STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, )

)

Petitioner, )

)

) CASE NO. 89-4867

)

SCOTT THOMAS GRAY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held by telephone in this case on March 5, 1992, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane

1. Kiesling.

   
   

   APPEARANCES

   
   

   For Petitioner: Margaret E. O'Sullivan

   Attorney at Law Professional Practices Services

   352 Florida Education Center

   325 West Gaines Street Tallahassee, FL 32399-0400

   
   

   For Respondent: Scott Thomas Gray, Pro Se

   Union Correctional Institution

   Post Office Box 221 Raiford, FL 32083

   
   

   STATEMENT OF ISSUES

   
   

   The issue is whether the teaching certificate of Scott Thomas Gray (Gray) should be permanently revoked or otherwise penalized based on the acts alleged in the Amended Administrative Complaint.

   
   

   PRELIMINARY STATEMENT

   
   

   This proceeding commenced by telephone with both parties being present. After entering an appearance and before the admission of any evidence or testimony, Gray announced on the record that he did not wish to participate and he left the room. His departure was verified on the record by the Department of Corrections employee who had escorted Gray to the hearing and had placed the telephone call for Gray. The hearing proceeded in Gray's absence.

   The Petitioner, Education Practices Commission (EPC) 1/, presented Exhibits 1-9 which were admitted in evidence. No transcript was ordered and the Petitioner waived the filing of a proposed recommended order.

   
   

   FINDINGS OF FACT

   
   

   1. Gray held teachers certificate No. 541600 from the Department of Education for the State of Florida covering the area of emotionally disturbed students. The certificate was first issued on March 6, 1984, and was renewed and reissued until it expired on June 30, 1990.

      
      

   2. During the school years of 1983-1985, Gray was

      employed as an EMH teacher at Grove Park Elementary School in the Clay County School District. Gray resigned on June 10, 1985.

      
      

   3. Gray taught as an EMH teacher in the State of Georgia during the 1986-1987 school year.

      
      

   4. On November 27, 1986, Gray was arrested in Clay County, Florida, and charged with sexual battery.

      
      

   5. Gray posted bond of $10,002.00 and was released from jail.

      
      

   6. On December 12, 1986, Gray was charged by information with four counts of capital sexual battery and six counts of committing a lewd, lascivious and indecent act upon a minor. State of Florida v. Scott Thomas Gray, Case No. 86-925- CF, in the Circuit Court of the Fourth Judicial Circuit.

      
      

   7. Gray failed to appear for arraignment on these charges on December 18, 1986.

      
      

   8. Gray left the state and failed to appear for any court appearance on these charges. A Capias was issued for Gray's arrest for failing to appear.

      
      

   9. Gray was subsequently returned to Clay County to

      stand trial on these charges. Gray entered pleas of not guilty to all charges which were still viable after he had been returned to the state (three counts of capital sexual battery and two counts of lewd, lascivious and indecent acts on a child). These charges stemmed from various sexual acts which were perpetrated on children of ages 11 to 16 in Gray's classroom.

      
      

   10. On September 26, 1991, following a jury trial,

       Gray was convicted of three counts of capital sexual battery and of two counts of committing a lewd, lascivious, and indecent act upon a child.

       
       

   11. Gray was sentenced to terms of life imprisonment

       with a mandatory minimum of twenty five years per count, with the first two terms to run consecutively. He was also sentenced to two terms of fifteen years imprisonment for the two counts of

       committing lewd, lascivious and indecent acts on a child, to be served concurrently with the other sentences.

       
       

   12. Gray was charged with assault and battery in Clay County, Florida, on August 18, 1974, in Case No FL 046020. He also failed to appear in that case scheduled for October 22, 1974, and a Capias was issued.

       
       

   13. Despite the fact that these charges had not been resolved, in his three applications for teacher's certification, Gray answered "NO" to questions regarding arrests for any criminal charges which were pending against him. His false answers were sworn to by Gray as being true and correct.

       
       

       CONCLUSIONS OF LAW

       
       

   14. The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes.

       
       

   15. Section 231.28, Florida Statutes, states in pertinent part:

       
       

       1. The Education Practices Commission shall have authority to . . . revoke permanently the teaching certificate of any person; or to impose any other penalty provided by law, provided it can be shown that such person:

          1. Obtained the teaching certificate by fraudulent means;

             * * *

             (c) Has been guilty of gross immorality or an act involving moral turpitude;

             * * *

             (e) Has been convicted of a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation;

             * * *

       2. The plea of guilty in any court, the decision of guilty by any court, the forfeiture by the teaching certificateholder of a bond in any court of law, . . . shall be prima facie proof of grounds for revocation of the certificate as listed in subsection

          (1) in the absence of proof by the certificateholder that the plea of guilty, forfeiture of bond, or admission of guilt was caused by threats, coercion, or fraudulent means.

          
          

   16. In the present case, Petitioner proved by clear and convincing evidence that Gray has been found guilty of the charges of capital sexual battery and lewd, lascivious and indecent acts on a child. Additionally, Gray received his teaching certificates by means of fraud in failing to disclose his previous arrest record. Finally, Gray had a bond forfeited for his failure

       to appear and a Capias had to be issued in order to get Gray before the court on these extremely serious charges.

       
       

   17. The evidence is ample to prove that Gray should permanently lose his privilege to teach and his teaching certificate should be permanently revoked.

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 teaching certificate No. 541600 as issued to Scott Thomas Gray.

DONE and ENTERED this 12th day of March, 1992, in Tallahassee, Florida.

DIANE K. KIESLING

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of March, 1992.

ENDNOTES

1/ This case originated when EPC was the agency head and prosecutor responsible for teacher disciplinary matters. Since that time, the system has changed and Betty Castor, as the Commissioner of Education, has become the prosecutor. However no action was taken to amend the style of this case and it has proceeded as originally styled.

COPIES FURNISHED:

Margaret E. O'Sullivan Attorney at Law

Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, FL 32399-0400

Karen Barr Wilde, Executive Director Education Practices Commission

301 Florida Education Center

325 West Gaines Street Tallahassee, FL 32399-0400

Jerry Moore, Administrator Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, FL 32399-0400

Scott Thomas Gray Inmate #813233

Union Correctional Institution Post Office Box 221

Raiford, FL 32083

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

Docket for Case No: 89-004867

Orders for Case No: 89-004867