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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs BERT PECK, 01-004024PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004024PL Visitors: 4
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: BERT PECK
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 19, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 7, 2002.

Latest Update: Oct. 06, 2024
’9 lik, 72 Wop MG STD “6 ay ? CHARLIE CRIST Moe lp COMMISSIONER July 27, 2001 Mr. Bert Peck 7740 Northwest 71st Way Parkland, Florida 33067 ; i CERTIFIED MAIL RE: Finding of Probable Cause SSN: 089-38-4856 Dear Mr. Peck: Pursuant to the provisions of Sections 231.262 and 231.2615, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.2615(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Please govern yourself accordingly. CCiim ENCLOSURES THe Capron Floripa Amantic University Tower Praza Lever 08 University OF SoutH Florina, St.PeTersBuRG Campus 220 S.E. 2no Avenue, #726 Tatanasset, Florina 32399-0400 POY 248, 140 71H Avenue SoutH Fr. Lauperpate, Fioriva 33301 (850) 487-1785 © SC 277-1785 St. PeterssurG, Frorioa 33701 (954) 762-5322 Fax {850} 413-0378 ¢ SC 993-0378 (727) 553-3730 Fax (954} 762-5197 Fax (727) 553-1033 hitp://www.firn.edu/doe : ge ar REET Ie gre errr TOM” Ie 1s AL RY _ STATEOFFLORIDA o% acy, & ip EDUCATION PRACTICES COMMISSION b 9 “ Aig tsp fe Hh Asi Os é Charlie Crist, as “abil 7 Commissioner of Education, af Me & Petitioner, vs. CASE NO. 001-0415-M Bert Peck, Respondent. a ADMINISTRATIVE COMPLAINT ADMINIS IRSA I) Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Bert Peck. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 655684, covering the areas of biology, chemistry and general science, which is valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Coral Springs Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about Thursday, November 18, 1999, Colleen Hoffman, a teacher, found a small bag of marijuana outside the Respondent’s classroom door. Ms. Hoffman gave the bag to Respondent. Respondent failed to promptly turn the marijuana in to proper authorities. Respondent kept the marijuana in his possession until Wednesday, November 24, 1999. On that date, Respondent pulled the bag of marijuana from his wallet and gave it to Kenneth Webley. Assistant Principal, during a parent conference. nn rence Ade SE RR A Se teas mmmmamnme Bert Peck Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. - COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 2 dayof “ely , 2001. Charlie Crist, as Commissioner of Education, State of Florida Perm peprmcers on

Docket for Case No: 01-004024PL
Issue Date Proceedings
Mar. 25, 2002 Motion to Reopen Case and Motion to Amend Complaint (filed by Petitioner via facsimile).
Jan. 07, 2002 Order Closing File issued. CASE CLOSED.
Jan. 04, 2002 Corrected Copy Respondent`s Objection to Petitioners Motion for Continuance of Final Hearing (filed via facsimile).
Jan. 04, 2002 Joint Motion for Continuance and to Hold Case in Abeyance (filed via facsimile).
Jan. 04, 2002 Petitioner`s Withdrawal of Motion to Continue (filed via facsimile).
Jan. 03, 2002 Respondent`s Objection to Petitioners Motion for Continuance of Final Hearing (filed via facsimile).
Dec. 27, 2001 Motion for Continuance of Final Hearing (filed by Petitioner via facsimile).
Dec. 19, 2001 Notice of Taking Deposition (4), J. Vernon, K. James, K. Webley, G. Rogers (filed via facsimile).
Dec. 17, 2001 Notice of Answers to Petitioner`s First Interrogatories and Request for Production of Documents (filed by Respondent via facsimile).
Nov. 16, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 15, 2002; 9:30 a.m.; Fort Lauderdale, FL).
Nov. 15, 2001 Motion for Continuance (filed by Petitioner via facsimile).
Nov. 06, 2001 Order of Pre-hearing Instructions issued.
Nov. 06, 2001 Notice of Hearing issued (hearing set for December 13, 2001; 9:30 a.m.; Fort Lauderdale, FL).
Oct. 29, 2001 Notice of Appearance (filed by N. Ashbeafi via facsimile).
Oct. 22, 2001 Initial Order issued.
Oct. 19, 2001 Administrative Complaint filed.
Oct. 19, 2001 Election of Rights filed.
Oct. 19, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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