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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs BARRY HILL, 02-002965PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002965PL Visitors: 14
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: BARRY HILL
Judges: CLAUDE B. ARRINGTON
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jul. 24, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 3, 2002.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA rif we EDUCATION PRACTICES COMMISSION 2 Jay _ 22 45 TOM GALLAGHER, as A omy fie fire Commissioner of Education, HE 4 Bh is ive “ARINGS YE Petitioner, vs. CASE NO, 990-1 875-M BARRY HILL, Respondent. / i . ee % Education Profession in Florida, said sanctions Specifically set forth in Sections 231,262(6) and 231.28(1), Florida Statutes, The Petitioner alleges: TURISDICTION The Respondent holds Florida Educator’s Certificate 427540, Covering the area of 002. . 1, Occupational Specialist, which is valid through June 30, 2 2. Atall times Pertinent hereto, the Respondent was employed as an Assistant Principal at Palm Beach Gardens High School, in the Palm Beach County School District, . 3. On or about December 16, 1999, Respondent operated his vehicle while he was intoxicated, Respondent was also in possession of a Controlled substance, Cocaine. Respondent had Fiennes. 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 ofa misdemeanor, felony, or other criminal charge, other than a minor traffic violation, COUNT 3: The Respondent is in violation of Section 231.28(1)(D, 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 23 1.28(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 teprimand, 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 Vigwel—~ , 2000. <— ~h ow TOM GALLA SHER, as Commissioner of Education State of Florida —

Docket for Case No: 02-002965PL
Issue Date Proceedings
Oct. 03, 2002 Order Closing File issued. CASE CLOSED.
Oct. 02, 2002 Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed by Petitioner via facsimile).
Sep. 24, 2002 Respondent`s Supplemental Witness List (filed via facsimile).
Aug. 08, 2002 Order Granting Motion to Compel Production Responses issued.
Jul. 30, 2002 Respondent`s Motion to Compel Production Responses (filed via facsimile).
Jul. 26, 2002 Order Re-Opening Case issued.
Jul. 26, 2002 Notice of Hearing issued (hearing set for October 3 and 4, 2002; 9:00 a.m.; West Palm Beach, FL).
Jul. 24, 2002 Motion to Reopen Case (Previously Filed Under DOAH Case No. 02-298PL filed.
Jan. 22, 2002 Administrative Complaint filed.
Jan. 22, 2002 Election of Rights filed.
Jan. 22, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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