Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: DALE W. REICHARD
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Sanford, Florida
Filed: May 20, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 9, 2009.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
meuacysvarns (4 IOI PL
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-3603
DALE W. REICHARD,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against DALE W. REICHARD. 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 542966, covering the atea of
Social Science, which was valid through June 30, 2008.
2. At all times pertinent hereto, the Respondent was employed as a Social Studies
Teacher at Oviedo High School in the Seminole County School District.
MATERIAL ALLEGATIONS
3. In or around 2007 the Respondent illegally possessed cocaine and cannabis,
scheduled controlled substances. The Respondent was arrested and charged with Possession of
Cocaine. The Respondent completed a pretrial intervention program related to this offense.
4, For approximately three or four years preceding the Respondent’s arrest for illegal
possession of controlled substarices, the Respondent regularly used cocaine.
DALE W. REICHARD
Administrative Complaint
Page 2 of 2
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.
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 ihe 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 A day of _CAo ber, 2008.
Commissioner of Education
State of Florida
Docket for Case No: 09-002801PL
Issue Date |
Proceedings |
Oct. 09, 2009 |
Order Closing File. CASE CLOSED.
|
Oct. 09, 2009 |
Unopposed Motion to Close File filed.
|
Sep. 29, 2009 |
Notice of Transfer.
|
Aug. 24, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 30, 2009; 9:00 a.m.; Sanford, FL).
|
Aug. 21, 2009 |
Joint Motion for Continuance filed.
|
Aug. 18, 2009 |
Notice of Taking Deposition filed.
|
Aug. 17, 2009 |
Notice of Transfer.
|
Aug. 17, 2009 |
Order Denying Motion to Close File.
|
Aug. 17, 2009 |
CASE STATUS: Motion Hearing Held. |
Aug. 05, 2009 |
Respondent's Response to Motion to Close Case and Relinquish Jurisdiction to the Education Practices Commission filed.
|
Jul. 28, 2009 |
Order Granting Extension of Time (response to Petitioner`s Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission to be filed by August 5, 2009).
|
Jul. 27, 2009 |
Respondent's Unopposed Motion for Extension of Time to Respond to Petitioner's Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
|
Jul. 23, 2009 |
Petitioner's Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
|
Jun. 29, 2009 |
Order Denying Motion to Shorten Time and Motion to Hold Case in Abeyance and Re-scheduling Hearing (hearing set for August 27, 2009; 9:00 a.m.; Sanford, FL).
|
Jun. 26, 2009 |
CASE STATUS: Motion Hearing Held. |
Jun. 24, 2009 |
Petitioner's Response to Respondent's Motion to Cancel Hearing and Hold the Case in Abeyance Pending a Ruling from the 5th District Court of Appeals filed.
|
Jun. 23, 2009 |
Respondent's Motion to Cancel the Hearing and Hold the Case in Abeyance Pending a Ruling from the Fifth District Court of Appeals filed.
|
Jun. 23, 2009 |
Petitioner's Motion to Shorten Time for Discovery filed.
|
Jun. 23, 2009 |
Certificate of Service of Petitioner's First Requests for Admissions to Respondent filed.
|
Jun. 23, 2009 |
Petitioner's First Requests for Admissions to Respondent filed.
|
Jun. 09, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 09, 2009 |
Notice of Hearing (hearing set for July 24, 2009; 9:00 a.m.; Sanford, FL).
|
Jun. 08, 2009 |
Notice of Transfer.
|
May 26, 2009 |
Response to Initial Order filed.
|
May 20, 2009 |
Initial Order.
|
May 20, 2009 |
Administrative Complaint filed.
|
May 20, 2009 |
Election of Rights filed.
|
May 20, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
May 20, 2009 |
Agency referral
|
|
CASE STATUS: Motion Hearing Held. |