed Recommended Order filed.
Jun. 15, 2001 Transcript filed.
Jun. 06, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jun. 05, 2001 Subpoena ad Testificandum (L. Rogness) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (W. Canady) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (L. Kipley) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (C. Milillo) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (D. Pedonti) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (F. Johnson) filed via facsimile.
Jun. 05, 2001 Subpoena ad Testificandum (V. Fernandez) filed via facsimile.
Jun. 05, 2001 Notice of Filing (filed by Petitioner via facsimile).
Jun. 05, 2001 Order on Motion for Judicial Notice issued.
Jun. 05, 2001 Petitioner`s Final Hearing Exhibits filed.
May 29, 2001 Petitioner`s Amended Pre-hearing Stipulation (filed via facsimile).
May 29, 2001 Petitioner`s Prehearing Stipulation (filed via facsimile).
May 25, 2001 Motion for Judicial Notice of Facts Previously Established (filed by Petitioner via facsimile).
May 24, 2001 Notice of Deposition (W. Canady) filed via facsimile.
May 21, 2001 Order Granting Leave to File Amended Administrative Complaint issued.
May 18, 2001 Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
May 14, 2001 Response to Respondent`s Request for Production of Documents (filed by Petitoner via facsimile).
May 14, 2001 Notice of Serving Petitioner`s Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
May 08, 2001 Notice of Deposition, John Pedonti (filed via facsimile).
Apr. 16, 2001 Motion for Expedited Discovery (filed by Petitioner via facsimile).
Apr. 10, 2001 Order of Pre-hearing Instructions issued.
Apr. 10, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for June 6, 2001; 9:00 a.m.; Tampa and Tallahassee, FL).
Apr. 09, 2001 Notice of Appearance (filed by M. Herdman).
Apr. 09, 2001 First Request for Production of Documents (filed via facsimile).
Apr. 09, 2001 Petitioner`s First Set of Interrogatories (filed via facsimile).
Apr. 09, 2001 Notice of Service (of First Set of Interrogatories) filed via facsimile.
Apr. 04, 2001 Joint Response to Court`s Initial Order (filed via facsimile).
Mar. 29, 2001 Notice of Appearance (of S. Burton filed by Petitioner via facsimile).
Mar. 28, 2001 Election of Rights filed.
Mar. 28, 2001 Administrative Complaint filed.
Mar. 28, 2001 Agency referral filed.
Mar. 28, 2001 Initial Order issued.

Orders for Case No: 01-001186PL
Issue Date Document Summary
Oct. 29, 2001 Agency Final Order
Jul. 12, 2001 Recommended Order Respondent`s punching his wife in the eye was an act of "moral turpitude" meriting discipline against his teaching certificate.
Source:  Florida - Division of Administrative Hearings

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