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PAM STEWART, AS COMMISSIONER OF EDUCATION vs HENRY COOK, 14-004066PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004066PL Visitors: 17
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: HENRY COOK
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Aug. 29, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 14, 2014.

Latest Update: Jan. 10, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-0034 HENRY J. COOK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against HENRY J, COOK. 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 6A-10.081, 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 L. The Respondent. holds. Florida Educator's. Certificate.747756,.covering.the-areas..... of Educational Leadership, Elementary Education, English for Speakers of Other Languages (ESOL) and Middle Grades Integrated Curriculum, which is valid through June 30, 2017. 2, At all times pertinent hereto, the Respondent was employed as a Co-Athletic Director at Glades Central High School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year, while serving as Co-Athletic Director at Glades Central High School, Respondent submitted, and received payment for, coaching supplements for which he was not entitled to receive. Respondent submitted one supplement claiming to be the Girl’s Flag Football Coach. Respondent submitted another supplement claiming to be the Swim Team Coach. During the 2008-2009 school year at Glades Central High School, Respondent did not coach the Girl’s Flag Football Team and the Swim Team did not exist. When questioned by law enforcement, Respondent falsely told law enforcement that HENRY J. COOK Administrative Complaint Page 2 of 3 he had submitted the forms on behalf of other coaches and transferred the funds to other coaches. Those other coaches informed law enforcement that they had submitted their own coaching supplement forms and received payment directly from the school district. Respondent was paid $3,275.00 for each supplement and kept the funds for his own personal use. 4, On or about March 28, 2012, Respondent was arrested and charged with Theft and Official Misconduct. On or about March 29, 2012, an Information was filed for the following charges: Count 1: Official Misconduct, Count 2: Organized Scheme to Defraud, Count 3: Grand Theft, and Count 4: False Official Statements. 5. Respondent subsequently pled not guilty to Counts 1, 2 and 3, and the court entered an order of nolle prosequi with respect to those counts. On or about January 2, 2013, Respondent pled guilty to Count 4 and was adjudicated guilty. 6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for revocation or other sanctions. 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)\(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than-armnor-trafic-volation,. COUNT 3: The Respondent is in violation of Section 1012.795(1)(j), 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 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. HENRY J. COOK Administrative Complaint Page 3 of 3 COUNT 6: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 Z)__ day of Roc | 2014. bb feces PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004066PL
Issue Date Proceedings
Nov. 17, 2014 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits numbered 1-17, to the Respondent.
Nov. 17, 2014 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numered 1-14, to the Petitioner.
Nov. 14, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 14, 2014 Respondent's Proposed Exhibits Number 6 and 7 filed (exhibits not available for viewing).
Nov. 14, 2014 Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 13, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 13, 2014 Return of Service (Edwin James) filed.
Nov. 13, 2014 Return of Service (Monroe Channing) filed.
Nov. 13, 2014 Return of Service (Joshua Velez) filed.
Nov. 13, 2014 Return of Service (Records Custodian for Palm Beach County School District) filed.
Nov. 13, 2014 Return of Service (Dennis Knabb) filed.
Nov. 13, 2014 Return of Service (Yetta Greene) filed.
Nov. 13, 2014 Return of Service (Cynthia Harrell-Baker) filed.
Nov. 13, 2014 Return of Service (William Murphy) filed.
Nov. 12, 2014 Petitioner's Counsel's Notice of Withdrawal of Motion to Compel Discovery filed.
Nov. 12, 2014 Respondent's Notice of Filing Proposed Exhibits filed.
Nov. 12, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 10, 2014 Joint Prehearing Stipulation filed.
Nov. 10, 2014 Respondent's Exhibit List filed.
Nov. 10, 2014 Respondent's Notice of Filing Exhibit List filed.
Nov. 10, 2014 Respondent's Notice of Filing Witness List filed.
Nov. 10, 2014 Respondent's Witness List filed.
Nov. 07, 2014 Respondent's Notice of Serving Answers to First Set of Interrogatories filed.
Nov. 07, 2014 Notice of Withdrawal of Motion to Withdraw as Counsel for Respondent filed.
Nov. 05, 2014 Motion to Withdraw as Counsel for Respondent filed.
Nov. 05, 2014 (Petitioner's) Motion to Compel Discovery filed.
Oct. 30, 2014 Notice of Deposition Duces Tecum (Records Custodian of Palm Beach County School Police Department) filed.
Oct. 29, 2014 Respondent's Notice of Serving Response to Request for Production filed.
Oct. 16, 2014 (Respondent's) Response to Request for Admissions filed.
Sep. 15, 2014 Notice of Service of Petitioner's Request for Production to Respondent filed.
Sep. 15, 2014 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Sep. 10, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 17 and 18, 2014; 9:00 a.m.; West Palm Beach, FL).
Sep. 09, 2014 Joint Motion to Reset Hearing filed.
Sep. 05, 2014 Order of Pre-hearing Instructions.
Sep. 05, 2014 Notice of Hearing (hearing set for September 25 and 26, 2014; 9:00 a.m.; West Palm Beach, FL).
Sep. 04, 2014 Joint Response to Initial Order filed.
Aug. 29, 2014 Initial Order.
Aug. 29, 2014 Administrative Complaint filed.
Aug. 29, 2014 Election of Rights filed.
Aug. 29, 2014 Notice of Appearance (Mark Wilensky).
Aug. 29, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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