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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs CARL HAMILTON STARLING, 03-000329PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000329PL Visitors: 20
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: CARL HAMILTON STARLING
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 29, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 13, 2003.

Latest Update: Nov. 13, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, oO O%- 03990 vs. CASE NO. 990-1576-V Petitioner, CARL HAMILTON STARLING, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against Carl Hamilton Starling. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida educator’s certificate 398738, covering the area of occupational specialist education, which is valid through June 30, 2000. 2, At all times pertinent hereto, the Respondent was employed as an occupational specialist teacher, at Applied Technical Adult and Career School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. From March 1999 through March 23, 2000, Respondent engaged in inappropriate behavior with his adult students, and fellow staff members. Respondent insulted and berated students, disparaged them due to their country of origin, referred to them with derogatory names, and treated students in an insulting manner in front of his entire class, which caused embarrassment. Additionally, Respondent made insulting remarks to staff members calling them Carl Hamilton Starling Administrative Complaint Page 2 of 3 names such as “ Banana Lover,” “Fidel Castro’s Puppet,” “cuckoo,” and in other ways, acted in an unprofessional manner. 4, On or about February 8, 2000, Respondent acted inappropriately when he struck a student, Mr. Rodriguez, in the stomach because he told Respondent he was going to leave Respondents class early. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(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 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, or social and family background and has failed to make reasonable effort to assure that each student is protected from harassment or discrimination. Carl Hamilton Starling Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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__ “7 __ day of feb . , 2001. CHA CRIST, as Commissioner of Education, State of Florida

Docket for Case No: 03-000329PL
Issue Date Proceedings
Aug. 13, 2003 Order Closing File. CASE CLOSED.
Aug. 11, 2003 Motion to Cancel Hearing and to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jul. 16, 2003 Order Concerning Witness Unavailability for Hearing. (Ms. Santos` request that the hearing of this matter be rescheduled is denied)
Jun. 30, 2003 Witness Unavailability for Hearing (filed G. Santos via facsimile).
May 29, 2003 Notice of Hearing issued (hearing set for August 21 and 22, 2003; 9:30 a.m.; Miami, FL).
May 28, 2003 Order Granting Motion to Withdraw issued. (counsel for Respondent, Leslie A. Meek, Esquire, motion to withdraw is granted)
May 27, 2003 Notice of Availability (filed by C. Whitelock via facsimile).
May 23, 2003 Respondent`s Response to Order Granting Continuance (filed via facsimile).
May 23, 2003 Notice of Appearance (filed by M. Herdman via facsimile).
May 15, 2003 Order Granting Continuance issued (parties to advise status by May 23, 2003).
May 12, 2003 Respondent`s Response to Petitioner`s Request for Production (filed via facsimile).
May 12, 2003 Respondent`s Fourth Motion for Continuance (filed via facsimile).
May 12, 2003 Motion to Withdraw filed by L. Meek.
May 02, 2003 Petitioner`s Response to Respondent`s Second Motion for Continuance (filed via facsimile).
Apr. 30, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 11 and 12, 2003; 9:30 a.m.; Miami, FL).
Apr. 29, 2003 Order Denying Continuance issued.
Apr. 29, 2003 Respondent`s Second Motion for Continuance (filed via facsimile).
Apr. 25, 2003 Respondent`s Second Motion for Continuance (filed via facsimile).
Apr. 24, 2003 Respondent`s Notice of Service of First Interrogatories to the Petitioner (filed via facsimile).
Apr. 24, 2003 Respondent`s Request for Production (filed via facsimile).
Apr. 14, 2003 Order Granting Motion to Compel Discovery issued. (responses to Petitioner`s discovery shall be received by Petitioner on or before April 21, 2003)
Apr. 11, 2003 Notice of Filing Answers to First Set of Interrogatories to Respondent (filed by Respondent via facsimile).
Mar. 31, 2003 Motion to Compel Discovery (filed by Petitioner via facsimile)
Mar. 14, 2003 Respondent`s Answers to Petitioner`s Request for Admissions (filed via facsimile).
Feb. 27, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 6 and 7, 2003; 9:30 a.m.; Miami, FL).
Feb. 25, 2003 Respondent`s Joint Motion for Continuance (filed via facsimile).
Feb. 17, 2003 Order of Pre-hearing Instructions issued.
Feb. 17, 2003 Notice of Hearing issued (hearing set for April 22 and 23, 2003; 9:30 a.m.; Miami, FL).
Jan. 31, 2003 Initial Order issued.
Jan. 29, 2003 Notice of Substitution of Counsel (filed by L. Meek).
Jan. 29, 2003 Election of Rights filed.
Jan. 29, 2003 Administrative Complaint filed.
Jan. 29, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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