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.
|