STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VONDA K. BOWMAN, )

)

Petitioner, )

)

vs. ) Case No. 99-0128

)

FRANK T. BROGAN, as )

Commissioner of Education, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on March 17, 1999, by Stephen F. Dean, assigned Administrative Law Judge of the Division of Administrative Hearings, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Vonda K. Bowman, pro se

1913 Karen Lane

Tallahassee, Florida 32304

For Respondent: J. David Holder, Esquire

Post Office Box 489

DeFuniak Springs, Florida 32435 STATEMENT OF THE ISSUE

Whether the Respondent should deny of the application filed by the Petitioner seeking a Florida Educator's Certificate.

PRELIMINARY STATEMENT

This proceeding commenced when the Petitioner filed an application for a Florida Educator's Certificate with the Florida Department of Education. After review of the application,

Frank T. Brogan, as the Commissioner of Education, filed a Notice

of Reasons on September 9, 1998, notifying the Petitioner of the reasons for denial of the application. In the notice the Respondent asserts that the Petitioner engaged in criminal conduct in September 1989 and again in April 1996. The Respondent alleges that the conduct described in the Notice of Reasons constitutes violation of Sections 231.17(3)(c)6, 231.17(5)(a), and 231.28(1)(c), Florida Statutes.

On September 30, 1998, the Petitioner returned an Election of Rights in which she disputed all material allegations and counts contained in the Notice of Reasons and requested a formal hearing. Pursuant to notice, the requested formal hearing was held on March 17, 1999.

At hearing, the Petitioner presented the testimony of herself and one character witness. She offered one exhibit which was received in evidence. The Respondent presented the testimony of three witnesses. Respondent offered five exhibits which were admitted.

A Transcript of the hearing was filed on March 30, 1999. Both parties submitted proposed recommended orders which were read and considered.

FINDINGS OF FACT

1. Prior to April 13, 1996, the Petitioner and Mr. Benjamin Williams had been involved in a personal relationship during which they dated for approximately eighteen months.

2. On the evening of April 13, 1996, Mr. Williams spoke by telephone with the Petitioner about telephone calls he had been receiving in which concerns were expressed that the Petitioner's brother had the HIV virus.

3. Later on the evening of April 13, 1996, the Petitioner went to Mr. Williams' residence located at 716 North Bronough Street, Tallahassee, Florida.

4. Mr. Williams had not invited the Petitioner to his apartment, and she was not expected as indicated by the fact that Mr. Williams was entertaining another woman at that time.

5. The Petitioner insisted on talking to Mr. Williams, and insinuated herself into the apartment. After entering

   Mr. Williams' home, an argument ensued. The testimony regarding the subsequent events is contradictory.

6. Mr. Williams testified that he asked the Petitioner to leave his home, and she refused. Mr. Williams retrieved a container of spray deodorant from his bathroom which he sprayed on the Petitioner in an effort to make her uncomfortable and encourage her to leave his home. According to Mr. Williams, the Petitioner removed a large knife from beneath her clothing, which she held in front of her.

7. Mr. Williams concluded that he needed to physically remove the Petitioner from his home. Mr. Williams testified that, as he was attempting to push the Petitioner through the

   open door and out of his home, he was cut diagonally across the forehead and under his left eye.

8. After Mr. Williams pushed the Petitioner out the door and locked it, the Petitioner hurled a brick through the window of Mr. Williams' front door. The brick narrowly missed

   Mr. Williams. Both parties agree this occurred.

   
   

9. After placing a call to 911, Mr. Williams testified he went outside where he observed the Petitioner kneeling next to the right front tire of his automobile which was parked on the street. Mr. Williams said he heard a hissing sound, and when he inspected his automobile the next day he found he had a flat front right tire.

10. The Petitioner denies the events occurred as described by Mr. Williams. She denied cutting Mr. Williams with a knife and slashing his tire. The Petitioner testified that after she was ejected from Mr. Williams' house and was in her car,

    Mr. Williams pounded on her windshield and broke it. He admitted this. She said he went inside his apartment, after breaking her windshield, and she threw a brick at his door in anger and frustration.

11. Tallahassee Police Officer Patrick Lynch responded to the 911 call placed by Mr. Williams at approximately 1:00 a.m. on April 13, 1996.

12. Officer Lynch observed that the glass window in the front door was broken out, and that the glass was lying on

    Mr. Williams' living room floor. A red brick was also lying on the floor of his living room. Mr. Williams was bleeding from a cut on his face.

13. Officer Lynch called an ambulance. The ambulance's emergency medical technicians attended to Mr. Williams. He refused their offer to transport him to the hospital. Officer Lynch later drove Mr. Williams to the hospital for evaluation.

14. The information provided by Mr. Williams to Officer Lynch at the scene was consistent with his testimony at the formal hearing held in this cause.

15. Upon inspection of Mr. Williams' automobile, Officer Lynch found that the right front tire had been cut and was flat. Officer Lynch did not find a knife at the scene.

16. The Petitioner was located and arrested. The Petitioner was charged by Officer Lynch with aggravated battery, criminal mischief, and throwing a deadly missile into a building.

17. On December 13, 1996, the State Attorney for the Second Judicial Circuit of Florida filed an amended information charging the Petitioner with the criminal offenses of Aggravated Battery with a Deadly Weapon, Throwing a Deadly Missile into a Building, and Criminal Mischief.

18. On December 21, 1996, the Petitioner was tried by jury and found guilty of throwing a deadly missile into a building.

19. On January 22, 1997, the Circuit Court of Leon County, Florida, entered an Order withholding adjudication of guilt and

    placing the defendant on probation. This Order placed the Petitioner on probation for a period of one year with multiple conditions. The Petitioner satisfied all the terms of her probation.

20. The Petitioner has been teaching in the state's prison education system. Her students are female inmates. She has a good work record, enjoys her work, and wants to continue to teach there.

21. On or about January 12, 1998, the Department of Education received an application for a Florida Educator's Certificate which the Petitioner signed on December 5, 1997.

22. On the application the Petitioner indicated that she had been arrested and charged with throwing a deadly missile for which she indicated adjudication was withheld.

23. Based upon this information, the application was forwarded to the office of Professional Practices Services.

24. Mr. Lew Wagar, an investigator with the Professional Practices Services, contacted the Petitioner and requested certified copies of all court documents related to the reported criminal case. This request was a routine part of the application process.

25. The Petitioner was cooperative with Mr. Wagar and provided him with certified copies of criminal records related to an earlier arrest in Tallahassee in 1989. The Respondent

    stipulated at hearing, however, that the 1989 incident would not constitute a basis for denial of Petitioner's application.

26. Based upon the certified court records received concerning the 1996 arrest and criminal prosecution, the Department recommended to the Respondent that the Petitioner's application be denied. The Respondent, Commissioner of Education, accepted the recommendation of denial of the Petitioner's application.

27. On September 9, 1998, the Respondent notified the Petitioner in writing of his decision to deny her application. A copy of the Notice of Reasons was included with the letter. The Notice of Reasons set forth the specific grounds for denial of Petitioner's application.

    CONCLUSIONS OF LAW

    
    

28. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case.

29. The Petitioner has the burden of proof in this proceeding to show that she has met all the requirements for issuance of a Florida teaching certificate.

30. Section 231.17(3)(c)6, Florida Statutes, provides that an applicant must be of good moral character.

31. Section 231.17(5)(a), Florida Statutes, provides that an applicant may be denied a teaching certificate if he or she has "committed an act or acts or a situation exists for which the

    Education Practices Commission would be authorized to revoke a teaching certificate."

32. Section 231.28, Florida Statutes, provides in pertinent part:

    1. The Education Practices Commission shall have authority to suspend the teaching certificate of any person as defined in s.228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying that person the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person thereby denying that person the right to teach for a period of time not to exceed 10 years, with reinstatement subject to the provisions of subsection (4); 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:

       
       

       * * *

       
       

       (c) has been guilty of gross immorality or an act involving moral turpitude. . . (Emphasis added.)

       
       

33. Section 231.28(2), Florida Statutes, provides that the plea of guilty in any court or the decision of guilty by any court of any felony or misdemeanor is prima facie proof of grounds for the revocation of a teaching certificate.

34. The testimony of the parties to the altercation conflicts. The physical evidence only supports the admission by Petitioner that she threw a brick through Mr. Williams' window. There is no independent confirmation of his testimony about

    her cutting him with a knife. I do not find elements of Mr. Williams' testimony credible.

35. The Petitioner's throwing the brick was part of an emotional ending to a long-term relationship. Petitioner was found guilty of throwing the brick, placed on probation, and satisfied the terms of the probation. She has been gainfully employed as a teacher of adults in the state's prison system.

36. The conviction in 1997 is close enough in time to warrant careful review by the Respondent; however, given the circumstances surrounding the events, the successful completion of probation, and, most importantly, the nature of Petitioner's employment, the Petitioner shows a basis for conditional licensure at this time limiting her teaching assignment to adult education in the prison system. This makes use of Petitioner's skills in an apt location until the passage of time permits consideration of the removal of the limitation.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is

RECOMMENDED:

That Petitioner's application for a Florida Educator's certificate be granted with conditions limiting her to adult education in the state's prison system.

DONE AND ENTERED this 6th day of May, 1999, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

Vonda Kaye Bowman 1913 Karen Lane

Tallahassee, Florida 32304

J. David Holder, Esquire Post Office Box 489

STEPHEN F. DEAN

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1999.

DeFuniak Springs, Florida 32435

Kathleen Richards, Executive Director Education Practices Commission

224-E Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Michael H. Olenick, General Counsel Department of Education

The Capitol, Suite 1701 Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 99-000128

Orders for Case No: 99-000128