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).
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May 23, 2003 |
Respondent`s Response to Order Granting Continuance (filed via facsimile).
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May 23, 2003 |
Notice of Appearance (filed by M. Herdman via facsimile).
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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).
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May 12, 2003 |
Respondent`s Fourth Motion for Continuance (filed via facsimile).
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May 12, 2003 |
Motion to Withdraw filed by L. Meek.
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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.
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Apr. 29, 2003 |
Respondent`s Second Motion for Continuance (filed via facsimile).
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Apr. 25, 2003 |
Respondent`s Second Motion for Continuance (filed via facsimile).
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Apr. 24, 2003 |
Respondent`s Notice of Service of First Interrogatories to the Petitioner (filed via facsimile).
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Apr. 24, 2003 |
Respondent`s Request for Production (filed via facsimile).
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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).
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Mar. 31, 2003 |
Motion to Compel Discovery (filed by Petitioner via facsimile)
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Mar. 14, 2003 |
Respondent`s Answers to Petitioner`s Request for Admissions (filed via facsimile).
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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.
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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.
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Jan. 29, 2003 |
Notice of Substitution of Counsel (filed by L. Meek).
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Jan. 29, 2003 |
Election of Rights filed.
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Jan. 29, 2003 |
Administrative Complaint filed.
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Jan. 29, 2003 |
Agency referral filed.
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