STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, as Commissioner ) of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 90-8036

)

FREDERICK DINGLE CHARLES, )

)

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 June 4, 1991, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Robert J. Boyd, Esquire

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

For Respondent: No appearance.

STATEMENT OF THE ISSUES

At issue in this proceeding is whether respondent was convicted of conspiracy to possess with intent to distribute at least five kilograms of cocaine and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.

PRELIMINARY STATEMENT

At hearing, petitioner called no witnesses, but her exhibit 1 was received into evidence. Additionally, petitioner's first and second request for admissions 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 not ordered, and petitioner waived her right to submit proposed findings of fact. No proposed findings were submitted on behalf of respondent.

FINDINGS OF FACT

1. Respondent, Frederick Dingle Charles, holds teacher's certificate number 264894, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1992.

2. During the 1989-90 school year, respondent was employed by the Dade County School Board as a teacher at Homestead Middle School.

   
   

3. On or about September 20, 1989, respondent was arrested and charged with conspiracy to possess with intent to distribute at least five kilograms of cocaine in the United States District Court, Southern District of Florida, Case Number 89-627-CR-Aronovitz. On October 15, 1990, he was found guilty of such charge and committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 121 months.

   
   

   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;

   
   

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

   
   

6. Here, the proof is clear and convincing that respondent's conduct, as set forth in the findings of fact, violated the provisions of Section 231.28(1)(c) and (e), Florida Statutes.

RECOMMENDATION

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

Charles, be permanently revoked.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of June 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 13th day of June 1991.

Copies furnished:

Robert J. Boyd, Esquire

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Frederick D. Charles # 41454-004

Metropolitan Correctional Center 15801 S.W. 137th Avenue

Miami, Florida 33177

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: 90-008036

Orders for Case No: 90-008036