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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs BARRY HILL, 02-000298PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000298PL Visitors: 134
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: BARRY HILL
Judges: ROBERT E. MEALE
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jan. 22, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 1, 2002.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. ; CASE NO. 990-1875-M BARRY HILL, Respondent. / , ‘ a a . . } ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Barry Hill. The Petitioner seeks the appropriate disciplinary sanction of the 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 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTIO 1. The Respondent holds Florida Educator’s Certificate 427540, covering the area of Occupational Specialist, which is valid through June 30, 2002. ec ussu 2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Palm Beach Gardens High School, in the Palm Beach County School District. intoxicated. Respondent was also in possession of a controlled substance, Cocaine, Respondent had been stopped by police for a traffic violation and was found to be drunk and had in his possession cocaine. Respondent was arrested and charged with Driving Under the Influence and Possession SRT pee pe Barry Hill Administrative Complaint 2 of 2 substance abuse evaluation, random . drug abuse testing, fifty hours of community service, six months license suspension and court costs and fees. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 231.28(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. ‘ COUNT 3: The Respondent is in violation of Section 231.28(1)(®), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 4: The Respondent is in violation of Section 231.28(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(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_ 21 © day of Vorn~ , 2000. =<... co Cee TOM GALLAC SHER, as Commissioner of Education ‘State of Florida cor osbiai a aauonmihaptet artis.

Docket for Case No: 02-000298PL
Issue Date Proceedings
Jul. 24, 2002 Motion to Reopen Case filed by Petitioner.
May 02, 2002 Motion for Protective Order (filed by M. Wilensky via facsimile).
May 01, 2002 Order Closing File issued. CASE CLOSED.
Apr. 29, 2002 Joint Pretrial Stipulation (filed via facsimile).
Apr. 29, 2002 Petitioner`s Response to Respondent`s Motion for Abeyance (filed via facsimile).
Apr. 29, 2002 Opposed Motion for Abeyance (filed by Respondent via facsimile).
Apr. 25, 2002 Petitioner`s Motion for Court to Take Judicial Notice (filed via facsimile).
Apr. 23, 2002 Notice of Taking Deposition, Records Custodian of Dubiner & Wilensky (filed via facsimile).
Apr. 22, 2002 Order Denying Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts issued.
Apr. 18, 2002 Respondent`s Response to Petitioner`s Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed via facsimile).
Apr. 09, 2002 Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed by Petitioner via facsimile).
Feb. 26, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 2 and 3, 2002; 9:30 a.m.; West Palm Beach, FL).
Feb. 13, 2002 Agreed Motion for Continuance of Hearing (filed via facsimile).
Feb. 01, 2002 Order of Pre-hearing Instructions issued.
Feb. 01, 2002 Notice of Hearing issued (hearing set for April 4 and 5, 2002; 10:00 a.m.; West Palm Beach, FL).
Jan. 31, 2002 Notice of Appearance (filed by C. Whitelock via facsimile).
Jan. 30, 2002 Response to Initial Order (filed by Petitioner via facsimile).
Jan. 23, 2002 Initial Order issued.
Jan. 22, 2002 Notice of Appearance (filed by M. Haynes).
Jan. 22, 2002 Administrative Complaint filed.
Jan. 22, 2002 Election of Rights filed.
Jan. 22, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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