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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JOSEPH DAWSON, 09-003008PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003008PL Visitors: 6
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.
Nov. 24, 2009 Petitioner's Motion to Compel Answers to Interrogatories filed.
Nov. 20, 2009 Response to Request for Production filed.
Nov. 20, 2009 Petitioner's Motion to Compel Response to Petitioners First Request for Production of Documents filed.
Nov. 18, 2009 Notice of Taking Deposition filed.
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.
Oct. 14, 2009 Petitioner's Notice of Availability filed.
Oct. 09, 2009 Notice of Ex-parte Communication.
Oct. 07, 2009 Notice of Availability filed.
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.
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.
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.
Jul. 15, 2009 Petitioner's Witness List filed.
Jul. 15, 2009 Administrative Complaint filed.
Jul. 07, 2009 Certificate of Service of Discovery filed.
Jul. 07, 2009 Petitioner's First Requests for Admissions to Respondent filed.
Jun. 17, 2009 Order of Pre-hearing Instructions.
Jun. 17, 2009 Notice of Hearing (hearing set for August 13, 2009; 9:00 a.m.; Bartow, FL).
Jun. 17, 2009 Notice of Transfer.
Jun. 09, 2009 Joint Response to Initial Order filed.
Jun. 03, 2009 Initial Order.
Jun. 03, 2009 Administrative Complaint filed.
Jun. 03, 2009 Election of Rights filed.
Jun. 03, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 03, 2009 Agency referral
CASE STATUS: Motion Hearing Held.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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