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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs BERT PECK, 02-001501PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001501PL Visitors: 2
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 4a . 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).
Jun. 17, 2002 Subpoena Duces Tecum, B. deCosmo, L. Magnett, S. Friedman filed.
Jun. 13, 2002 Petitioner`s Response to Respondent`s Emergency Motion (filed via facsimile).
Jun. 13, 2002 Exhibit 1 (filed by Respondent via facsimile).
Jun. 13, 2002 Respondent`s Notice of Taking Depositions, J. Vernon, S. Fouladi, K. Welby, R. Redshaw, J. McCanna (filed via facsimile).
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).
May 02, 2002 Order of Pre-hearing Instructions issued.
May 02, 2002 Notice of Hearing issued (hearing set for June 19 and 20, 2002; 9:30 a.m.; Fort Lauderdale, FL).
Apr. 24, 2002 Response to Order Granting Motion to Reopen Case and Motion to Amend Complaint (filed by Petitioner via facsimile).
Apr. 17, 2002 Order Granting Motion to Reopen Case and Motion to Amend Complaint issued.
Mar. 25, 2002 Motion to Reopen Case and Motion to Amend Complaint filed.
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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