STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION, ) and RALPH TURLINGTON, )

COMMISSIONER OF EDUCATION, )

)

Petitioners, )

)

vs. ) CASE NO. 82-1468

)

BARRY L. HOSTETLER, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on December 8, 1982, in Lakeland, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented on an Administrative Complaint which alleges that the Respondent, Barry L. Hostetler, violated Section 231.28, Florida Statutes, by having pled guilty to two counts of child molestation in 1978, for which the Respondent was placed on five years probation.

APPEARANCES

For Petitioners: Roy L. Glass, Esquire

1400 66th Street, North, Suite 480 Post Office Box 10008

St. Petersburg, Florida 33733

For Respondent: Was not represented and did not appear.

Petitioners filed proposed findings, and the Respondent filed a letter with enclosures. Said enclosures were not read or considered by the Hearing Officer, the record having been closed at the conclusion of the hearing. Copies of the letter and enclosures were made available to Counsel for the Petitioners. The Petitioners' proposed findings were read and considered. The following findings include many of those proposed findings. To the extent that other findings have not been included, they are rejected as being irrelevant to the charges against Respondent.

FINDINGS OF FACT

1. Respondent Hostetler holds Certificate #432348 covering the areas of business education, physical education, and administration and supervision. Said certificate is valid through 1987.

   
   

2. On or about October 2, 1978, Respondent pled guilty to child molestation in the State of Georgia and was placed on five years probation by the Superior Court of Fulton County, Georgia. See Exhibit 4.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has authority to hear this case and enter this Recommended Order pursuant to Section 120.57(1), Florida Statutes. The Education Practices Commission has jurisdiction to discipline persons holding teaching certificates pursuant to Section 231.28, Florida Statutes.

   
   

4. The Administrative Complaint charges Respondent with having been arrested for child molesting and distribution of obscene literature on or about February 25, 1978, and with being arrested on July 21, 1978, for child molesting. The Administrative Complaint further charges that Respondent pled guilty to the charges of child molesting arising from the July 21, 1978, arrest and was sentenced to five years' probation. The Administrative Complaint alleges that this conduct violates Section 231.28, Florida Statutes.

   
   

5. The arrest of a person for any offense is not probative of misconduct. The allegations and proof of Respondent's arrest in February of 1978, are not probative of misconduct under Section 231.28, Florida Statutes. Further, there is no evidence that the Respondent pled guilty to these charges, forfeited bond on these charges or otherwise admitted his guilt. Respondent's arrest, although proven, does not constitute a violation of Section 231.28, Florida Statutes.

   
   

6. The plea of guilt is the highest form of proof of one's violation of the criminal law. The records produced at the hearing reflect that Respondent pled guilty to the offense of child molestation. This crime is one of moral turpitude and relates directly to the ability of the Respondent to teach school effectively. This is proof of the Respondent's violation of Section 231.28, Florida Statutes.

RECOMMENDATION

Having found the Respondent, Barry L. Hostetler, guilty of violating Section 231.28, Florida Statutes, it is recommended that the teaching certificate of the Respondent be revoked.

DONE and RECOMMENDED this 11th day of January, 1983, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, 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 11th day of January, 1983.

COPIES FURNISHED:

Roy L. Glass, Esquire 1400 66th Street, North, Suite 480

Post Office Box 10008

St. Petersburg, Florida 33733

Mr. Barry L. Hostetler

360 24th Street, NW, #1031 Winter Haven, Florida 33880

Donald L. Griesheimer, Director Education Practices Commission

319 West Madison Street, Room 3 Tallahassee, Florida 32301

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

RALPH D. TURLINGTON, as

Commissioner of Education, Petitioner,

vs. CASE NO. 82-1468

BARRY L. HOSTETLER,

Respondent.

/

FINAL ORDER

Respondent, Barry L. Hostetler, holds Florida teaching certificate number 432348. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the certificate.

Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Panel pursuant to Section 120.57(1), F.S. it is attached to and made a part of this Order.

A panel of the Education Practices Commission met on March 23, 1983 in Tallahassee, Florida to take final agency action. The Petitioner was represented by Roy L. Class, Esquire. The Respondent represented himself. The panel has reviewed the entire record in the case.

The panel adopts the Findings of Fact and Conclusions of Law of the Recommended Order.

The panel understands the Hearing Officer to have recommended the maximum penalty against the Respondent. Section 231.28, F.S. provides for revocation for a period of time up to tend years, or for permanent revocation. The panel agrees that permanent revocation is appropriate.

IT IS THEREFORE ORDERED that certificate number 432348 of Barry L. Hostetler is hereby PERMANENTLY REVOKED.

DONE AND ORDERED this 1st day of April, 1983.

Carolyn Wilson, Presiding Officer

Filed in the records of the Education Practices Commission this 11th day of April, 1983.

Donald L. Griesheimer, Clerk

COPIES FURNISHED:

Arthur Walberg, Esquire Attorney General's Office

Ms. Marlene T. Greenfield Professional Practices Services

Ms. Judith Brechner General Counsel Department of Education

Mr. Barry L. Hostetler

360 24th Street, Northwest Number 1031

Winter Haven, Florida 33880

Roy T. Glass, Esquire Post Office Box 40788

St. Petersburg, Florida 33743

Mr. R. Clem Churchwell, Superintendent Polk County School System

Post Office Box 391 Bartow, Florida 33830

Mr. Stephen F. Dean Hearing Officer, D.O.A.H.

Docket for Case No: 82-001468

Orders for Case No: 82-001468