STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, ) DEPARTMENT OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1441

)

DIANE E. LADSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Office with the Division of Administrative Hearings, on September 10, 1981. The hearing was conducted in Room "B", Haydon Burns Library, 122 North Ocean Street, Jacksonville, Florida, commencing at 10:00 a.m. This Recommended Order is being entered after receipt of the transcript on September 18, 1981.

APPEARANCES

For Petitioner: L. Haldane Taylor, Esquire

1902 Independent Square

Jacksonville, Florida 32202

For Respondent: William J. Sheppard, Esquire

215 Washington Street Jacksonville, Florida 32202

ISSUES

This case concerns the administrative prosecution by the Petitioner against the Respondent through an Administrative Complaint and amendment to that Administrative Complaint.

The original statement in the Administrative Complaint accuses the Respondent of purchasing a forged transcript, which transcript indicated that the Respondent had completed requirements for a masters degree from the Florida A & M University and had received that degree, and that the Respondent in turn used the forged transcript to fraudulently receive a certification from the Florida Department of Education, Office of Certification, to the effect that the Respondent purportedly violate Section 231.28, Florida Statutes, in particular, for reason that the Respondent has committed an act of gross immorality, used fraudulent means to secure a teacher's certificate, and engaged in conduct which seriously reduces her effectiveness. The Respondent is also accused of violating Section 231.09, Florida Statutes, for failing to provide a proper example for students and to have violated Chapter 6B-1, Florida Administrative Code, by not practicing her profession at the highest ethical standard.

By amendment to the Administrative Complaint, the Respondent is also accused of violating Subsection 231.28(1), Florida Statutes, by being charged with uttering a forgery and for that charge being adjudicated guilty of a felony and placed on three years' probation, due to her plea of nolo contendere to felony charges. Adjudication in this matter allegedly was made on August 3, 1981.

FINDINGS OF FACT

1. The Petitioner, by Administrative Complaint and the amendment to that complaint, attempts to discipline the Respondent by action in revocation or suspension of the teacher's certificate of Diane E. Ladson, or other appropriate action. The Respondent having been afforded the opportunity for a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, availed herself of that opportunity and the formal hearing was conducted on September 10, 1981.

   
   

2. At present the Respondent is the holder of a teacher's certificate issued by the State of Florida, Department of Education, No. 377074, issued on July 30, 1979, and valid through June 30, 1979.

   
   

3. The actual transcript of credit hours earned from Florida A & M University may be found in Petitioner's Exhibit No. 4.

   
   

4. At present, the Respondent is an employee of the Duval County, Florida, School System. She was hired to work as a teacher in Duval County on August 14, 1975. On August 14, 1979, she presented the masters level certificate issued by the Florida Department of Education to the officials in Duval County, which was an upgrade in her status and, through the presentation of this credentials change, it ostensibly entitled her to approximately $1,000.00 additional compensation. This was the amount to be paid in the 1979-80 school year and through August 1980 of the 1980-81 school year, and is a pay differential between this teacher at the masters level rank of certification as contrasted with the teacher at a bachelors level of certification employed by the Duval County School System. The exact differential is that between $9,725 and $10,550 per year. Ladson in fact received $998.25 additional compensation, which she had not repaid.

   
   

5. Since the time of her involvement in the purchase of an illegal graduate degree, the Respondent has been charged in the Circuit Court in Leon County, Florida, under the provisions of Section 831.02, Florida Statutes, with uttering a forgery, a third degree felony and entered a nolo contendere plea to that offense. For this plea, the defendant was adjudged guilty and placed on probation for a period of three (3) years. The terms of disposition of the Respondent's case may be found in Petitioner's Exhibit No. 17, admitted into evidence, which is a copy of the judgment of guilt and placement of the defendant on probation.

   
   

6. At present, the Respondent is being used as a substitute teacher in the Duval County School System and as an employee in the library services of that school system. Her most recent evaluation, as well as those evaluations made of her performance during the pendency of her service with the Duval County School System, has shown her to be a satisfactory employee.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

8. The Petitioner, at the commencement of the formal hearing in this cause, requested leave to amend the Administrative Complaint to include an allegation of a violation of Subsection 231.28(1), Florida Statutes, due to the charge of forgery against the Respondent and the indication that the Respondent had been adjudged guilty of a felony, and placed on three years' probation following her plea of nolo contendere to a felony charge. After consideration of that motion, the Petitioner was allowed to make the aforementioned amendment to the Administrative Complaint.

   
   

9. As a part of its presentation, the Petitioner had offered the prehearing depositions of the witnesses Hardy Paul, Dr. Garfield Wilson, Scott Hunt and Dale E. Croy. Those depositions were accepted and became a part of this record. In addition, the exhibits attached to the depositions are admitted in series and shall carry those numbers as affixed at the time of the deposition, with the exception that the entire deposition package alluded to herein becomes the Petitioner's Composite Exhibit No. 1 and the attached exhibit in the deposition of Hardy Paul which carried the number Petitioner's Exhibit No. 1, now becomes Petitioner's Exhibit No. 1A.

   
   

10. The original Administrative Complaint alleged that the Respondent in 1979 purchased a forged transcript indicating her compliance with all requirements for the issuance of a masters degree from Florida A & M University and with receiving that advanced degree. It was further stated that Respondent used that forged transcript to fraudulently receive a certificate from the Florida Department of Education, teacher's certificate No. 377074 indicating a masters degree level. According to the Petitioner, those matters constituted certain violations of Section 231.28, Florida Statutes.

    
    

11. The facts found herein comport with the allegations made in the Administrative Complaint and are such that the Respondent has been shown to have committed an act of gross immorality and used a fraudulent means to secure a teacher's certificate within the meaning of Section 231.28, Florida Statutes, and is subject to the penalties set forth in that section. It has also been alleged that the facts of the case demonstrate that the Respondent has engaged in conduct which seriously reduces her effectiveness as a teacher. The proof in this instance does not sustain that allegation and the Respondent is not found to have violated that provision of Section 231.28, Florida Statutes, which refers to violations for engaging in conduct which seriously reduces the effectiveness of a teacher.

    
    

12. The facts as referenced in this discussion also are deemed by the Petitioner to be violations of Section 231.09, Florida Statutes, in that the Respondent has failed to provide a proper example for students by her conduct of purchasing a forged transcript and using that transcript to obtain her current teacher's certificate. The facts are such that it is concluded as a matter of law that the Respondent has failed to provide a proper example for students, in violation of Section 231.09, Florida Statutes. Likewise, as required in Chapter 6B-1, Florida Administrative Code, the Respondent, in the face of the facts as proven in this case, has not practiced her profession at the highest ethical standard and is found to have violated that provision as alleged. Although the Respondent has violated the provisions set forth in this paragraph, the provisions do not have associated penalties set forth in the provisions, and Section 231.28, Florida Statutes, does not by its terms establish penalties for the subject provisions in this paragraph. Therefore, penalties may not be imposed for violations set forth in this paragraph.

13. The amendment to the Administrative Complaint refers to Subsection 231.28(1), Florida Statutes, and the alleged felony violation of the Respondent for uttering a forgery, that forgery dealing with the utilization of an alleged bogus transcript for the purpose of obtaining certification at a masters level and the fact that the Respondent reportedly was adjudicated guilty of that felony and placed on three years probation in the fact of her nolo contendere plea to the felony charge. The Respondent did in fact enter this plea and was adjudicated guilty and given three years probation, and for this reason has violated the provisions of Subsection 231.28(1), Florida Statutes related to conviction of felonies and is subject to the penalties set forth in that section.

    
    

14. These violations as have been established, pertain to one incident and, as such, would allow an assessment of penalties for each of the individual offenses only on a concurrent basis when imposing penalties for each individual violation, as opposed to the possibility of consecutive penalties for each violation proven.

RECOMMENDATION

Based upon the foregoing, it is RECOMMENDED that the license rights of the Respondent to teach in the State of Florida and the associated certificate No. 377074 be permanently revoked for the violations as established herein.1

DONE AND ENTERED this 16th day of October 1981 in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

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

ENDNOTE

1/ The Petitioner has submitted a proposed recommended order. This proposal has been reviewed prior to the entry of this Recommended Order. To the extent that the proposed order is consistent with this Recommended Order, it has been utilized. To the extent that the proposed order is inconsistent with this Recommended Order, it is rejected.

COPIES FURNISHED:

L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202

William J. Sheppard, Esquire

215 Washington Street Jacksonville, Florida 32202

Docket for Case No: 81-001441

Orders for Case No: 81-001441