STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RALPH D. TURLINGTON, AS )

COMMISSIONER OF EDUCATION ) (EDUCATION PRACTICES COMMISSION), )

)

Petitioner, )

)

vs. ) CASE NO. 84-0214

)

JAMES R. STEPHENS, )

)

Respondent. )

)

RECOMMENDED ORDER

Following notice, a formal hearing was held on March 27, 1984, in Jacksonville, Florida. At the conclusion of that hearing, Petitioner presented a proposed Recommended Order and the Respondent has commented upon that proposal. These materials have been reviewed prior to the entry of the Recommended Order. To the extent that the proposal is consistent with the Recommended Order, it has been utilized. To the extent that it is inconsistent, it is rejected as being immaterial, irrelevant and contrary to facts found.

APPEARANCES

For Petitioner: L. Haldane Taylor, Esquire

331 East Union Street, 2nd Floor Jacksonville, Florida 32202

For Respondent: James Robert Stephens

311 West Ashley Street, Apt. 1410 Jacksonville, Florida 32202

ISSUES

The issues for consideration are those presented by an Administrative Complaint brought by the Commissioner of Education against Respondent. In that complaint, Respondent is accused of violating Section 231.28(1), Florida Statutes, by obtaining his extended Teacher's Certificate by fraudulent means. A similar allegation is made related to Rule 6B-1.06(5)(a)(g) and (h), Florida Administrative Code. A second category of allegation pertains to a violation of Section 231.28(1), Florida Statutes, based upon the fact that Respondent has been guilty of a misdemeanor, and has been guilty of personal conduct which seriously reduces his effectiveness as an employee of the Duval County School Board.

FINDINGS OF FACT

1. James Robert Stephens has held a Teacher's Certificate since 1972 issued by the State of Florida. The certificate was renewed in July 1977 and a further extension was granted on August 2, 1982. This is a regular certificate issued in the fields of social studies and elementary education:

   
   

2. In applying for the August 2, 1982, extension of the certificate, Respondent answered in the negative when asked the question "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 violation?" That answer was not true and the Respondent recognized that he was answering the question in an untruthful way at the time of giving his response. In fact, as he knew, the Respondent had been arrested on July 26, 1971 and charged with DWI and fined $100 for that offense. Again, on January 12, 1978, he was charged with the offense of DWI and pled no contest to that offense on July 23, 1978, for which he received a $200 fine. Respondent's explanation in the course of the hearing that he did not answer this question in the affirmative because he felt that the certifying agency with the State of Florida had been told of those offenses by local authorities in Duval County is not accepted.

   
   

3. On May 22, 1983, the Respondent was in a drinking establishment in Jacksonville, Florida. After having consumed alcoholic beverages, he was involved in an altercation with another person in the bar, causing the management of the establishment to seek the assistance of law enforcement. When the police officer arrived at the scene, the Respondent was uncooperative and verbally abusive, in the sense of using profanity. As a consequence, the Respondent was arrested for disorderly intoxication, an offense for which he pled no contest and was fined $100. As established by testimony of the arresting officer, Michael S. Berry and Dalton Epting, Duval County School District Administrator, the conduct by the Respondent in the bar is not in keeping with the conduct expected of a teacher in Duval County. In particular, Epting as an educator, established that this kind of conduct sets a poor example for children whom the education profession is responsible for.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

   
   

5. Respondent is accused of having obtained the extension of his Teacher's Certificate in August 1982 by fraudulent means in violation of Section 231.28(1)(a), Florida Statutes. This relates to his negative answer to the question concerning arrests and convictions in the application form submitted in requesting his extension, when he knew that that answer was not true. Section 231.24, Florida Statutes, deals with the matter of extension of certificates and allows for those extensions for a period not to exceed five years if the teacher meets necessary training, experience and competency. This provision does not envision a separate character evaluation or examination of offenses as called for in Section 231.17, Florida Statutes, which deals with original certification. Those offenses must be considered, in view of the continuing nature of the license held by the teacher, under some provision other than Section 231.28(1)(a), Florida Statutes. This conclusion is reached because that substantive provision of Section 231.28, Florida Statutes, deals with the original certification contemplated by Section 231.17, Florida Statutes, which

   affords discretion to the licensing agency in dealing with applicants for original certificates, whereas Section 231.24, Florida Statutes, is ministerial in nature except in the areas of training, experience and competency.

   Consequently, no showing has been made of a violation of Section 231.28(1)(a), Florida Statutes. It has been shown that this fraudulent conduct on the part of the Petitioner in obtaining the extension violated Rule 6B-1.06(5)(a)(g) and (h), Florida Administrative Code by the submittal of the fraudulent information as to arrest and convictions through a document offered in connection with professional activities. The violation of these rules sections constitutes a violation of Section 231.28(1)(h), Florida Statues and subjects the Petitioner to the penalties set forth in Section 231.28(1), Florida Statutes.

   
   

6. Respondent has been convicted of a misdemeanor in violation of Section 231.28(1)(e), Florida Statutes, related to the disorderly intoxication offense and conviction. The underlying facts that are involved in that offense also demonstrate personal conduct which seriously reduces his effectiveness as an employee of the Duval County School Board in violation of Section 231.28(1)(f), Florida Statutes. For these violations of Section 231.28, Florida Statutes, pertaining to the fracas in the bar which occurred on May 22, 1983, Respondent is subject to the penalties set forth in Section 231.28(1), Florida Statutes.

Upon a full consideration of the facts found and conclusions of law reached, it is

RECOMMENDED:

That a final order be entered which suspends the Respondent's Teacher's Certificate for a period of 60 days.

DONE AND ENTERED this 24th day of May 1984, in Tallahassee, Florida.

CHARLES C. ADAMS

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 24 day of May, 1984.

COPIES FURNISHED:

L. Haldane Taylor, Esquire

331 East Union Street, 2nd FL. Jacksonville, Florida 32202

James Robert Stephens

311 West Ashley Street, Apt. 1410 Jacksonville, Florida 32202

Donald L. Griesheimer, Director Education Practices Commission Room 215

Knott Building Tallahassee, Florida 32301

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

AGENCY FINAL ORDER

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

BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA

RALPH D. TURLINGTON, as

Commissioner of Education, Petitioner,

vs. DOAH CASE NO. 84-0214

JAMES R. STEPHENS,

Respondent.

/

FINAL ORDER

Respondent, James R. Stephens, holds Florida teaching certificate number 079709. 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), Florida Statutes; it is attached to and made a part of this Order.

A panel of the Education Practices Commission met on June 15, 1984, in Sarasota, Florida, to take final agency action. The Petitioner was represented by Haldane Taylor, Esquire. The Respondent was present, and addressed the panel. 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, with the exception of not concluding that the Respondent violated State Board Rule 6B-1.06, F.A.C., since it was not effective until July 8, 1982, and the application was filed in June, 1982.

The panel adopts the Recommendation of the Hearing Officer. The Respondent's certificate is hereby SUSPENDED for sixty (60) days.

DONE AND ORDERED in Tallahassee, Florida, this 22nd day of June, 1984.

Helen Juarez, Presiding Officer

I HEREBY CERTIFY that a copy of the foregoing Final Order in the matter of RDT

v. James R. Stephens has been furnished to Mr. James R. Stephens, 311 West Ashley St., Apt. 1410, Jacksonville, Florida 32202, by U.S. Mail, this 22 day of June, 1984.

Donald L. Griesheimer, Clerk

COPIES FURNISHED:

Arthur Wallberg, Esquire Attorney General's Office

Marlene Greenfield, Administrator Professional Practices Services

Judith Brechner, General Counsel Haldane Taylor, Esquire

331 East Union St., 2nd Floor

Jacksonville, Florida 32202

Charles Adams, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

Mr. Herb Sang, Supt. Duval County Schools 1701 Prudential Drive

Jacksonville, Florida 32707

Docket for Case No: 84-000214

Orders for Case No: 84-000214