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JOHN WINN, AS COMMISSIONER OF EDUCATION vs JAMES MAJORS, 06-001237PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001237PL Visitors: 12
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: JAMES MAJORS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 12, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 26, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-2340-M JAMES LEONARD MAJORS, respondent Dbo-1337PL ADMINISTRATIVE COMPLAINT. Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JAMES LEONARD MAJORS. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION om 1. The Respondent holds Florida Educator’s Certificate 863067, covering the areas fo) Biology, Chemistry, and English to Speakers of Other Languages, which is valid through Juné30, 2005. a 2, At all times pertinent hereto, the Respondent was employed at various educational institutions in Miami-Dade County, Florida. MATERIAL ALLEGATIONS 3. On or about August 2001, Respondent applied to the Department for an educator’s certificate. On his application, Respondent knowingly and fraudulently stated that he had the following degrees: 1998 Associate of Science degree from Miami-Dade Community College in the area of Pharmaceutical Sciences; 2000 Prehospital Emergency Care/Crisis Intervention (Health and Allied Science) from Granton Institute of Technology, Toronto, Ontario, Canada; 2005 Bachelor and Masters of Science in the areas of Health Sciences/Education from Florida Gulf Coast University; JAMES LEONARD MAJORS Administrative Complaint Page 2 of 3 2003 Liberal Arts and Science degree in the areas of Liberal Arts/Sciences-Biology, Education, and English/Literature from the University of St. Petersburgh College in Florida; and, a 2003 Associate of Arts degree in the areas of General Science/Education/Engelish, Literature from Miami-Dade Community College. Respondent has never attended or received a degree from any of these institutions. Respondent’s application was rejected by the Department, because he lacked an appropriate degree at the time he applied. 4, On or about October 2002, Respondent applied to the Department for an educator’s certificate. On his application, Respondent knowingly and fraudulently stated that he had a Bachelor of Science degree in Biological Sciences from Vemell University in New York State. Respondent has never attended or received a degree from this university; however, Respondent provided the Department with a fraudulent transcript. As a result of the Respondent’s actions, the Department issued Respondent a Temporary Educator’s Certificate in the area of Biology (Grades 6 - 12) and an endorsement in the area of English to Speakers of Other Languages (ESOL). 5. On or about January 2004, Respondent applied to the Department for an educator’s certificate. On his application, Respondent knowingly and fraudulently stated that he received in 2002 and 2003 a Doctoral degree from Florida State University in the areas of Biology, Chemistry, Education, Respondent provide a fraudulent transcript to the Department. 6. Respondent has at various times and for various purposes used other fraudulent transcripts from a post-secondary institution from which he purportedly received a degree, but which ~: he never attended. The institutions include, but are not limited to: Nova Southeastern Univergity, Florida International University; Florida State University; and Vernell University. On one or inore occasions, Respondent has secured or attempted to secure a position requiring a Florida educator” 8 certificate using these fraudulent documents. STATUTE VIOLATIONS Gow HY COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain an educator’s certificate by fraudulent means. COUNT 2: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT3: TheRespondentis in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT4: The Respondentis in violation of Section 1012.795(1){i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession JAMES LEONARD MAJORS Administrative Complaint Page 3 of 3 prescribed by State Board of Education rules, COUNTS: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT6: TheRespondentis in violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented one's own professional qualifications. COUNT7: TheRespondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. COUNTS8: TheRespondentis in violation of Rule 6B.1006(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in one's own or another’s application for a professional position. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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. a EXECUTED on this \ Le day of ae , 2005. 190 (tle nS J fee as = Commissioner of Education = State of Florida 2° = a & oi mm

Docket for Case No: 06-001237PL
Issue Date Proceedings
Apr. 26, 2006 Order Closing File. CASE CLOSED.
Apr. 26, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Apr. 24, 2006 Order of Pre-hearing Instructions.
Apr. 24, 2006 Notice of Hearing (hearing set for June 14 and 15, 2006; 9:30 a.m.; Miami, FL).
Apr. 21, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Apr. 21, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Apr. 21, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Apr. 21, 2006 Unilateral Response to Initial Order filed.
Apr. 12, 2006 Initial Order.
Apr. 12, 2006 Finding of Probable Cause filed.
Apr. 12, 2006 Administrative Complaint filed.
Apr. 12, 2006 Election of Rights filed.
Apr. 12, 2006 Notice of Appearance (filed by C. Whitelock).
Apr. 12, 2006 Letter to J. Majors from J. Rittenhouse regarding forwarding case to the Division of Administrative Hearings filed.
Apr. 12, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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