Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: BARRY HILL
Judges: ROBERT E. MEALE
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jan. 22, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 1, 2002.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
TOM GALLAGHER, as
Commissioner of Education,
Petitioner,
vs. ; CASE NO. 990-1875-M
BARRY HILL,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative
Complaint against Barry Hill. The Petitioner seeks the appropriate disciplinary sanction of the
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:
JURISDICTIO
1. The Respondent holds Florida Educator’s Certificate 427540, covering the area of
Occupational Specialist, which is valid through June 30, 2002. ec ussu
2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal
at Palm Beach Gardens High School, in the Palm Beach County School District.
intoxicated. Respondent was also in possession of a controlled substance, Cocaine, Respondent had
been stopped by police for a traffic violation and was found to be drunk and had in his possession
cocaine. Respondent was arrested and charged with Driving Under the Influence and Possession
SRT pee pe
Barry Hill
Administrative Complaint
2 of 2
substance abuse evaluation, random . drug abuse testing, fifty hours of community service, six
months license suspension and court costs and fees.
STATUTE VIOLATIONS
COUNT 1: The Respondent is 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 Respondent is in violation of Section 231.28(1)(e), Florida Statutes, in
that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than
a minor traffic violation.
‘
COUNT 3: The Respondent is in violation of Section 231.28(1)(®), Florida Statutes, in
that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness
as an employee of the school board.
COUNT 4: The Respondent is in violation of Section 231.28(2), Florida Statutes, which
provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof
of grounds for the revocation of the 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_ 21 © day of Vorn~ , 2000.
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co Cee
TOM GALLAC SHER, as
Commissioner of Education
‘State of Florida
cor osbiai a aauonmihaptet artis.
Docket for Case No: 02-000298PL
Issue Date |
Proceedings |
Jul. 24, 2002 |
Motion to Reopen Case filed by Petitioner.
|
May 02, 2002 |
Motion for Protective Order (filed by M. Wilensky via facsimile).
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May 01, 2002 |
Order Closing File issued. CASE CLOSED.
|
Apr. 29, 2002 |
Joint Pretrial Stipulation (filed via facsimile).
|
Apr. 29, 2002 |
Petitioner`s Response to Respondent`s Motion for Abeyance (filed via facsimile).
|
Apr. 29, 2002 |
Opposed Motion for Abeyance (filed by Respondent via facsimile).
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Apr. 25, 2002 |
Petitioner`s Motion for Court to Take Judicial Notice (filed via facsimile).
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Apr. 23, 2002 |
Notice of Taking Deposition, Records Custodian of Dubiner & Wilensky (filed via facsimile).
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Apr. 22, 2002 |
Order Denying Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts issued.
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Apr. 18, 2002 |
Respondent`s Response to Petitioner`s Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed via facsimile).
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Apr. 09, 2002 |
Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed by Petitioner via facsimile).
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Feb. 26, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 2 and 3, 2002; 9:30 a.m.; West Palm Beach, FL).
|
Feb. 13, 2002 |
Agreed Motion for Continuance of Hearing (filed via facsimile).
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Feb. 01, 2002 |
Order of Pre-hearing Instructions issued.
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Feb. 01, 2002 |
Notice of Hearing issued (hearing set for April 4 and 5, 2002; 10:00 a.m.; West Palm Beach, FL).
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Jan. 31, 2002 |
Notice of Appearance (filed by C. Whitelock via facsimile).
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Jan. 30, 2002 |
Response to Initial Order (filed by Petitioner via facsimile).
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Jan. 23, 2002 |
Initial Order issued.
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Jan. 22, 2002 |
Notice of Appearance (filed by M. Haynes).
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Jan. 22, 2002 |
Administrative Complaint filed.
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Jan. 22, 2002 |
Election of Rights filed.
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Jan. 22, 2002 |
Agency referral filed.
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