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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs BRIAN ANTHONY BUTCHER, 09-002325PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002325PL Visitors: 13
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: BRIAN ANTHONY BUTCHER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: May 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2009.

Latest Update: Jun. 15, 2024
STATE OF FLORIDA __ _ EDUCATION PRACTICES COMMISSION — i, co DR. ERIC J. SMITH, as (\4- %99 p , nO op Commissioner of Education, MEA By hie FRay, ah ve Petitioner, vs. CASE NO. 089-0314 BRIAN ANTHONY BUTCHER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against BRIAN ANTHONY BUTCHER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 1003734, covering the areas of Educational.Leadership and Social Science, which is valid through June 30, 2012. 2. Atall times pertinent hereto, the Respondent was employed as a Curriculum Support Specialist at Miami Edison Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about August 16, 2007, the Respondent submitted a request for increase in salary based on teaching experience to the Miami Dade School District Office of Compensation Administration (MDSDOCA). 4. In support of his request for increased pay, the Respondent submitted a Teaching Experience Verification Form indicating that he had completed 15 years of experience teaching in New York. The Respondent fraudulently falsified the number of years of teaching experience and forged the signature of a New York City Department of Education administrator on the Teaching Al: 05 Administrative Complaint Page 2 of 3 Experience Verification Form. The increased number of years claimed by the Respondent would have qualified him for an additional $5,000 in pay. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)G), 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(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresentéd facts concerning an educational matter in direct or indirect public expression. COUNT 4: 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. COUNTS: The Respondent isin violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented his professional qualifications. COUNT6: The Respondentis in violation of Rule 6B.1006(S)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. : (SIGNATURE ON FOLLOWING PAGE) _ BRIAN ANTHONY BUTCHER | 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; determining the Respondent to be ineligible for certification; 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 yi day of Februcry ,2009 . Commissioner of Education State of Florida BRIAN ANTHONY BUTCHER... ...... ...

Docket for Case No: 09-002325PL
Issue Date Proceedings
Jul. 30, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jul. 30, 2009 Joint Motion to Relinquish Jurisdiction to EPC to Conduct an Informal Hearing filed.
May 18, 2009 Order Directing Filing of Exhibits
May 18, 2009 Order of Pre-hearing Instructions.
May 18, 2009 Notice of Hearing by Video Teleconference (hearing set for August 18, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
May 15, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
May 15, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
May 15, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
May 11, 2009 Unilateral Response to Initial Order filed.
May 07, 2009 (Respondent`s) Letter response to the Initial Order filed.
May 01, 2009 Initial Order.
May 01, 2009 Administrative Complaint filed.
May 01, 2009 Election of Rights filed.
May 01, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 01, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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