STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, ) DEPARTMENT OF EDUCATION, STATE ) OF FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2440

)

JUDY D. LINDER, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at West Palm Beach, Florida, on March 6, 1980, before Thomas C. Oldham, Hearing Officer.

APPEARANCES

For Petitioner: Craig R. Wilson, Esquire

315 Third Street

West Palm Beach, Florida For Respondent: Appeared in own behalf

ISSUE PRESENTED

Whether Respondent's teaching certificate should be revoked pursuant to Chapter 231, Florida Statutes, as set forth in petition, dated November 8, 1979. She is charged with obtaining a Florida substitute teaching certificate by fraudulent means and of grossly immoral conduct.

Respondent Judy D. Linder appeared at the hearing unaccompanied by legal counsel or other representative. Her rights in an administrative proceeding were explained to her by the Hearing Officer and she acknowledged that she understood such rights. She elected to represent herself at the hearing.

At the commencement of the hearing, the parties advised the Hearing Officer that the Respondent admitted the barges against her and did not desire to contest the allegations contained in the petition. The Respondent agreed to this arrangement pursuant to an understanding with Petitioner that it would recommend disciplinary action consisting of suspension of her teaching certificate for a period of one year to the State Board of Education.

Respondent was advised by the Hearing Officer as to her rights to contest the allegations, but Respondent stated that she did not desire to do so.

Accordingly, the matter was tried as an uncontested proceeding, pursuant to Rule 28-5.25(5), Florida Administrative Code.

Petitioner presented documentary evidence in support of its allegations and the sole witness at the hearing was the Respondent who testified as to matters in mitigation and extenuation. (Petitioner's Exhibit 1).

FINDINGS OF FACT

1. On January 7, 1975, Respondent pleaded guilty to petit larceny in violation of Section 811.021(1)(d), Florida Statutes, in the Duval County Court, and was convicted of the offense and sentenced to pay a fine of $50.00, plus court costs. The offense involved taking unpurchased merchandise consisting of infant wear and two pairs of hose from a department store with intent to convert the same to personal use. (Petitioner's Exhibit 2)

   
   

2. On June 5, 1975, Respondent was found guilty in the County Court of Duval County of violating driver license restrictions in violation of Section 322.16, Florida Statutes. She was sentenced to pay a fine in the amount of

   $15.00, plus court costs. (Petitioner's Exhibit 3)

   
   

3. On March 1, 1977, Respondent pleaded guilty to the offense of petit larceny in violation of Section 812.021(1)(d), Florida Statutes, in the County Court of Duval County, and was sentenced to be imprisoned in the county jail for a term of 30 days, plus payment of court costs. The offense involved taking unpurchased merchandise consisting of one bottle of lotion from a discount store with intent to convert the merchandise to personal use. (Petitioner's Exhibit 4)

   
   

4. On August 9, 1978, the State Department of Education received an application for a substitute teacher's certificate from Respondent. Section V of the application read as follows:

   
   

   "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations? Yes No . If yes, give details below."

   
   

   The word "No" was checked on the application. Section VI of the application included a signed notarized statement that the applicant understood that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means. It further stated "I further certify that all information pertaining to this application is true and correct." (Petitioner's Exhibit 5)

   
   

5. On September 21, 1978, Respondent was issued Florida Substitute Teaching Certificate No. 441949, Substitute, Sank 3, valid through June 30, 1988. (Petitioner's Exhibit 6)

   
   

6. Respondent testified that she had falsified her application for certification because she was "afraid." She further testified that she is now married and has a family and that she has rehabilitated herself. She desires to retain her certificate and work toward obtaining a full-time teacher's certificate in the future. She is presently employed as a teacher's aide at an elementary school in Boynton Beach, Florida. (Testimony of Respondent)

   CONCLUSIONS OF LAW

   
   

7. The petition alleges that grounds for disciplinary action exist under the provisions of Section 231.28, Florida Statutes, in that Respondent obtained her substitute teaching certificate by fraudulent means. It further alleges that Respondent has been guilty of conduct which is grossly immoral and has violated Section 231.09, Florida Statutes, and Chapter 6B-1, Florida Administrative Code, in not setting a proper example for students and that her conduct was sufficiently notorious to bring her and the education profession into public disgrace and disrespect.

   
   

8. The uncontroverted evidence, together with Respondent's admission of guilt, establish that she obtained her substitute teaching certificate by fraudulent means in failing to disclose the fact of her prior convictions of criminal offenses. The convictions themselves, of course, cannot be considered as grounds for disciplinary action since they predated her certification as a substitute teacher. Accordingly, the allegations under Section 231.09, F.S., and Chapter 6B-1, F.A.C., are not considered to be in issue in this proceeding.

   
   

9. Respondent's acknowledgment of her past misdeeds and her desire to continue in the teaching profession are considered to be sincere and well intentioned. The Hearing Officer does not consider himself bound by the informal agreement between the parties as to a proposed penalty to be recommended to the State Board of Education by the Professional Practices Council since the case was not withdrawn from administrative hearing. Nevertheless, the agreed recommended penalty of suspension of Respondent's substitute teaching certificate for a period of one year is considered to be adequate and appropriate under the circumstances of the case.

RECOMMENDATION

That Respondent's substitute teaching certificate be suspended for a period of one year pursuant to Section 231.28, Florida Statutes.

DONE and ENTERED this 6th day of May, 1980, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Craig R. Wilson,

315 Third Street

West Palm Beach, Florida

Hugh Ingram, Administrator Professional Practices Council Room 3, 319 West Madison Street

Tallahassee, Florida 32301

Ms. Judy D. Linder

719 Executive Center Drive Apartment 205-E

West Palm Beach, Florida 33401

Docket for Case No: 79-002440

Orders for Case No: 79-002440