Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL ALTEE
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Oct. 07, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 18, 2008.
Latest Update: Nov. 17, 2024
STATE OF FLORIDA ,
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as OS U9GG AE
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-0077-M
MICHAEL LAWRENCE ALTEE,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files. this Administrative
Complaint against MICHAEL LAWRENCE ALTEE. 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.
he Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 673095, covering the areas of
History and Middle Grades, which is valid through June 30, 2012.
2. At all times pertinent hereto, the Respondent was employed as a Social Studies
Teacher at Frank Peterson Academy School in the Duval County School District.
MATERIAL ALLEGATIONS
3. During the 2006/2007 school year, Respondent inappropriately and repeatedly
displayed photographs in class depicting acts of violence and mutilation. Pictures displayed by
Respondent included, but were not limited to, pictures of Ted Bundy before and after execution,
pictures of President John F. Kennedy after he had been shot, with areas of his skull exposed, and
threatening pictures of the Virginia Tech shooter.
MICHAEL LAWRENCE ALTEE
Administrative Complaint
Page 2 of 3
4. During the 2006/2007 school year, after his school was on lock-down as the result
of a student bringing a gun to school, Respondent made comments that he should and/or did bring
a gun to school.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules,
RULE VIOLATIONS
COUNT 3: 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 health and/or safety.
(SIGNATURE ON FOLLOWING PAGE)
MICHAEL LAWRENCE ALTEE
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a
period of time up to 10 years or permanently.
ce .
EXECUTED on this 3 day of Poe i , 2008.
Commissioner of Education
State of Florida
Docket for Case No: 08-004969PL
Issue Date |
Proceedings |
Dec. 18, 2008 |
Order Closing File. CASE CLOSED.
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Dec. 18, 2008 |
Notice of Voluntary Dismissal With Prejudice filed.
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Dec. 15, 2008 |
Undeliverable envelope returned from the Post Office.
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Dec. 15, 2008 |
Undeliverable envelope returned from the Post Office.
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Dec. 11, 2008 |
Notice of Taking Deposition filed.
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Dec. 08, 2008 |
Order on Pending Motions.
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Dec. 08, 2008 |
Order Re-scheduling Hearing (hearing set for February 10 and 11, 2009; 11:00 a.m.; Jacksonville, FL).
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Dec. 03, 2008 |
Unopposed Motion for "In-Person" Final Hearing filed.
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Dec. 02, 2008 |
Response in Opposition to Respondent`s Motion for Protective Order and to Quash Subpoena for Deposition filed.
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Dec. 01, 2008 |
CASE STATUS: Motion Hearing Held. |
Dec. 01, 2008 |
Undeliverable envelope returned from the Post Office.
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Nov. 26, 2008 |
Respondent`s Motion for Protective Order and Motion to Quash Petitioner`s Subpoena Duces Tecum filed.
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Nov. 26, 2008 |
Order (Respondent`s Motion for Protective Order is denied).
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Nov. 12, 2008 |
(Respondent`s) Motion for Protective Order filed.
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Nov. 05, 2008 |
Notice of Appearance (filed by W. Byndloss).
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Nov. 05, 2008 |
Notice of Appearance (filed by T. Delegal).
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Oct. 30, 2008 |
Undeliverable envelope returned from the Post Office.
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Oct. 27, 2008 |
Undeliverable envelope returned from the Post Office.
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Oct. 24, 2008 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 18 and 19, 2008; 9:30 a.m.; Jacksonville and Tallahassee, FL; amended as to location and time).
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Oct. 24, 2008 |
Notice of Video Instructions.
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Oct. 22, 2008 |
Order (Petitioner`s, Dr. Eric J. Smith`s Motion to Consolidate Hearings in Case No. 08-4969 is denied as moot).
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Oct. 22, 2008 |
Order of Consolidation (DOAH Case Nos. 08-4819 and 08-4969PL).
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Oct. 14, 2008 |
Undeliverable envelope returned from the Post Office.
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Oct. 09, 2008 |
Joint Motion to Consolidate Hearings filed.
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Oct. 07, 2008 |
Initial Order.
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Oct. 07, 2008 |
Administrative Complaint filed.
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Oct. 07, 2008 |
Election of Rights filed.
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Oct. 07, 2008 |
Agency referral filed.
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