ANNE L. KRUPPA,
vs.
Respondent.
) Case No. 04-1726
On July 23, 2004, an administrative hearing in this case was held by videoconference between Tallahassee and Tampa, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.
Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684
For Respondent: Kelly B. Holbrook, Esquire
The issue in the case is whether the application of Anne L. Kruppa (Petitioner) for a Florida Educator's Certificate should be denied for the reasons set forth in the Notice of Reasons
issued on July 13, 2004, by Jim Horne, Commissioner of Education (Respondent).
By letter and Notice of Reasons dated May 7, 2003, Respondent notified Petitioner that her application for a Florida Educator's Certificate was denied. The letter notified Petitioner of her right to appeal the denial. Petitioner filed a request dated July 9, 2003, seeking to discuss settlement of the case, and if settlement was not achieved, to have a formal hearing. By Respondent's letter dated April 29, 2004, the request for hearing was forwarded to the Division of Administrative Hearings, which scheduled the hearing for
July 23, 2004, the earliest date upon which the parties were available for hearing.
During the proceeding, Petitioner testified on her own behalf and presented the testimony of two witnesses, including one by deposition. Petitioner had Exhibits numbered 1 through 4 admitted into evidence. Respondent presented the testimony of three witnesses, including Petitioner. Respondent had Exhibits numbered 1 through 8 admitted into evidence.
The one-volume Transcript of the hearing was filed on August 4, 2004. The deposition testimony of Petitioner's witness referenced above was filed on August 13, 2004. Both
parties filed proposed recommended orders that were considered in the preparation of this Recommended Order.
By an application dated July 7, 2000, Petitioner applied for a teaching position with the Hillsborough County School District. In the application, the Petitioner identified her college degree as "B.S. Zoology" from the University of South Florida (USF).
Above Petitioner's signature, the application states that Petitioner certified that the information provided on the application was "true and correct without any falsifications, omissions, or misleading statements of any kind whatsoever."
The application contained a space where the date of Petitioner's college graduation was to be provided. Petitioner's application did not include a graduation date. A handwritten question mark appears in the space where the date was to be set forth.
Petitioner was employed as a teacher by the Hillsborough County School District for the 2000-2001 school year. At the time of her employment, Petitioner was instructed to obtain her college transcript from USF and provide it to the Hillsborough County School District.
The evidence establishes that Petitioner did not have a bachelor's degree in zoology from USF when she completed the employment application.
By an application dated July 31, 2000, Petitioner applied for a Florida Educator's Certificate. In the application, Petitioner stated that she had received a bachelor's degree in zoology from USF in 1998.
According to the application, by her signature, Petitioner certified that "all information pertaining to this application is true, correct, and complete."
At the time of the certification application, Petitioner was directed to obtain her college transcript and provide it to the Florida Department of Education.
The evidence establishes that Petitioner did not have a bachelor's degree in zoology from USF when she completed the certification application.
By spring of 2001, Petitioner had not provided a transcript to either the Hillsborough County School District or to the Florida Department of Education. At that point, the Hillsborough County School District contacted USF to assist in obtaining Petitioner's transcript, at which time the district learned that Petitioner did not have a bachelor's degree.
In April 2001, the Hillsborough County School District terminated Petitioner's employment because she could not obtain
a Florida Educator's Certificate without a college degree, and the employment required such certification.
After the termination of employment by the Hillsborough County School District, Petitioner worked with the Hillsborough County School District as a substitute teacher and attended Hillsborough Community College in the fall semester 2001. After completing a course at the community college, Petitioner received a bachelor's degree in zoology from USF on December 14, 2001, and returned to teaching full-time for the school district.
The evidence establishes that prior to December 14, 2001, Petitioner did not have a bachelor's degree, contrary to the information set forth on her application for employment with the Hillsborough County School District or the application to obtain a Florida Educator's Certificate from the Florida Department of Education.
At the hearing, Petitioner testified that at the time she filed the applications she believed that she had received her bachelor's degree from USF in the summer of 1997 after taking a course called Elementary Calculus II during the summer term.
The USF summer term included three separate sessions.
Session A and Session B were six-week terms. Session C, a ten- week term, is not at issue in this case.
The records of the 1997 USF summer term indicate that the Petitioner was enrolled in "MAC 3234 Elem Clclus II" (Elementary Calculus II) during the Summer Session A. According to the transcript, she received an "F" in the course.
Petitioner testified that she thought she had enrolled in the course for Summer Session B. Petitioner testified that she paid another person to attend the classes and take notes for Petitioner. Petitioner testified that Petitioner took "a bunch of the tests" and "was figuring I had roughly a B something in the course."
The note-taker testified by deposition and recalled taking notes for Petitioner during July and August of 1997 for a fee of ten dollars per hour. There is no evidence that the note-taker took any tests. Classes for the 1997 USF Summer Session B commenced on June 30 and ended on August 8. Classes for the 1997 USF Summer Session A commenced on May 12 and ended on June 20.
Petitioner testified that at some point after the summer session was completed, she saw the course instructor and spoke to him about her performance in the class. The instructor did not testify at the hearing.
Petitioner testified that she did not receive her grade for Elementary Calculus II, but presumed that she had passed the course and received her degree.
Review of Petitioner's USF transcript establishes that at various times Petitioner took courses identified as "MAC 3233 Elem Clclus I" (Elementary Calculus I) and "MAC 3234 Elem Clclus II" (Elementary Calculus II).
Petitioner enrolled in Elementary Calculus I in the fall term of 1994, but withdrew. In the fall term of 1995, Petitioner re-enrolled in Elementary Calculus I and received a grade of "A."
Petitioner first enrolled in Elementary Calculus II in the spring term of 1996 and received a grade of "F." Petitioner again enrolled in the course in the summer term of 1996 and received a grade of "D."
In the fall term of 1996, Petitioner re-took the Elementary Calculus I course and received a grade of "F."
Petitioner's testimony regarding her presumed performance in the summer 1997 course lacks credibility based on review of the transcript. Based on the performance in the referenced calculus courses, it is unlikely that Petitioner reasonably presumed without further inquiry that she passed the Elementary Calculus II course and received her degree after the summer term of 1997.
Petitioner also testified that she believed her admission to the USF graduate school indicated that she had
completed her undergraduate requirements, and that further inquiry was apparently not required.
The Official Acceptance that was mailed to Petitioner and was required to be presented to USF officials in order to register for courses clearly states that the admission was "provisional." The Official Acceptance required that Petitioner submit to the graduate school her undergraduate transcript indicating that the degree had been conferred. Nothing provided to Petitioner by the USF graduate school indicated that the undergraduate degree had been awarded.
Petitioner was in the USF graduate program for one semester and was enrolled for five classes, four of which were undergraduate-level classes. In the fifth class (identified as "EDF 6432 Fndtns Measrmnt") she received a grade of "F."
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. § 120.57(1), Fla. Stat. (2004).1
As the party seeking the certification, Petitioner has the burden of proving by a preponderance of evidence that she satisfies the statutory requirements for a teaching certificate. Dept. of Banking and Finance, Div. of Securities and Investor
Protection v. Osborne Stern & Co., 670 So. 2d 932 (Fla. 1996).
Subsection 1012.56(2), Florida Statutes, sets forth the eligibility criteria for persons seeking a Florida Educator's Certificate. The criteria include issues related to teaching competence and mastery of material. Other than as to the issues alleged in Respondent's Notice of Reasons for denial of the certification application, there was no evidence presented at the hearing related to whether Petitioner meets the statutory eligibility criteria, and this Recommended Order does not find that the criteria have been satisfied.
Subsection 1012.56(11), Florida Statutes, provides as
follows:
DENIAL OF CERTIFICATE.--
The Department of Education may deny an applicant a certificate if the department possesses evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate.
The decision of the department is subject to review by the Education Practices Commission upon the filing of a written request from the applicant within 20 days after receipt of the notice of denial.
Respondent has the burden of establishing by a preponderance of the evidence, the statutory violations alleged in the Notice of Reasons to be sufficient to warrant denial of the applications. Osborne Stern & Co., 670 So. 2d at 934.
The Amended Notice of Reasons filed in this case states the factual allegations relevant to this case as follows:
On or about July 4, 2000, the Applicant applied for a position with the Hillsborough County School District. On the application form, the Applicant falsely stated that she received a Bachelor's degree in Zoology from the University of South Florida. On her July 31, 2000 Application for Florida Educator's Certificate, the Applicant also falsely stated that she received a Bachelor's degree in Zoology from the University of South Florida in August of 1998. However, the Applicant's official transcript at the University of South Florida indicates that she did not receive her Bachelor's degree in Zoology until December 14, 2001. On or about April 27, 2001, the Applicant was terminated from her position with the Hillsborough County School District.
The evidence establishes that when applying for employment in July 2000, Petitioner claimed to the Hillsborough County School District that she had a bachelor's degree in zoology from USF.
The evidence establishes that when applying for a Florida Educator's Certificate in July 2000, Petitioner claimed to the Department of Education that she had received a bachelor's degree in zoology from USF in 1998.
The evidence establishes that at the time the applications were made, Petitioner did not have a bachelor's degree from USF.
Petitioner asserts that she believed she had passed her final course in the summer of 1997 and received the degree at that time. She asserts that, because she believed she was
degreed, she did not intend to make false statements on the applications.
The evidence fails to support Petitioner's assertions.
As set forth in the Findings of Fact, review of previous calculus grades suggests that there would be no reason to presume passage of the course in the summer of 1997. Other than talking to an instructor, Petitioner made no attempt to learn the grade she received. Petitioner testimony that, based on test results, she presumed she was receiving a "B" lacks credibility. She testified at the hearing that the instructor said she did "fine," but the testimony is hearsay evidence and is not sufficient to support a Finding of Fact. § 120.57(1)(c), Fla. Stat.
Petitioner further testified that she believed she had been awarded the degree because of her admission to graduate school. The evidence establishes that the admission to graduate school was provisional and that Petitioner was required to submit a transcript to the USF graduate school to establish that the bachelor's degree was conferred. The transcript was never provided, and Petitioner did not continue in the graduate program beyond the first semester.
Similarly, Petitioner failed to provide transcripts as required by the Hillsborough County School District and the Florida Department of Education. The failure to submit the
transcripts under these circumstances suggests that Petitioner was aware that there was a potential problem with the information that a transcript would disclose.
Based on the factual allegations, Respondent asserts that Petitioner is in violation of Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes.
Section 1012.795, Florida Statutes, provides in relevant part as follows:
Education Practices Commission; authority to discipline.--
The Education Practices Commission may suspend the educator certificate of any person as defined in s. 1012.01(2) or (3) for a period of time not to exceed 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for that period of time, after which the holder may return to teaching as provided in subsection (4); may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for a period of time not to exceed 10 years, with reinstatement subject to the provisions of subsection (4); may revoke permanently the educator certificate of any person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students; may suspend the educator certificate, upon order of the court, of any person found to have a delinquent child support obligation; or may impose any other penalty provided by law, provided it can be shown that the person:
* * *
Has been guilty of gross immorality or an act involving moral turpitude.
* * *
(f) Upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as an employee of the district school board.
* * *
(i) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.
Respondent further asserts that Petitioner is in violation of Florida Administrative Code Rules 6B-1.006(5)(a) and 6B-1.006(5)(i), as set forth in the Principles of Professional Conduct for the Education Profession.
Florida Administrative Code Rule 6B-1.006(5) provides in relevant part as follows:
Obligation to the profession of education requires that the individual:
Shall maintain honesty in all professional dealings.
* * *
(i) Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position.
The referenced statute does not define "gross immorality" or "moral turpitude." Florida Administrative Code
Rule 6B-4.009(2), applicable to dismissals of instructional personnel, defines immorality as "conduct that is inconsistent with the standards of public conscience and good morals." The Rule further provides that 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."
Florida Administrative Code Rule 6B-4.009(6), also applicable to dismissals of instructional personnel, defines immorality as "a crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude."
In this case, Petitioner's behavior, though inappropriate, fails to reach the level of gross immorality or moral turpitude.
The evidence fails to establish a violation of Subsection 1012.795(1)(f), Florida Statutes. There is no evidence that Petitioner's personal conduct has seriously reduced her effectiveness as a teacher. She was employed as a teacher by the Hillsborough County School District at all times
material to this case, and she continues to be employed in that capacity.
The evidence establishes that Petitioner violated Subsection 1012.795(1)(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(5)(a), in that she failed to "maintain honesty in all professional dealings" by falsely claiming to have a bachelor's degree when she sought employment and certification.
The evidence further establishes that Petitioner violated Subsection 1012.795(1)(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(5)(i), in that she made a fraudulent statement in her application for employment with the Hillsborough County School District, again by claiming an education credential she did not have.
RECOMMENDED that Jim Horne, as Commissioner of Education, enter a final order denying Petitioner's pending application for a Florida Educator's Certificate and providing that Petitioner may not reapply for such certification for a period of two years.
DONE AND ENTERED this 17th day of September, 2004, in Tallahassee, Leon County, Florida.
WILLIAM F. QUATTLEBAUM
Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 2004.
1/ All citations are to Florida Statutes (2004), unless otherwise indicated.
Kathleen M. Richards, Executive Director Education Practices Commission Department of Education
Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684
Kelly B. Holbrook, Esquire Broad and Cassel
Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education
Daniel J. Woodring, General Counsel Department of Education
15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
