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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs REFAIR G. FREEMAN, 02-002910PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002910PL Visitors: 4
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: REFAIR G. FREEMAN
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Jul. 22, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 25, 2002.

Latest Update: Jun. 01, 2024
DA-AH/O9C ER ges oe OP Bs ” STATE OF FLORIDA - EDUCATION PRACTICES COMMISSION YUL 22 CHARLIE CRIST, as PALE Commissioner of Education, Petitioner, vs. CASE NO. 012-0782-C REFAIR G. FREEMAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against REFAIR G. FREEMAN. 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 420447, covering the area of physical education, which is valid through June 30, 2002. 2. Atall times pertinent hereto, the Respondent was employed as a physical education teacher at George Monroe Elementary School, in the Gadsden County School District. MATERIAL ALLEGATIONS 3. Persons alleging to be Refair G. Freeman, the Respondent, took the College-Level Academic Skills Test (CLAST) three times between August 2000 and June 2001. The handwriting on the test materials was analyzed on or about September 10, 2001, and on or about October 2, 2001. by a Forensic Document Examiner. The examiner examined the handwriting on the CLAST Test Book Receipt Cards, the Answer Sheets, and the essays on the three tests and determined that it was the same person’s handwriting on these documents in the first two tests but that it was a different person’s handwriting on these documents on the last test taken, which was on June 2, 2001, and Refair G. Freeman Administrative Complaint Page 2 of 2 thereby inferred that a different person had taken the test on June 2, 2001. The Florida Department of Education’s review committee reviewed the test materials and concurred. The committee subsequently invalidated the test scores issued for Refair G. Freeman for the June 2, 2001 test. 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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 8 dayof_ MA , 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-002910PL
Issue Date Proceedings
Sep. 25, 2002 Order Closing File issued. CASE CLOSED.
Sep. 24, 2002 Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
Sep. 09, 2002 Petitioner`s Motion for Order Allowing Witness to Testify at Final Hearing By Telephone filed.
Aug. 19, 2002 Petitioner`s First Request for Production filed.
Aug. 19, 2002 Petitioner`s First Set of Interrogatories filed.
Aug. 19, 2002 Petitioner`s First Request for Admissions to Respondent filed.
Aug. 19, 2002 Notice of Service of Petitioner`s First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
Aug. 08, 2002 Order of Pre-hearing Instructions issued.
Aug. 08, 2002 Notice of Hearing issued (hearing set for September 30, 2002; 9:00 a.m.; Tallahassee, FL).
Aug. 08, 2002 Petitioner`s Response to Initial Order filed.
Jul. 22, 2002 Administrative Complaint filed.
Jul. 22, 2002 Election of Rights filed.
Jul. 22, 2002 Agency referral filed.
Jul. 22, 2002 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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