Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JOSEPH DAWSON
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Bartow, Florida
Filed: Jun. 03, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 7, 2009.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as 6 q . 00 ‘4 PL
AY oy
As USTs Or
Comunissioner of Education, “4 Ai 4 Typ
Petitioner,
vs. CASE NO. 056-3157-S
. JOSEPH DAWSON,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against JOSEPH DAWSON. 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 F lorida, 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 381032, covering the areas of
Athletic Coaching, Educational Leadership and Elementary Education, which is valid through June
30, 2012. .
2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal
at Homer K. Addair Career Academy School in the Polk County School District.
MATERIAL ALLEGATIONS
3. During the Fall 2005 Semester, Respondent submitted a transcript showing the
conference of a doctoral degree from a non-accredited school to the district for the purposes of
receiving additional compensation from the district and improving his status in the principal pool.
Additionally, Respondent submitted documents that indicated he had completed course work and
graduated when in fact he had never attended the school or completed any online or correspondence
courses. On or about July 21, 2006, the Division of Administrative Hearings issued a recommended
JOSEPH DAWSON
Administrative Complaint
Page 2 of 3
a result of Respdndent’s misrepresentation of his professional qualifications. On or about August
23, 2006, the disirict terminated Respondent from his teaching position.
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)(f), Florida Statutés,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as ati employee of the school board.
COUNT3: The Respondents in violation of Section 1012.795(1)(i), Florida Statutes, in
that Resporident lids violated the Pririciplés of Professional Conduct for the Education Profession
presctibed by State Board of Education rules. :
RULE VIOLATIONS
COUNT 4: . The Respondentisin violation of Rule 6B. 1006(5)(g), Florida Administrative
Code, in that Respondent has thisrepresented his professional qualifications.
COUNTS: The Respondent is in-vidlation of Rule 6B.1006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on 4 document in connection with
professional activities. :
(SIGNATURE ON FOLLOWING PAGE)
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
JOSEPH DAWSON
Administrative Complaint
Page 3 of 3
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission inipose 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 sarictions
imposed by the Education Practices Commission may include, tt are not limited to, any otie ora
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 fot 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.
a4 - .
EXECUTED on this _Z™4 aay of Duly 2008.
State of Florida
Docket for Case No: 09-003008PL
Issue Date |
Proceedings |
Dec. 07, 2009 |
Order Closing File. CASE CLOSED.
|
Dec. 07, 2009 |
Motion to Close File filed.
|
Dec. 03, 2009 |
Order Granting Motion for Leave to Amend Administrative Complaint.
|
Dec. 03, 2009 |
CASE STATUS: Motion Hearing Held. |
Dec. 03, 2009 |
Petitioner's Motion for Leave to Amend Administrative Complaint filed.
|
Dec. 02, 2009 |
Petitioner's Motion for Amendment to Commission to Obtain Out-of-State Subpoena for Production of Documents in the State of North Carolina filed.
|
Dec. 01, 2009 |
Amended Notice of Taking Deposition filed.
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Nov. 24, 2009 |
Petitioner's Motion to Compel Answers to Interrogatories filed.
|
Nov. 20, 2009 |
Response to Request for Production filed.
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Nov. 20, 2009 |
Petitioner's Motion to Compel Response to Petitioners First Request for Production of Documents filed.
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Nov. 18, 2009 |
Notice of Taking Deposition filed.
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Nov. 12, 2009 |
Notice of Filing Responses to Petitioner's First Set of Interrogatories to Respondent and Petitioner's Second Requests for Admissions to Respondent filed.
|
Oct. 23, 2009 |
Order Re-scheduling Hearing (hearing set for January 20, 2010; 9:00 a.m.; Bartow, FL).
|
Oct. 14, 2009 |
Second Certificate of Service of Discovery filed.
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Oct. 14, 2009 |
Petitioner's Notice of Availability filed.
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Oct. 09, 2009 |
Notice of Ex-parte Communication.
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Oct. 07, 2009 |
Notice of Availability filed.
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Oct. 07, 2009 |
Notice of Appearance (of M. Bottex) filed.
|
Sep. 30, 2009 |
Order Granting Continuance (parties to advise status by October 9, 2009).
|
Sep. 29, 2009 |
Order Denying Motion to Use Transcript and Exhibits in DOAH Case No. 06-0684 in Lieu of Formal Hearing.
|
Sep. 28, 2009 |
Letter to Judge Harrell from J. Dawson in response to Petitioner's pleas denying Respondent's fundamental rights filed.
|
Sep. 23, 2009 |
Letter to Judge Harrell from J. Dawson regarding case issues filed.
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Sep. 22, 2009 |
Petitioner's Motion to Use Transcript of Testimony and Documentary Evidence in Division of Administrative Hearings Case No. 06-684 in Lieu of Live Formal Hearing filed.
|
Sep. 22, 2009 |
Petitioner's Opposition to Respondent's Request to Postpone Hearing filed.
|
Sep. 17, 2009 |
Letter to Judge Harrell from J. Dawson regarding request to postpone hearing filed.
|
Sep. 17, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 28, 2009; 9:00 a.m.; Bartow, FL).
|
Sep. 16, 2009 |
Order Denying Request for Change of Venue.
|
Sep. 15, 2009 |
Commission to Obtain Out-of-State Subpoena for Production of Documents in the State of North Carolina.
|
Sep. 14, 2009 |
CASE STATUS: Motion Hearing Held. |
Sep. 10, 2009 |
Letter to Judge Harrell from J. Dawson regarding case issues filed.
|
Sep. 09, 2009 |
Petitioner's Objection to Respondent's Request to Change Venue filed.
|
Sep. 09, 2009 |
Proposed Commission (Letters Rogatory) to Obtain Out-of-State Subpoena for Production of Documents in the State of North Carolina filed.
|
Sep. 09, 2009 |
Petitioner's Application for Commission (Letters Rogatory) to Obtain Out-of-State Subpoena for Production of Documents filed.
|
Sep. 09, 2009 |
Certificate of Service filed.
|
Sep. 08, 2009 |
Letter to Judge Harrell from Joseph Dawson requesting that hearing be held in Tallahassee filed.
|
Sep. 04, 2009 |
(Proposed) Respondent's Consent to Disclosure of Documents filed.
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Sep. 04, 2009 |
Petitioner's Motion to Reschedule Hearing filed.
|
Aug. 11, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 25, 2009; 9:00 a.m.; Bartow, FL).
|
Aug. 10, 2009 |
CASE STATUS: Motion Hearing Held. |
Aug. 07, 2009 |
Petitioner's Motion to Deem Requests for Admissions as Admitted and to Relinquish Jurisdiction to the Education Practices Commission or in the Alternative Re-schedule Hearing filed.
|
Jul. 15, 2009 |
Petitioner's Exhibit List filed.
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Jul. 15, 2009 |
Petitioner's Witness List filed.
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Jul. 15, 2009 |
Administrative Complaint filed.
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Jul. 07, 2009 |
Certificate of Service of Discovery filed.
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Jul. 07, 2009 |
Petitioner's First Requests for Admissions to Respondent filed.
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Jun. 17, 2009 |
Order of Pre-hearing Instructions.
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Jun. 17, 2009 |
Notice of Hearing (hearing set for August 13, 2009; 9:00 a.m.; Bartow, FL).
|
Jun. 17, 2009 |
Notice of Transfer.
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Jun. 09, 2009 |
Joint Response to Initial Order filed.
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Jun. 03, 2009 |
Initial Order.
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Jun. 03, 2009 |
Administrative Complaint filed.
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Jun. 03, 2009 |
Election of Rights filed.
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Jun. 03, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jun. 03, 2009 |
Agency referral
|
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CASE STATUS: Motion Hearing Held. |
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CASE STATUS: Motion Hearing Held. |