STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, ) DEPARTMENT OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2186

)

KENNETH HUMPHREY, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on July 12, 1978. The proceedings were transcribed and, on August 8, 1978, the Division of Administrative Hearings received a copy of the transcript.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida 32301

For Respondent: Respondent appeared in propria persona.

By petition for revocation of teaching certificate dated July 29, 1977, petitioner alleged that "on Friday, May 16, 1976, between 3:00 p.m. and 5:00

1. [respondent] took a female student assigned to him as one of his 450 counselees to his residence, offered her marijuana and something alcoholic to drink, had sexual intercourse with her one time and attempted sexual intercourse with her a second time "

   
   

   FINDINGS OF FACT

   
   

   1. Respondent Kenneth D. Humphrey holds a postgraduate rank II teaching certificate, No. 302258, issued by the Department of Education.

      
      

   2. In the spring of 1975, respondent was employed as a counselor at Palmetto Senior High School in Dade County, Florida. Judith Ann Ewerling was a tenth grade student at the school, and one of respondent's counselees.

      
      

   3. On May 16, 1975, respondent invited Ms. Ewerling to lunch. They left the school parking lot together in respondent's car. Respondent drove to his house ostensibly to pick up some papers. When they arrived, respondent invited Ms. Ewerling inside, offered her a drink, saying he didn't have any mixers, and asked her if she smoked marijuana. Marijuana was on the premises in plain view. He then announced he was going to ravish Ms. Ewerling's body. An hour and a

      half of sexual activity, including respondent's ejaculation of semen into Ms. Ewerling, then ensued.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Petitioner established grounds for disciplinary action against respondent's teaching certificate by demonstrating that respondent was "guilty of . . . an act: involving moral turpitude . . . [and] otherwise violated the provisions of law." Section 231.28(1), Florida Statutes (1977).

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's teaching certificate.

DONE and ENTERED this 15th day of August, 1978, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida 32301

Mr. Kenneth D. Humphrey 15245 S. W. 108th Court Miami, Florida 33157

Docket for Case No: 77-002186

Orders for Case No: 77-002186