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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs MICHAEL ALTEE, 08-004969PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004969PL Visitors: 12
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: May 23, 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.
Dec. 18, 2008 Notice of Voluntary Dismissal With Prejudice filed.
Dec. 15, 2008 Undeliverable envelope returned from the Post Office.
Dec. 15, 2008 Undeliverable envelope returned from the Post Office.
Dec. 11, 2008 Notice of Taking Deposition filed.
Dec. 08, 2008 Order on Pending Motions.
Dec. 08, 2008 Order Re-scheduling Hearing (hearing set for February 10 and 11, 2009; 11:00 a.m.; Jacksonville, FL).
Dec. 03, 2008 Unopposed Motion for "In-Person" Final Hearing filed.
Dec. 02, 2008 Response in Opposition to Respondent`s Motion for Protective Order and to Quash Subpoena for Deposition filed.
Dec. 01, 2008 CASE STATUS: Motion Hearing Held.
Dec. 01, 2008 Undeliverable envelope returned from the Post Office.
Nov. 26, 2008 Respondent`s Motion for Protective Order and Motion to Quash Petitioner`s Subpoena Duces Tecum filed.
Nov. 26, 2008 Order (Respondent`s Motion for Protective Order is denied).
Nov. 12, 2008 (Respondent`s) Motion for Protective Order filed.
Nov. 05, 2008 Notice of Appearance (filed by W. Byndloss).
Nov. 05, 2008 Notice of Appearance (filed by T. Delegal).
Oct. 30, 2008 Undeliverable envelope returned from the Post Office.
Oct. 27, 2008 Undeliverable envelope returned from the Post Office.
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).
Oct. 24, 2008 Notice of Video Instructions.
Oct. 22, 2008 Order (Petitioner`s, Dr. Eric J. Smith`s Motion to Consolidate Hearings in Case No. 08-4969 is denied as moot).
Oct. 22, 2008 Order of Consolidation (DOAH Case Nos. 08-4819 and 08-4969PL).
Oct. 14, 2008 Undeliverable envelope returned from the Post Office.
Oct. 09, 2008 Joint Motion to Consolidate Hearings filed.
Oct. 07, 2008 Initial Order.
Oct. 07, 2008 Administrative Complaint filed.
Oct. 07, 2008 Election of Rights filed.
Oct. 07, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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