STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, Commissioner ) of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 90-4392

)

PHILIP ANDREW BENNER )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a formal hearing in the above-styled case on March 15, 1991, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Lane Burnett, Esquire

331 East Union Street Suite 2

Jacksonville, Florida 32202 For Respondent: No appearance

STATEMENT OF THE ISSUES

At issue in this proceeding is whether respondent misrepresented his professional qualifications when he applied for employment with the American University of Cairo and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.

PRELIMINARY STATEMENT

By administrative complaint dated January 28, 1990, petitioner charged that respondent submitted a false resume and forged college transcripts to the American University of Cairo for the purpose of inducing such university to employ him, and that as a consequence of such misrepresentation he secured employment at the university until such time as his deception was discovered.

Based on such conduct, petitioner contends that respondent violated the provisions of Section 231.28(1)(c) and (h), Florida Statutes, and Rule 6B- 1.006(5)(a), (f), (g), and (h), Florida Administrative Code, and proposes to take disciplinary action against respondent's Florida teaching certificate.

Respondent filed an election of rights which did not dispute the facts as alleged by petitioner, but denied such conduct constituted a violation of existent law.

Subsequently, on July 16, 1990, the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.

At hearing, petitioner called no witnesses, but its exhibits 1-6 were received into evidence. Additionally, petitioner's request for admissions, filed September 10, 1990, were deemed admitted as a consequence of respondent's failure to respond. Respondent did not appear at hearing, and no testimony or exhibits were offered on his behalf.

The transcript of hearing was filed April 29, 1991, and the parties were granted 20 days from such date to file proposed findings of fact. Consequently, the parties waived the requirement that a recommended order be rendered within thirty days after the transcript is filed. Petitioner elected to file proposed findings of fact, and they are addressed in the appendix to this recommended order.

FINDINGS OF FACT 1/

1. Respondent, Philip Andrew Benner (Benner), holds Florida teaching certificate number 400628, covering the areas of elementary education, administration and supervision, emotionally disturbed, special learning disabilities, and mentally retarded, which is valid through June 30, 1991.

   
   

2. In 1987, Benner submitted a falsified resume and four forged college transcripts as part of an employment application he submitted to the American University of Cairo. The documentation which Benner submitted included forged transcripts of college course work and degrees conferred by Gorham State College, Coppin State College, John Hopkins University, and Florida Atlantic University. These fraudulent documents were submitted by Benner with the intent to induce the American University of Cairo to employ him. Benner was, in fact, employed and compensated by the University of Cairo based upon the fraudulent credentials until university officials discovered the fraud.

   
   

3. In the documentation which Benner submitted, he falsely represented to the American University of Cairo that:

   
   

   1. he graduated from Dirigo High School in Dixfield, Maine, in 1965 at the age of fourteen, when in truth and in fact he graduated in 1969 at the age of eighteen;

   2. he received a Bachelor of Science degree in Education in 1968 from Gorham State College, when in truth and in fact he did not receive any degree from said institution;

   3. he received a Master of Science degree in special education from Coppin State College in 1973, when in truth and in fact he received a Bachelor of Science in special education in 1974;

   4. he received a Master of Science degree in education from John Hopkins University in 1976, when in truth and in fact he never attended such university or received any degree from it; and

   5. he received a Specialist of Education degree in administration and supervision from Florida Atlantic University in 1986, when in truth and in fact he received a Master of Education degree in administration and supervision from such university in 1986.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Sections 120.57(1) and 231.262(5), Florida Statutes.

   
   

5. Pertinent to this case, Section 231.28(1), Florida Statutes, authorizes the Education Practices Commission to revoke or otherwise discipline a teaching certificate provided it can be shown that the holder of such certificate:

   
   

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

   
   

   (h) Has otherwise violated the provisions of law or rules of the State Board of Education, the

   penalty for which is the revocation of the teaching certificate.

   
   

6. The rules of the State Board of Education provide, inter alia, for revocation of a teacher's certificate for violation of Rule 6B-1.006(5), Florida Administrative Code, the Principles of Professional Conduct. Such rule provides, in pertinent part, as follows:

   
   

   1. Obligation to the profession of education requires that the individual:

      
      

      1. Shall maintain honesty in all professional dealings.

         
         

         1. Shall not misrepresent one's own professional qualifications.

            
            

         2. Shall not submit fraudulent information on any document in connection with professional activities.

            
            

         3. Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position.

         
         

7. Here, the proof is clear and convincing that Benner's conduct, as set forth in the findings of fact, violated the provisions of Section 231.28(1)(c) and (h), Florida Statutes, and Rule 6B-1.006(5)(a), (f), (g), and (h), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the teaching certificate of respondent, Philip Andrew

Benner, be permanently revoked.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of May 1991.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of May 1991.

ENDNOTES

1/ The findings of fact are based on Benner's election of rights, which did not dispute the allegations of fact contained in paragraphs 1-3 of the administrative complaint, and are corroborated by petitioner's exhibits 1-6.

APPENDIX

Petitioner's proposed findings of fact are addressed as follows:

1. Adopted in paragraph 1.

2-8. To the extent they constitute competent proof or are corroborative of competent proof they are addressed in paragraphs 2 and 3. Otherwise, such proposals are rejected as hearsay. See: Harris v. Game and Fresh Water Fish Commission, 495 So.2d 806 (Fla. 1st DCA 1986).

Copies furnished:

Lane Burnett, Esquire

331 East Union Street Suite 2

Jacksonville, Florida 32202

Mr. Philip Andrew Benner 706 Fiala Court

Belen, New Mexico 87002 and

c/o Campo Aleg Apartado del Este 60382 Caracas 1060-A Venezuela South America

The Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08

Tallahassee, Florida 32399-0400

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: 90-004392

Orders for Case No: 90-004392