February 20, 1980.
For Petitioner: L. Haldane Taylor, Esquire
For Respondent: Robert M. Harris, Esquire
Whether the license of the Respondent should be revoked, or whether a lesser penalty should be imposed.
Respondent, William T. Simpson, who holds Florida Teaching Certificate No. 94266, was suspended without pay from his position as principal of the Adult Division, St. Augustine Technical Center, St. Augustine, Florida on May 28, 1979, by W. Douglas Hartley, District School Superintendent, St. Johns County, Florida, pursuant to charges that Respondent misappropriated funds (Transcript, Page 54). Petitioner, Professional Practices Council, conducted an investigation, and its Executive Committee found probable cause to believe Respondent was guilty of acts providing grounds for revocation of his teaching certificate. The Executive Committee recommended to the Commissioner of Education that he find probable cause existed to believe that Respondent committed acts which provided grounds for revocation of Respondent's teaching certificate. The Commissioner found probable cause and directed that the "Petition for the Revocation of Teacher's Certificate" be filed. Respondent denied the material allegations and requested an administrative hearing.
Subsequent to his suspension on May 28, 1979, Respondent resigned his position with the St. Johns County School Board and made restitution to the school board in the amount of $2,073.43. At the time of the administrative hearing Respondent was teaching at Edward Waters College in Jacksonville, Florida, which requires no state teaching certificate (Transcript, Page 79).
Prior to commencement of the hearing, the parties filed the following instrument, which is copied in toto for clarity:
JOINT STIPULATION AS TO JURISDICTIONAL MATTERS, MATERIAL ALLEGATIONS, AND CONCLUSIONS OF LAW
The Petitioner, Professional Practices Council, and Respondent, William T. Simpson, by and through their undersigned attorneys, jointly stipulate to the below-listed matters and consent to the admission of this Stipulation as evidence at the formal hearing of this cause scheduled for February 20, 1980, and pursuant to their stipulation and agreement, would state:
JURISDICTIONAL MATTERS
That the evidence would show that the Commissioner of Education, Ralph D. Turlington, pursuant to Section 231.18, Florida Statutes, and Section 6A-4.37, Rules of the State Board of Education, by letter dated October 1, 1979, found probable cause existed and directed the filing of this Petition for the Revocation or Suspension of teacher certificate.
That pursuant to Section 6A-4.37, Rules of the State Board of Education, Petitioner has authority to file the Petition at issue in this cause.
MATERIAL ALLEGATIONS
That, on or about April 25, 1979, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $95.00, collected by Dick Reis for a class in natural childbirth when these funds were placed in his care.
That during the 1978-1979 school year, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $45.00 turned in to him by Doris Blackshear which were fees for a slimnastics class.
That, during the 1977-78 school year, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $105.00 which were fees collected from the chemistry for nurses
class and had been placed in his care and custody.
That, during the winter of 1978, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $75.25 from the sale of books for the chemistry class for nurses and which had been placed in his care and custody.
That, during the 1978-79 school year, William T. Simpson failed to turn in or deposit into the St. Augustine Technical Center internal accounts fund registration monies received from 1) Mary Hutchins, 2) Clement Hutchins, 3) Carrie Jones, 4) Alice Terry, 5) Tammy Hill, 6) Sharon Wheeler, 7) Sandra Pomar, 8) Pauline Brown, 9) Shirley Gatchell, 10) Marge Supinger, 11) Shirley Foster, 12) Mary Robinson, 13) Enid Taylor,
14) Marie Peterson, 15) Mary Robinson, 16) Margaret Darty, and 17) Christopher Tipton, totaling approximately $545.00, which had been personally received by him.
CONCLUSIONS
That the Petitioner and Respondent stipulate that the above-alleged stipulated facts are in violation of Section 6B-1 and Section 6B-5, Rules of the State Board of Education and St. Johns County School Board policies 9.24(6)(a)(7)(8)(9).
That Respondent has made restitution to the St. Johns County School Board in the amount of $2,073.43.
A "Motion to Strike and Answer of Respondent," filed by the Respondent on December 13, 1979, was withdrawn by Respondent, and allegations number 5 and number 7 of the Petition for Revocation of Teaching Certificate were dismissed. A ruling on the Motion to Dismiss allegation number 8, which alleged Respondent made telephone calls for which he did not pay was reserved and thereafter the Motion was denied.
Petitioner called as witness the business manager of the St. Augustine Technical Center, who identified a telephone log entered into evidence as Petitioner's "Composite Exhibit 1" without objection. Many long distance calls were made between 1977 and 1979 by Respondent Simpson to telephone number 387- 1435 in Jacksonville, Florida. Sixty-two (62) calls were unlogged, and forty
(40) calls were logged. The telephone number was traced to Jacksonville in Duval County and found to be registered in the name of a woman introduced by Respondent Simpson variously as his friend and companion and his fiance' (Transcript, Pages 18, 33 and 42). These personal long distance telephone calls totaled $74.79, and Respondent has not reimbursed the St. Johns County School Board for these calls.
The Petitioner, Professional Practices Council, has recommended that a final order be entered revoking Respondent's teaching certificate for a period
of ten (10) years. Respondent has recommended that his privilege to act as an administrator in the State of Florida be suspended for a period of two (2) years.
In mitigation of penalty, Respondent Simpson presented six (6) character witnesses. The Superintendent of Schools had known Respondent since about 1961 and had had no complaints of his classroom work as a high school English teacher or thereafter when Respondent was moved to administer the adult program until the problem of misappropriating funds came to the superintendent's attention. The superintendent would not employ the Respondent again in the adult education program or as an administrator, but hopes that Respondent has learned a lesson and after a probationary period would be agreeable to placing him in a classroom as a teacher (Transcript, Page 51). A member of the Board of Education would have no reservations about sending his children into a class taught by Respondent Simpson but would not like to have him as an administrator handling money (Transcript, Page 59). The Director of the Vocational, Technical Adult Program at St. Augustine Technical Center felt that Respondent Simpson had done an excellent job until the last eighteen (18) months of his administration, when his domestic problems caused him to reach a plateau and lose interest in his work (Transcript, Pages 61 and 62). The Director did not consider the taking of funds by Respondent Simpson "an insignificant mistake," but looked at the total picture of the man and would have no reservation about sending his children into a classroom where Respondent was teaching. The Supervisor of Secondary Instruction for the school board holds Respondent Simpson in high esteem as a teacher and, except for handling money, feels Respondent is a good administrator. An associate dean at St. Johns River Community College had found Respondent helpful and a good educator. Respondent Simpson's minister felt he was concerned about the students he instructed and worked well with the parents (Transcript, Page 74).
Petitioner, Professional Practices Council, and Respondent Simpson submitted proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in or are inconsistent with factual findings in this order they have been specifically rejected as being irrelevant or not having been supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.
Section 231.09 Duties of instructional personnel.-- provides:
Members of the instructional staff of the public schools, subject to the rules and regulations of the state board and of the school board, shall perform the following functions:
(2) EXAMPLE FOR PUPILS.--Labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and embrace every opportunity to inculcate, by precept and example, the principles of truth, honesty and patriotism and the practice of every Christian virtue.
Respondent Simpson failed to labor faithfully and failed to set a good example for pupils by stealing or embezzling funds belonging to the school for which he worked. He further violated the foregoing statute by making many personal long distance telephone calls and charging them to the school.
Section 231.28 Suspension or revocation of certificates.-- provides:
The Department of Education shall have authority to suspend the teaching certificate of any person for a period of time not to exceed 3 years, thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (4); or to revoke permanently the teaching certificate of any person, provided:
It can be shown that such person obtained the teaching certificate by fraudulent means, or has proved to be incompetent to teach or to perform his duties as an employee of the public school system,
or to teach in or to operate a private school, or has been guilty of gross immorality or an act involving moral turpitude, or had had his certificate revoked in another state, or has been convicted of a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation, or upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board, or has
otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the regulations of the State Board of Education or the school board in the district in which he is employed . . .
(4)(a) The teaching certificate which has been suspended under this section is automatically reinstated at the end of the suspension period, provided such certificate
did not expire during the period of suspension. If the certificate expired during the period of suspension, the holder of the former certificate may secure a new certificate by making application and by meeting the certification requirements of the state board current at the time of the application for the new certificate.
(b) The person whose teaching certificate has been revoked, as provided in this section, may apply for a new certificate at the expiration of that period of ineligibility as
fixed by the State Board of Education by making application and by meeting the certification requirements of the state board current at the time of the application for the new certificate . . .
Subsection (2) of Section 231.28 provides in pertinent part:
. . . the written acknowledgment, duly witnessed of offenses listed in subsection (1), to the superintendent or his duly appointed representative or to the school board shall be prima facie proof of grounds for revocation of the certificate . . .
The Department of Education has the authority to revoke or suspend the teaching certificate of Respondent Simpson since it has been shown and admitted by Respondent that he collected money for school services and failed to transfer it to the school to which it belonged. After extensive investigation by the school it was shown that Respondent charged his personal long distance telephone calls to his employer. Misappropriating funds on numerous occasions over a period of years is "an act involving moral turpitude," and Respondent Simpson is "guilty of gross immorality" in violation of the foregoing statute. The time consuming extensive investigation on the part of public school employees brought about by the misconduct of Respondent, and the statements at the hearing that Respondent should no longer be in an administrative position or in a position to handle public money show that his conduct seriously reduces his effectiveness as an employee of the school board, contrary to the foregoing statute.
In Chapter 6B-1 of The Code of Ethics of the Education Profession in Florida, Section 6B-1.03 Commitment to the Public, Principle II. provides:
In fulfilling his obligation to the public, the educator-- . . .
(d) Shall not use institutional privileges for private gain . . .
Respondent Simpson used his position in the institution to collect money for his private gain.
In Chapter 6B-5 of the Code, Section 6B-5.01 General. provides:
The standards listed in this chapter are held to be the generally accepted minimal standards of the education profession in Florida . . .
Section 65-5.03 Administrative and Supervisory Requirements. provides:
Competent educators must possess the abilities and skills necessary to the designated task. Therefore,
Each educator shall:
keep records for which responsible in accord with law and accepted practices of school system, . . .
Respondent Simpson has the ability necessary for his designated task but violated the standards by his failure to keep records for which he was responsible. The keeping of such records "in accord with law and accepted practices" would have disclosed to other employees his malfeasance.
Copies of the St. Johns County School Board Policies were not submitted to the Hearing Officer, but Respondent Simpson admitted in the foregoing Stipulation that he violated certain enumerated policies.
