STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-981

) PARTICUS B. BLACKSHEAR, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this matter on June 8, 1981, at St. Petersburg, Florida. The following appearances were entered: J. David Holder, Tallahassee, Florida, for the Petitioner, Education Practices Commission; and Howard P. Rives, Clearwater, Florida, for the Respondent, Particus B. Blackshear, Jr.

On or about February 17, 1981, the Florida Commissioner of Education issued an Administrative Complaint against the Respondent, Particus B. Blackshear, Jr. An Amended Administrative Complaint was issued March 30, 1981, and the matter was forwarded to the office of the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a hearing on April 2, 1981. The Respondent filed an Answer on April 20. The final hearing was scheduled to be conducted as set out above by notice dated May 5, 1981.

Petitioner called the following witnesses at the final hearing: William Stanley Moore, the Associate Superintendent of the Pinellas County School System; and Marlene T. Greenfield, a consultant employed by the Florida Department of Education. The Respondent testified as a witness on his own behalf. Petitioner's Exhibits 1-13 and Respondent's Exhibit 1 were received into evidence. The parties have submitted post-hearing legal memoranda, including proposed findings of fact and conclusions of law. Proposed findings of fact and conclusions of law have been adopted only to the extent that they are specifically set out in this Recommended Order. Otherwise they have been rejected as being either irrelevant to the issues or not supported by the evidence.

The issue in this proceeding is whether the Respondent has violated the provisions of Section 231.28, Florida Statutes, and, if so, whether his teaching certificate should be suspended or revoked.

FINDINGS OF FACT

1. Prior to May 9, 1979, the Respondent held a rank III teacher's certificate issued by the Respondent. The Respondent met, and continues to meet, all requirements for rank III certification. The Respondent was employed in an instructional capacity with the Pinellas County School System from 1970 through June, 1980. The Respondent consistently received excellent evaluations during his tenure with the Pinellas County School System.

2. On February 5, 1979, the Respondent made application to the State Department of Education, Teachers Certification Section, for a rank II teacher's certificate. While it does not appear that the Respondent actually filed the application, it was filed on his behalf and with his knowledge, and he was responsible for its being filed. The application included a transcript of course work which reflected that the Respondent had received a Masters of Education Degree from Florida A&M University on December 15, 1978. The transcript was a forgery. The Respondent had completed some course work toward a Masters Degree, but not nearly sufficient hours of courses to entitle him to a Masters Degree.

   
   

3. A friend of the Respondent who was employed at Florida A&M University prepared the false transcript for the Respondent. The Respondent paid this individual $300.00, loaned him $700.00, and provided him with seafood, free lodging and football tickets as compensation for the forged transcript. The Respondent's testimony that the money, loan, and other items were not related to the forged transcript ha been found not credible.

   
   

4. The Respondent signed the application, which was supported by the forged transcript. The following statement is set out above his signature:

   
   

   I understand 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... I further certify that all information pertaining to this application is true and correct.

   
   

   The signature is notarized as having been sworn to and subscribed.

   
   

5. On May 9, 1979, the Department of Education issued a rank II teacher's certificate to the Respondent. The Respondent was not eligible for rank II certification, and he obtained the certificate by fraudulent means.

   
   

6. The Respondent filed the rank II certificate with his employer, the Pinellas County School Board, on or about June 13, 1979. As a result, the Respondent obtained an increase in pay retroactive to December 15, 1978. While the Respondent never held any position with the Pinellas County School Board that he would not have been eligible to hold under his rank III certification, he received a total of $1,606.85 in additional compensation based upon the rank II certification. The Respondent would not have received this additional income without submitting the rank II certificate to his employer.

   
   

7. During July, 1980, state prosecuting authorities questioned employees of the Pinellas County School Board and the Respondent with respect to his rank II certificate. The Respondent confessed to having received the rank II certificate by fraudulent means. Following the confession the Respondent made full restitution of the $1,606.85 to the Pinellas County School Board. The Respondent was thereafter arrested and charged with grand theft in Pinellas County, Florida, and with forgery and bribery in Leon County, Florida. The charges in Leon County were dropped after the Respondent entered a plea of no contest to the Pinellas County charges. He was adjudicated guilty of the felony of grand theft on October 27, 1980, and placed on three years' probation. The

   Respondent had been suspended from his employment, and he resigned following his conviction.

   
   

8. Several newspaper articles appeared relating to the charges filed against the Respondent and his conviction. The Respondent's effectiveness as an employee of the Pinellas County School System, and as a teacher, has been seriously reduced as a result of his misconduct.

   
   

9. The Respondent was cooperative with authorities in connection with the criminal investigation. The Respondent is remorseful, realizes the gravity of his misconduct, and is susceptible of rehabilitation. The Respondent has not been subject to any disciplinary action as a teacher, or through any criminal prosecutions prior to this incident. It does not appear likely that the Respondent will engage in such conduct in the future.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.60, Florida Statutes.

    
    

11. Section 231.28, Florida Statutes, provides in pertinent part:

    
    

    The Education Practices Commission shall have authority to suspend the

    teaching certificate of any person . . . for a period of time not to three years

    . . . . to revoke the teaching certificate of any person, thereby denying him the right to teach for a period of time not to exceed ten years

    . . . or to revoke permanently the teaching certificate of any person, provided:

    1. It can be shown that such person obtained the teaching certificate by fraudulent means . . . has been guilty of gross immorality or an act involving moral turpitude . . . 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 . . . .

       
       

       It has been established that the Respondent obtained his rank II teaching certificate by fraudulent means, that his conduct is an act involving moral turpitude, that he has been convicted of a felony, and that he is guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.

       
       

12. Because of the statutory violations, and because he was never eligible to receive it, the Respondent's rank II teaching certificate should be permanently revoked. It appears that were he to apply for it, the Respondent would be eligible to receive a rank III teaching certificate. It is appropriate

that his eligibility to receive such a certificate be revoked for a period of five years, and that he thereafter be eligible for reinstatement in accordance with the provisions of Section 231.28(4)(b), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the Education Practices Commission enter a final order permanently revoking the rank II teaching certificate that had been issued to the Respondent, Particus B. Blackshear, Jr.; and that the Respondent's eligibility for any teaching certificate be revoked for a period of five years, subject to reinstatement only in accordance with the provisions of Section 231.28(4)(b), Florida Statutes.

RECOMMENDED this 16th day of July, 1981 in Tallahassee, Florida.

COPIES FURNISHED:

J. David Holder, Esquire MacFarlane, Ferguson, Allison

& Kelly

700 Lewis State Bank Building Post Office Box 1548 Tallahassee, Florida 32302

Howard P. Rives, Esquire Suite 1000

600 Cleveland Street

Clearwater, Florida 33515

Mr. Donald L. Griesheimer Executive Director

Education Practices Commission

125 Knott Building Tallahassee, Florida 32301

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 1981.

Docket for Case No: 81-000981

Orders for Case No: 81-000981