Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: BERT PECK
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Mar. 25, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 12, 2002.
Latest Update: Jan. 09, 2025
—____ | LRASU PL,
STATE OF FLORIDA “Oop & D
EDUCATION PRACTICES COMMISSION r / 9 an Y
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Biseio “26
Charlie Crist, as “4.pAM4 iy
Commissioner of Education, Bg ie
Petitioner, : ;
vs. CASE NO. 001-0415-M
Bert Peck, : '
i
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative
Complaint against Bert Peck. The Petitioner seeks the appropriate disciplinary sanction of the i
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 k
for the Education Profession in Florida, said sanctions specifically set forth in Sections
231.262(6) and 231.2615(1), Florida Statutes. a i
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 tum 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.
eae:
SE nee eee
Bert Peck
Administrative Complaint
Page 2 of 2
STATUTORY VIOLATIONS
a rE RATING
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 onthis_Z@ dayof_ SS. uly , 2001.
Charlie Crist, as
Commissioner of Education,
State of Florida
Docket for Case No: 02-001501PL
Issue Date |
Proceedings |
Sep. 12, 2002 |
Order Closing File issued. CASE CLOSED.
|
Sep. 11, 2002 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction EPC (filed by Petitioner via facsimile).
|
Aug. 08, 2002 |
Letter to Judge Sartin from C. Whitelock advising parties have reached a settlement (filed via facsimile).
|
Jun. 24, 2002 |
Subpoena Duces Tecum, K. Welby filed.
|
Jun. 24, 2002 |
Subpoena Ad Testificandum, D. Gray filed.
|
Jun. 24, 2002 |
Subpoena Duces Tecum, L. Schader filed.
|
Jun. 20, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by August 9, 2002).
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Jun. 17, 2002 |
Subpoena Duces Tecum, B. deCosmo, L. Magnett, S. Friedman filed.
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Jun. 13, 2002 |
Petitioner`s Response to Respondent`s Emergency Motion (filed via facsimile).
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Jun. 13, 2002 |
Exhibit 1 (filed by Respondent via facsimile).
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Jun. 13, 2002 |
Respondent`s Notice of Taking Depositions, J. Vernon, S. Fouladi, K. Welby, R. Redshaw, J. McCanna (filed via facsimile).
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Jun. 13, 2002 |
Emergency Motion for Protective Order and to Cancel Scheduled Hearing and Hold Proceeding in Abeyance (filed by Respondent via facsimile).
|
Jun. 07, 2002 |
Respondent`s Notice of Taking Depositions, J. Vernon, S. Fouladi, K. Welby, R. Redshaw, J. McCanna (filed via facsimile).
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May 02, 2002 |
Order of Pre-hearing Instructions issued.
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May 02, 2002 |
Notice of Hearing issued (hearing set for June 19 and 20, 2002; 9:30 a.m.; Fort Lauderdale, FL).
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Apr. 24, 2002 |
Response to Order Granting Motion to Reopen Case and Motion to Amend Complaint (filed by Petitioner via facsimile).
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Apr. 17, 2002 |
Order Granting Motion to Reopen Case and Motion to Amend Complaint issued.
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Mar. 25, 2002 |
Motion to Reopen Case and Motion to Amend Complaint filed.
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Oct. 19, 2001 |
Administrative Complaint filed.
|
Oct. 19, 2001 |
Election of Rights filed.
|
Oct. 19, 2001 |
Agency referral filed.
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