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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs CHARLES BROOKS, JR., 19-005888PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005888PL Visitors: 17
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: CHARLES BROOKS, JR.
Judges: JAMES H. PETERSON, III
Agency: Department of Education
Locations: Brooksville, Florida
Filed: Nov. 04, 2019
Status: Closed
Recommended Order on Tuesday, October 20, 2020.

Latest Update: Oct. 04, 2024
Summary: Whether Respondent violated sections 1012.795(1)(g), and (j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(c)1.,1 as alleged in the Administrative Complaint and, if so, the appropriate penalty. 1 Unless otherwise noted, all citations to the Florida Statutes and the Florida Administrative Code are to the 2017 versions in effect at the time of the alleged violations.Petitioner did not prove that Respondent was guilty of conduct that seriously reduced his effectiveness as an
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19005888_282_01122021_15012945_e



RICHARD CORCORAN,

Commissioner of Education, Petitioner,

Before the Education Practices Commission of the State of Florida


vs. EPC CASE No. 19-0282-RA

DOAH CASE No. 19-5888PL

CHARLES BROOKS, JR., PPS No. 189-0964 CERTIFICATE No. 784361

Respondent. Index No.: 20-401-FOF

/


Final Order

This matter was heard by an Administrator Panel of the Education Practices Commission pursuant to sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on December 9, 2020, in Tallahassee, Florida, via video hearing, for consideration of the Recommended Order entered on October 20, 2020, in this case by JAMES H. PETERSON, III, Administrative Law Judge. Respondent was represented by Branden

M. Vicari, Esq. Petitioner was represented by Bonnie Wilmot. Attached hereto as Exhibit A is a copy of the Recommended Order. Attached as Exhibit B is Petitioner’s Exception to Recommended Penalty and Motion to Impose Penalty

1


Ruling on Exceptions


  1. For the reasons stated in the Petitioner’s Exception to Recommended Penalty and Motion to Impose Penalty, the Petitioner’s exception to the recommended penalty is hereby accepted.

    Findings of Fact


  2. The Panel hereby adopts the findings of fact in the Recommended Order. There is competent substantial evidence to support these findings of fact.

    Conclusions of Law


  3. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

  4. The Panel hereby adopts the conclusions of law in the Recommended Order.


    Ruling on Petitioner’s Motion to Impose Penalty


  5. For the reasons stated in Petitioner’s Motion, attached hereto, argument of Petitioner’s counsel, and considering the response of Respondent’s counsel, the Commission granted Petitioner’s Exception to Recommended Penalty and Motion to Impose Penalty.

Penalty


Upon a complete review of the record in this case, it is therefore ORDERED that Respondent be issued a letter of reprimand.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 18th day of December, 2020.



NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was furnished to Charles Brooks, Jr, at 2538 West Elm Blossom Street, Beverly Hills, Florida 34465 and Branden

M. Vicari, Esquire, Herdman & Sakellarides, P.A., 29605 U.S. Highway 19 North, Suite 110, Clearwater, FL 33761 by Certified U.S. Mail, by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, P.O. Box 770088, Ocala, FL 34477 this 18th day of December, 2020.




COPIES FURNISHED TO:


Office of Professional Practices Services Bureau of Educator Certification

Superintendent, Citrus County Schools 1007 West Main Street

Inverness, FL 34450-4625


Director of Personnel Citrus County Schools 1007 West Main Street Inverness, FL 34450-4625


Timothy Frizzell

Assistant Attorney General


James H. Peterson, III Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Claudia Llado, Clerk

Division of Administrative Hearings Probation Office

EDUCATION PRACTICES COMMISSION

STATE OF FLORIDA

LISA FORBESS ANN COPENHAVER

Executive Director Chairperson

TIMOTHY FRIZZELL AADIL AMEERALLY

Legal Counsel Co-Chairperson



December 18, 2020


Charles Brooks Jr

2538 West Elm Blossom Street Beverly Hills, Florida 34465


Re: Richard Corcoran vs. Charles Brooks Jr EPC No.: 19-0282-RA; DOE No.: 784361


Dear Mr. Brooks Jr:

As you know, an administrator hearing panel of the Florida Education Practices Commission reviewed the matter pending against you in its entirety. The panel concluded during a public hearing that you violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education rules and hereby reprimands you for the conduct alleged in the Administrative Complaint, which is incorporated herein.


The Commission, composed of teachers, administrators, parents, law enforcement officials, former school board members and former superintendents, believes that educators must exercise a measure of leadership beyond

reproach. By your actions, you have lessened the reputation of all who practice the profession and have diminished your position as an educational leader. The Commission cannot condone your actions, nor can the public who employ us.


The Commission sincerely hopes it is your intention never to violate any professional obligation in fulfilling your responsibilities as an educator. To violate the standards of the profession will surely result in further action.


This letter of reprimand is being placed in your state certification file, and a copy is being sent to the Citrus County School Board for placement in your personnel file.



325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455


Docket for Case No: 19-005888PL
Issue Date Proceedings
Jan. 12, 2021 Petitioner's Exceptions to Recommended Penalty and Motion to Impose Penalty filed.
Jan. 12, 2021 Agency Final Order filed.
Oct. 20, 2020 Recommended Order (hearing held July 30 and 31, 2020). CASE CLOSED.
Oct. 20, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 05, 2020 Respondent's Proposed Recommended Order filed.
Oct. 05, 2020 Petitioner's Proposed Recommended Order filed.
Sep. 16, 2020 Order Granting Extension of Time.
Sep. 11, 2020 Motion for Extension of Time to File Proposed Recommended Orders filed.
Sep. 08, 2020 Notice of Filing Transcript.
Sep. 08, 2020 Transcript of Proceedings (not available for viewing) filed.
Jul. 30, 2020 CASE STATUS: Hearing Held.
Jul. 23, 2020 Petitioner's Notice of Filng Proposed Exhibits filed (exhibits not available for viewing).
Jul. 23, 2020 Respondent's Amended Exhibit List Filed. (exhibits not available for viewing).
Jul. 22, 2020 Joint Pre-Hearing Statement filed.
Jul. 21, 2020 Respondent's Amended Exhibit List filed.
Jul. 21, 2020 Respondent's Amended Witness List filed.
Jul. 21, 2020 Petitioner's Notice of Filing Proposed Exhibits filed.
Jul. 21, 2020 Petitioner's Amended Exhibit List filed.
Jul. 09, 2020 Order Rescheduling Hearing by Zoom Conference (hearing set for July 30 and 31, 2020; 9:00 a.m.; Brooksville).
Jul. 02, 2020 Procedural Order.
Jul. 01, 2020 Order Granting Petitioner's Unopposed Motion to Change Hearing Location.
Jun. 30, 2020 Petitioner's Unopposed Motion to Change Hearing Location filed.
Jun. 02, 2020 Order Granting Continuance and Rescheduling Hearing (hearing set for July 30 and 31, 2020; 9:00 a.m.; Brooksville).
May 29, 2020 CASE STATUS: Status Conference Held.
May 29, 2020 Notice of Telephonic Scheduling Conference (status conference set for May 29, 2020; 11:00 a.m.).
May 28, 2020 Respondent's Proposed Exhibit List filed.
May 28, 2020 Respondent's Proposed Witness List filed.
May 19, 2020 Petitioner's Exhibit List filed.
May 19, 2020 Petitioner's Amended Witness List filed.
May 15, 2020 Respondent's Notice of Serving Responses to Petitioner's Second Request for Admissions filed.
May 08, 2020 Petitioner's Notice of Taking Remote Deposition (Amanda Brooks) filed.
May 08, 2020 Petitioner's Notice of Taking Remote Deposition (Charles Brooks, Jr.,) filed.
Apr. 27, 2020 Respondent's Notice of Serving Responses to Petitioner's Request for Production filed.
Apr. 27, 2020 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Apr. 14, 2020 Second Certificate of Service of Discovery filed.
Apr. 03, 2020 Order Rescheduling Hearing (hearing set for June 16 and 17, 2020; 9:00 a.m.; Brooksville).
Apr. 01, 2020 Case Status Report filed.
Mar. 19, 2020 Order Granting Unopposed Motion to Continue Final Hearing (parties to advise status by April 15, 2020).
Mar. 18, 2020 Unopposed Motion to Continue Final Hearing filed.
Mar. 18, 2020 Petitioner's Witness List filed.
Jan. 27, 2020 Order Granting Continuance and Rescheduling Hearing (hearing set for April 22 and 23, 2020; 9:00 a.m.; Brooksville).
Jan. 16, 2020 Joint Motion to Continue Final Hearing filed.
Jan. 06, 2020 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Dec. 02, 2019 Certificate of Service of Discovery filed.
Nov. 21, 2019 Order of Pre-hearing Instructions.
Nov. 21, 2019 Notice of Hearing (hearing set for February 5, 2020; 9:00 a.m.; Inverness).
Nov. 07, 2019 Agreed Upon Response to Initial Order filed.
Nov. 05, 2019 Initial Order.
Nov. 04, 2019 Administrative Complaint filed.
Nov. 04, 2019 Election of Rights filed.
Nov. 04, 2019 Notice of Appearance (Branden Vicari).
Nov. 04, 2019 Agency referral filed.

Orders for Case No: 19-005888PL
Issue Date Document Summary
Dec. 18, 2020 Agency Final Order
Oct. 20, 2020 Recommended Order Petitioner did not prove that Respondent was guilty of conduct that seriously reduced his effectiveness as an employee, but proved that Respondent was not honest in all professional dealings. No further penalty recommended.
Source:  Florida - Division of Administrative Hearings

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