LQ -13 70 LC STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 990-1071-V DEVON TYSON, Respondent. % ADMINISTRATIVE COMPLAIN. Petitioner, Tom Gallagher, as Commissioner of Educaton, files this Administrative Complaint against Devon Tyson. 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 1. The Respondent holds Florida Educator’s Certificate 303930, covering the areas of History and Mathematics, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was emp‘ oyed as a Mathematics teacher at Lake Stevens Middle School, in the Dade County School District. MATERIAL ALLEGATIONS 3. On or about July 14, 1999, Respondent operated his vehicle while he was intoxicated. Respondent was arrested and charged with Driving Under the Influence. On or about February 17, 2000, the case was reduced to Reckless Driving and the Respondent pled Nolo Contendere. The court withheld adjudication and sentenced Respondent to a $250.00 fine, $172.75 court costs and a victim impact panel. 4. On or about September 21, 1999, Respondent battere:l a police officer by slamming the door to his house in the officer’s face causing the officer to fall down several stairs. Respondent an Devon Tyson Administrative Complaint 2 of 3 was arrested and charged with Resisting an Officer Without Violence. On or about February 15, 2000, Respondent pled Nolo Contendere to the charge and the court withheld adjudication. Respondent was sentenced to six months probation and N/A meetiags. 5. On or about September 29, 1999, Respondent ope:ated his vehicle while he was intoxicated. Respondent had an accident by running into the back «f another vehicle and then fled from the scene of the accident. After being apprehended, Respondent was arrested and charged with Driving Under the Influence, Leaving the Scene of an Accident, Driving with a Suspended Licence and Failing to Drive in a Single Lane. On or about May 12, 2000, Respondent pled Nolo Contendere to all counts. The court adjudicated Respondent guilty f Driving Under the Influence, the court withheld adjudication or dismissed ‘the other counts. Respondent was sentenced to six months probation, treatment and therapy if necessary, no alcohol or intoxicants while on probation, random testing, restitution to victims as necessary, fifty hours on co nmunity service and a $250.00 fine. 6. Onorabout March 3 1, 2000, Respondent operated h is vehicle while his license was suspended. Respondent was arrested and charged with Drivirg While License Suspended. Respondent was adjudicated guilty of the charge and sentenced to :en days in jail. STATUTE VIOLATION 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 invo. ving 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 221.28(1)(f, Florida Statutes, in that Respondent has been found guilty of personal conduct which ser ously reduces his effectiveness as an employee of the school board. Devon Tyson Administrative Complaint 3 of 3 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 providei in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a repriman1, probation, restriction of the authorized scope of practice, administrative fine, suspension of ‘he teaching certificate not to exceed three years, permanent revocation of the teaching certificat2, 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 2 ¢ © day of “Hove _, Morr tom 2000. To ee TOM mks ER, as Commissioner of Education State of Florids. Si ram RR RE rrr oP, eee neers Richards, Kathleen From: Stowers, Ron Sent: Wednesday, March 27, 2002 9:56 AM To: Richards, Kathleen; Odom, Tamara; Stowers, Ron Subject: whitelock formals Importance: High kr— charles whitelock has requested the following 23 cases be sent to doah for forme! hearing. chuck will be representing the department in these cases. you do not have to send all of them at once and it is ok to streach out their delivery to doah over the next 2 to 3 weeks. thanx. ; ; . . robert alonso genear brown isabelle camille donovan collins robert cooper ivy dominguez gloria forbes ellen goidberg charles harris monica hernandez henry hill sharon horn terrarice jett steven kaye gretchen marsh mary mcelrath andrew petter charles redler harry rolle lynne rushing eric stephens devon tyson reginald white

Docket for Case No: 02-001370PL