Petitioner: MIAMI-DADE COUNTY SCHOOL BOARD
Respondent: EDWARD J. COHEN
Judges: J. D. PARRISH
Agency: County School Boards
Locations: Miami, Florida
Filed: Aug. 30, 2000
Status: Closed
Recommended Order on Friday, June 29, 2001.
Latest Update: Oct. 31, 2001
Summary: Teacher failed to comply with reasonable directives given with proper authority and is thereby guilty of gross insubordination.
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Before the Education Practic@sc13; p; 136
Commission of the State of Flori
CHARLIE CRIST, as +r
Commissioner of Education,
Petitioner,
EPC CASE N? 00-0930 -RT
vs. DOAH CASE Ne? 00-3581
EPC INDEX N?01- 203 -FOF
EDWARD J. COHEN,
Respondent. s) bP ’ CLOd
Final Order
This matter was heard by a Teacher Panel! of the Education Practices
Commission pursuant to Sections 231.261(8) and 120.57(1), Florida Statutes, on
September 28, 2001, in Orlando, Florida, for consideration of the Recommended Order
entered in this case by J. D.. Parrish, Administrative Law Judge, dated June 29, 2001, a
copy of which is attached hereto and made a part hereof.
Petitioner filed Petitioner’s, Tom Gallagher as Commissioner of Education,
Exceptions to Recommended Order, a copy of which is attached hereto and made a
part hereof. Those exceptions were rejected. ;
After reviewing the complete record accompanying the Recommended Order,
and being otherwise fully advised in the premises, the Panel hereby adopts the
Findings of Fact , Conclusions of Law and Recommended Penalty contained in the
Recommended Order.
It is, therefore, ORDERED that Edward J. Cohen’s Florida educator’s certificate
is hereby SUSPENDED for a period of three years beginning on the effective date of
this Order and that, prior to resuming employment as an educator, he complete, with a
passing grade, a three hour college level course in Professional Ethics
Final Order
Edward J. Cohen
Page Two
This Order takes effect upon filing with the Clerk of the Education Practices
Commission. €
DONE AND ORDERED, this ab day of clea , 2001.
wane pa He Presiding Officer
COPIES FURNISHED TO:
Bureau of Educator Standards
Bureau of Teacher Certification
Florida Administrative Law Reports
Ms. Joyce Annunziatta
Assistant Superintendent of Schools
1500 Biscayne Blvd., Suite 114
Miami, FL 33132
Dr. Thomasina O’Donnell, Director
Office of Professional Standards
Dade County Schools
1500 Biscayne Blvd., Suite 114
Miami, FL 33132
Charles T Whitelock, Attorney at Law
J. D. Parrish,
Administrative Law Judge
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Ann Cole, Clerk
Division of Administrative Hearings
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED
BY THIS FINAL ORDER IS ENTITLED TO
JUDICIAL REVIEW PURSUANT TO SECTION
120.68, FLORIDA STATUTES. REVIEW
PROCEEDINGS ARE GOVERNED BY THE
FLORIDA RULES OF APPELLATE
PROCEDURE. SUCH PROCEEDINGS ARE
COMMENCED BY FILING ONE COPY OF A
NOTICE OF APPEAL WITH THE EDUCATION
PRACTICES COMMISSION AND A SECOND
COPY, ACCOMPANIED BY FILING FEES
PRESCRIBED BY LAW, WITH THE DISTRICT
COURT OF APPEAL, FIRST DISTRICT, OR
WITH THE DISTRICT COURT OF APPEAL IN
THE APPELLATE DISTRICT WHERE THE
PARTY RESIDES. THE NOTICE OF APPEAL
MUST BE FILED WITHIN THIRTY (30) DAYS
OF RENDITION OF THIS ORDER.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing Order in the matter of Gallagher vs.
Cohen, was furnished to Edward J. Cohen. 49707 Southwest 118" Place, Miami, FL
33177, by Certified U.S. Mail, this A “day of Octe peice , 2001.
Youteter WV “Wrcharcds—
KATHLEEN RICHARDS, Clerk
Docket for Case No: 00-003581
Issue Date |
Proceedings |
Oct. 31, 2001 |
Final Order filed.
|
Aug. 27, 2001 |
Final Order of the School Board of Miami-Dade County, Florida filed.
|
Jul. 12, 2001 |
Petitioner`s, Tom Gallagher as Commissioner of Education, Exceptions to the Recommended Order (filed via facsimile).
|
Jun. 29, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jun. 29, 2001 |
Recommended Order issued (hearing held March 26-27, 2001) CASE CLOSED.
|
May 25, 2001 |
Petitioner`s Tom Gallagher, as Commissioner of Education, Moton to Strike Respondent`s Pleading Filed May 22, 2001 (filed via facsimile).
|
May 23, 2001 |
Notice of Ex-Parte Communication filed.
|
May 23, 2001 |
Petitioner`s, Tom Gallagher, as Commissioner of Education, Proposed Findings of Fact, Conclusions of Law and Recommended Order filed.
|
May 22, 2001 |
The Charge of Gross Insubordination Must be Dismissed (filed by Respondent via facsimile).
|
May 22, 2001 |
Petitioner`s School Board of Miami-Dade County, Florida, Proposed Recommended Order (filed via facsimile).
|
May 21, 2001 |
Petitioner`s, Tom Gallagher, as Commissioner of Education, Proposed Findings of Fact, Conclusions of Law and Recommended Order (filed via facsimile).
|
May 02, 2001 |
Transcripts (2 volumes with exhibits) filed. |
Apr. 30, 2001 |
Status of Hearing Transcript (filed by Respondent via facsimile).
|
Mar. 26, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Mar. 22, 2001 |
Demand for Complete Disclosure (filed by E. Cohen via facsimile).
|
Mar. 19, 2001 |
Request for Depositions and Statements from Witnesses (filed by E. Cohen via facsimile).
|
Mar. 16, 2001 |
Petitioners`, Commissioner of Education and the Dade County School Board, Unilateral Pretrial Stipulation (filed via facsimile).
|
Mar. 16, 2001 |
Petitioner School Board`s Reply to Respondent`s Motion to Dismiss Charges (filed via facsimile).
|
Mar. 08, 2001 |
Petitioner, the School Board of Miami-Dade County, Florida and Petitioner, Tom Gallagher, as Commissioner of Education, are not Responsive filed.
|
Feb. 07, 2001 |
List of Documents to be Presented at Hearing filed by Respondent. |
Feb. 06, 2001 |
Order of Pre-Hearing Instructions issued.
|
Feb. 06, 2001 |
Objection to Consolidation of and Rescheduling of Hearing (filed via facsimile).
|
Feb. 05, 2001 |
List of Documents to be Presented at Hearing filed by Respondent. (exhibits) |
Feb. 02, 2001 |
Order Granting Consolidation and Rescheduling Hearing issued. (consolidated cases are: 00-003581, 00-005123PL, hearing set for March 26-28, 2001, 9:00 a.m., Miami, Fl.).
|
Feb. 01, 2001 |
List of documents to be Presented at Hearing (filed by Respondent via facsimile).
|
Feb. 01, 2001 |
Reaffirmation of Hearing Date (filed by Respondent via facsimile).
|
Jan. 31, 2001 |
Petitioner`s Reply to Respondent`s Objection to Consolidation of DOAH Cases 00-3581 and 00-5123PL (filed via facsimile).
|
Jan. 30, 2001 |
Objection to Consolidation of DOAH Case 00-3581 and 00-5123PL (filed by Respondent via facsimile).
|
Jan. 23, 2001 |
Notice of Filing (Motion to Consolidate filed by T. Pease via facsimile).
|
Jan. 23, 2001 |
Petitioner`s Motion to Consolidate DOAH Case No. 00-3581 and DOAH Case No. 00-5123PL and Reschedule Final Hearing (filed via facsimile).
|
Nov. 01, 2000 |
Objections to Motion for Continuance filed by Respondent.
|
Oct. 30, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for February 13 and 14, 2001; 9:00 a.m.; Miami, FL).
|
Oct. 27, 2000 |
Correctioned Page 8 to Response to Allegations filed by Respondent.
|
Oct. 24, 2000 |
Petitioner`s Motion for Continuance of Hearing (filed via facsimile).
|
Oct. 24, 2000 |
Notice of Taking Videotape Deposition Duces Tecum filed. |
Oct. 24, 2000 |
Reply to Duces Tecum-Video Deposition filed. |
Oct. 20, 2000 |
Harassment by Petitioner`s Legal Staff filed.
|
Oct. 12, 2000 |
Late Receipt of Notice of Specific Charges filed by Respondent. |
Sep. 25, 2000 |
(Petitioner) Notice of Specific Charges (filed via facsimile).
|
Sep. 11, 2000 |
Order issued. (a charging document shall be furnished to DOAH and Respondent by September 22, 2000)
|
Sep. 11, 2000 |
Notice of Hearing issued (hearing set for November 16 and 17, 2000; 9:00 a.m.; Miami, FL).
|
Sep. 06, 2000 |
Response to Revised Initial Order (filed by Petitioner via facsimile).
|
Aug. 31, 2000 |
Initial Order issued. |
Aug. 30, 2000 |
Notice of Termination (filed via facsimile).
|
Aug. 30, 2000 |
Request for Hearing (filed via facsimile).
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Aug. 30, 2000 |
Agency referral (filed via facsimile).
|
Orders for Case No: 00-003581