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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs AVIS CHAPMAN-JOSEPH, 09-000347PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000347PL Visitors: 16
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: AVIS CHAPMAN-JOSEPH
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 21, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 18, 2009.

Latest Update: Jul. 08, 2024
STATE OF FLORIDA ; LE EDUCATION PRACTICES COMMISSION) , y mb if 4 DR. ERIC J. SMITH, as 04-0 Y qPl Commissioner of Education, Petitioner, vs. CASE NO. 056-0896-J AVIS CHAPMAN-JOSEPH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against AVIS CHAPMAN-JOSEPH.. The Petitioner secks 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 1. The Respondent holds Florida Educator’s Certificate 879860, covering the areas of Business Education, which was valid through June 30, 2005, and Exceptional Student Education, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Program Specialist at Robert Renick Education Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about May 14, 1994, Respondent graduated from Florida Memorial College (now University). 4. During December 2001 and January 2002, Respondent made arrangements with and paid one or more individuals to change the grades in seven classes on her transcript at Florida Memorial. Respondent succeeded in having all seven grades changed to increase her grade point AVIS CHAPMAN-JOSEPH Administrative Complaint Page 2 of 4 average from 2.484 to 2.704. 5. After having her grades unlawfully changed, Respondent applied for employment in a position requiring a Florida educator’s certificate with the Miami-Dade School Board in 2002. Respondent wilifully and knowingly provided the school board with the altered transcript from Florida Memorial for the purpose of gaining employment. Respondent was in fact employed by the school board beginning in the 2002-2003 school year. 6. After having her grades unlawfully changed, Respondent applied for a Florida educator’s certificate from the Department of Education in April 2002. Respondent willfully and knowingly provided the Department with the altered transcript from Florida Memorial for the purpose of gaining certification. Respondent was in fact certified by the Department beginning in thie 2002-2003 school year. 7, After having her grades unlawfully changed, Respondent applied for and was accepted into three graduate programs (a master’s degree program in education, an education specialist program in curriculum and a doctoral program in education leadership) at Nova Southeastern University. Respondent willfully and knowing provided Nova with the altered transcript from Florida Memorial for purposes of gaining admittance to Nova for these programs. She entered the first program for her master’s degree on or about May or June 2002. 8. Since the unauthorized and illegal grade changes were discovered by Florida Memorial and Respondent was notified by the institution of the fact that her transcript was revised to reflect the actual grades originally awarded, Respondent has failed to provided one or more of the entities to whom she provided or caused to be provided the unlawfully altered Florida Memorial transcript with an official, corrected transcript. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching 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. COUNT 3: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 4: 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 AVIS CHAPMAN-JOSEPH Administrative Complaint Page 3 of 4 prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT6: TheRespondentis in violation of Rule 6B.1006(5){g), Florida Administrative Code, in that Respondent has misrepresented her 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. COUNTS: 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 her own or another’s application for a professional position. (SIGNATURE ON FOLLOWING PAGE) AVIS CHAPMAN-JOSEPH Administrative Complaint Page 4 of 4 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. EXECUTED on this_1@** day of December 2007 DR. ERIG J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 09-000347PL
Issue Date Proceedings
Feb. 18, 2009 Order Closing File. CASE CLOSED.
Feb. 17, 2009 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 30, 2009 Respondent`s Motion to Continue Final Hearing filed.
Jan. 28, 2009 Order Directing Filing of Exhibits
Jan. 28, 2009 Order of Pre-hearing Instructions.
Jan. 28, 2009 Notice of Hearing by Video Teleconference (hearing set for April 9 and 10, 2009; 9:30 a.m.; Miami and Tallahassee, FL).
Jan. 28, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Jan. 28, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 28, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 27, 2009 Joint Response to Initial Order filed.
Jan. 21, 2009 Initial Order.
Jan. 21, 2009 Administrative Complaint filed.
Jan. 21, 2009 Election of Rights filed.
Jan. 21, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 21, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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