STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION, ) and BETTY CASTOR, AS COMMISSIONER ) OF EDUCATION, )

)

Petitioner, )

)

vs. ) Case No. 85-2718

)

ROBERT DAVID FERRIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal administrative hearing in this case on June 18, 1987, in Ft. Lauderdale, Florida. The hearing was reported, but a transcript was not ordered, and the Petitioner waived the right to submit proposed findings of fact and conclusions of law.

APPEARANCES

For Petitioner: Charles T. Whitelock, Esquire

1311 S.E. Second Avenue

Ft. Lauderdale, Florida 33321 For Respondent: No one appeared.

By Administrative Complaint dated July 23, 1985, the Petitioner seeks to permanently revoke the Respondent's teaching certificate, or impose another authorized penalty against the Respondent, for conduct which constitutes gross immorality or an act involving moral turpitude, and for personal conduct which seriously reduces his effectiveness as a school board employee, in violation of Section 231.28(1)(c) and (f), Florida Statutes. The Respondent denied these charges and requested a formal administrative hearing.

Subsequent to the filing of the Complaint against the Respondent, he was convicted of first degree murder of his first wife, and was sentenced to life imprisonment. He is presently an inmate at Baker Correctional Institution, and was not present at the final hearing in this case. Nor did anyone appear in behalf of the Respondent. The Petitioner presented three witnesses and five exhibits which were received in evidence, in support of the Complaint.

The issue is whether the Respondent's teaching certificate should be permanently revoked or the Respondent otherwise disciplined for the reasons alleged in the Administrative Complaint.

FINDINGS OF FACT

1. The Respondent, Robert David Ferris, holds Teacher's Certificate No. 172775 issued by the State of Florida, Department of Education, on May 11, 1977. This certificate covers the areas of elementary education, administration/supervision, and junior college.

   
   

2. In 1983 the Respondent was employed as an elementary school teacher, and taught at Jefferson Davis Middle School in Palm Beach County until his termination which was effective on September 19, 1983.

   
   

3. Some time between June 1 and September 16, 1983, the Respondent unlawfully killed his wife, Kathleen Ferris, by strangulation. The Respondent was charged with first degree murder, and was convicted of this crime by the Circuit Court in Palm Beach County, Florida. He was sentenced to life imprisonment. This conviction is presently being appealed.

   
   

4. The Respondent was also charged with the murder of his son, George Ferris, but this charge was dismissed subsequent to the Respondent's conviction for murder of his wife.

   
   

5. There was extensive news coverage of the arrest of the Respondent, of the Respondent's trial, and of his eventual conviction on the charge of murder. These events appeared in the newspaper and on the television continuously. During the investigation stage, police officers were in the Jefferson Davis Middle School constantly, making inquiries of both students and teachers about the Respondent. As a result, the students were adversely affected, and the morale of the teachers was low.

6. The nature of the Respondent's act of killing his wife, together with the awareness of the incident on the part of the students, parents, staff and the community due to the notoriety it received, so impaired the Respondent's effectiveness as a teacher and employee of the school board, that the Respondent could not be re-employed in any capacity in the Palm Beach County public schools.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to the subject matter of this case, pursuant t-o Section 120.57(1), Florida Statutes.

   
   

8. Section 231.28(1), Florida Statutes, authorizes the Education Practices Commission to revoke or suspend a teaching certificate, or to impose any penalty provided by law, if it is shown that a teacher has been guilty of gross immorality or an act involving moral turpitude, or has engaged in conduct which seriously reduces the teacher 's effectiveness as an employee of the school board. Subsections 238.21(1)(C) and (f), Florida Statutes.

   
   

9. From the evidence presented, it has been established that the Respondent's murder of his wife by strangulation is conduct which constitutes gross immorality. Further, this is an act involving moral turpitude, and it is personal conduct which has seriously reduced his effectiveness as an employee of the Palm Beach County school board.

   
   

10. Therefore, pursuant to Section 231.28(1), Florida Statutes, the teaching certificate of the Respondent may be revoked permanently.

RECOMMENDATION

Based on he foregoing findings of fact and conclusions of law, it is

RECOMMENDED that the Education Practices Commission enter a Final Order permanently revoking Teacher's Certificate No.

172775 held by the Respondent' Robert David Ferris.

THIS RECOMMENDED ORDER ENTERED this 26th day of June, 1987, in Tallahassee, Leon County, Florida.

WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of June, 1987.

COPIES FURNISHED:

Charles T. Whitelock, Esquire 1311 S.E. Second Avenue

Ft. Lauderdale, Florida 33301

Robert David Ferris DOC 103324

Baker Correctional Institution

P. O. Box 500

Olustee, Florida 32072

Honorable Betty Castor Commissioner of Education. The Capitol

Tallahassee, Florida 32399

Sydney McKenzie, Esquire General Counsel Department of Education Knott Building

Tallahassee, Florida 32399

Marlene T. Greenfield Administrator Professional Practice

Services Section

319 West Madison Street, Room 3 Tallahassee, Florida 32301

Karen B. Wilde, Executive Director Education Practices Commission Room 418

Knott Building Tallahassee, Florida 32399

Docket for Case No: 85-002718

Orders for Case No: 85-002718