Petitioner: DEPARTMENT OF EDUCATION, COMMISSION FOR INDEPENDENT EDUCATION
Respondent: THE ACADEMY OF FORT LAUDERDALE
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 23, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 29, 2003.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA 03 ay 23 Pat
DEPARTMENT OF EDUCATION l2: 15
COMMISSION FOR INDEPENDENT EDUCATION 4 on i hob.
DEPARTMENT OF EDUCATION, NGS ‘
COMMISSION FOR INDEPENDENT
EDUCATION,
Petitioner, O> O39 Ss”
vs. . Case No. 2002-0005
THE ACADEMY OF FORT LAUDERDALE,
Respondent,
ADMINISTRATIVE COMPLAINT
COMES NOW, the Petitioner, Commission for Independent Education, hereinafter
referred to as “Petitioner,” by and through undersigned counsel, files this administrative
Complaint before the Commission for Independent Education against the Academy ‘of Weston
hereinafter referred to as “Respondent,” and alleges:
1 Petitioner is the state agency charged with licensing and regulating all nonpublic
post secondary career schools pursuant to Sections 246.201-246.231, Florida Statutes, and the
tules promulgated thereto.
2. Respondent is, and has been at all times material hereto, a licensed school, having
been issued license No. 2375. |
3. Respondent’s last known address and address of record is 1900 West Commercial
Blvd., Suite 207, Fort Lauderdale, Florida 33309.
4. On or about May 31, 2002, Respondent was advertising on a website stating:
a. The Academy guarantees to be the lowest priced Microsoft Certified
Computer training center in the country!
Exhibit “A”
b. The Academy guarantees you will pass the certification exams.
c. The Academy is South Florida’s premier Microsoft Certified Technical
Education Center.
5. On or about May 31, 2002, Petitioner contacted Respondent by phone and
informed, Respondents’s President, Mr. John Steele, that his website advertising was violating
the Petitioner’s rules. Mr. Steele assured Petitioner that the website violations would be corrected
by the following week.
6. Respondent did not make any attempt to change the website. On or about October
14, 2002, further iavetigatog revealed that the Respondents’ website advertising was still
advertising the following: .
a. The Academy guarantees to be the lowest priced Microsoft Certified
Computer training center in the country!
b. The Academy guarantees you will pass the certification exams.
c. The Academy is South Florida’s premier Microsoft Certified Technical
| Education Center.
7. In May 2002, Petitioner received an Academy advertising flyer where
Respondent stated the following in the advertisement:
a. Guaranteed lowest priced Microsoft school in the country
b. Test pass guarantee!
c. Free job placement!
d. Do you want to make $65,900.00 as a Network engineer Next Year? We have
the training and the Jobs waiting for you...
8. On or about June 3, 2002, Petitioner received a faxed advertising flyer about the
Academy. The faxed advertising flyer dated June 2, 2002 stated: “The Academy has become one
of South Florida’s leading MSCE institutions.”
9. On or about June 5, 2002, Petitioner informed Respondent by letter that all the
schools, known as “The Academy,” shall submit copies of all advertising to the Petitioner for
approval including scripts for all radio and television ads, photocopies of all print media and
regular updates(weekly) about the website. No website updates have been provided to Petitioner
to date.
10. Onor about August 12, 2002, Petitioner received a complaint about the |
Academy’s radio advertisement. Upon further investigation, Petitioner discovered that the
Academy was running a radio advertisement in South Florida that stated: “During the month af
August, all students taking the Network Engineer’s Program will receive a Dell Computer as part
of the program.”
11, Owor about August 28, 2002, Petitioner spoke to Respondent’s employee, Ms.
Anne McSoley, and told her of the advertising violations. Ms. McSoley agreed that the Academy
would pull the radio advertisement and any other advertisement that has similar language
because of the violations. She further agreed that the Academy would offer free computers to all
of their students in the Network Associate and Network Engineering programs, all the time
instead of by the month.
12. On or about August 28, 2002, Petitioner sent a follow-up letter reiterating the
conversation that took place with Ms. McSoley detailing The Academy’s rule violations
pertaining to radio advertisement.
13. On September 4, 2002, Respondent responded to Petitioner on letterhead listing
Miami, Weston, Ft. Lauderdale, West Palm Beach, Clearwater, Tampa and, Orlando for its
school locations. No licensed schools exist in Tampa and Orlando. Attached to the letter was
radio script advertisement stating: “During the month of September all qualified students who
enroll in the network engineers program will receive a Dell computer.”
COUNT ONE
14. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through three and seven as though fully set forth in this Count One.
15. Section 246.228(f), Florida Statutes, authorizes disciplinary actions by the
Commission for violating any statutory provision or rule of the Commission.
16. ule 6F-2.004(3), F.A.C. states: “No school, in its advertising or through
activities of its owners, officers, or representatives shall guarantee or imply the guarantee of
employment or ey certain wage or of salary either before enrollment, during the program(s), or
~ after the completion thereof. The term lifetime placement shall not be used.”
17. Based on the foregoing, the Respondent is subject to discipline pursuant to
Section 246.228(f), Florida Statutes, for violation of Rule 6F-2.004(3), F.A.C. by advertising on
the flyer and implying guaranteed employment with the statement: “Do you want to make
$65,900 as a Network engineer Next Year. We have the training and the Jobs waiting for you.”
Such a violation subjects Respondent to disciplinary action by the Commission for Independent
Education.
COUNT TWO
18. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through thirteen as though fully set forth in this Count Two.
19, Section 246.228(f}, Florida Statutes, authorizes disciplinary actions by the
Commission for violating any statutory provision or rule of the Commission.
20. Rule 6F-2.004(5), FA.C., states: “All advertising by a school shall be factual. No
statement, illustration, representation or omission shall be made or used which misleads or tends
to mislead students or the public. Overstatements, superlatives, or exclusive shall not be used.
The word free, shall only be used when there is unconditional access to the item or service
without cost or obligation of any type.”
21. Based on the foregoing, the Respondent is subject to discipline pursuant to section
246.2289(f), Florida Statutes, for violation of Rule 6F-2.004(5), FA.C., by advertising on the
website and stating: “The Academy is South Florida’s premier Microsoft Certified Technical
Education Center,” by advertising on the faxed advertising flyer that: “ The Academy has
become one of South Florida’s leading MSCE institutions” and the radio advertisement that
stated: “During the month of August, all students taking the Network Engineer’s pepe will
receive a Dell computer as part of the program.” Respondent also violated said rule by listing two -
locations of non-licensed schools, Tampa and Orlando on the letterhead which is not factual.
Such violations subject Respondent to disciplinary action by the Commission for Independent
Education.
COUNT THREE
22. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through seven as though fully set forth in this Count Three.
23, Section 246.228.(f), Florida Statutes, authorizes disciplinary actions by the
Commission for violating statutory provision or rule of the Commission.
24. — Rule 6F-2.004(12), F.A.C., states: “A guarantee of placement for graduates shall
not be promised or implied by any school owner, partner, officer, ernployee, agent or salesman
thereof.”
25. Based on the foregoing, the Respondent is subject to discipline pursuant to
Section 246.228(f), Florida Statutes, for violation of Rule 6F-2.004(12), F.A.C., by stating on the
advertisement flyer that there is “free job placement.” And, therefore Respondent is subject to
disciplinary action by the Commission for Independent Education.
WHEREFORE, Petitioner respectfully requests the Commission for Independent
Education to enter an Order imposing one or more of the following penalties: revocation or
suspension of the Respondent’s license, imposition of an administrative fine; assessment of the
costs for investigation and prosecution of this matter; issuance of a reprimand; placement of the
( Commission deems appropriate.
we
2002.
COUNSEL FOR PETITIONER:
June McKinney Bartelle
Assistant Attorney General
Office of the Attorney General
Administrative Law Section
PL-01, The Capitol
_Tallahassee, FL 32399-1050
Respondents’s license on probation for a period of time and subject to terms and/or conditions;
corrective action, refund of fees billed and collected; and/or any other relief which the
SIGNED this _- G day of Qe carn ber.
By. D4
Jund McKinney Bartelle
Assistant Attorney General
FILED
Commission for Independent Education
Agency Clerk
CLERK Bemanrel BD trapnsor/
DATE Decomelar D g 2O02r_
FAUsers\ADMINUune\Comm for Indpt Ed\Prosecution\Dec 02 PCP\FT, LAUDERDALE \Academy of Ft. Lauderdale
#2375.wpd
PLP 12/05/0a
Docket for Case No: 03-000225
Issue Date |
Proceedings |
Jun. 27, 2003 |
Motion to Withdraw as Attorney (filed by B. Harris via facsimile).
|
Apr. 29, 2003 |
Order Closing File issued. CASE CLOSED.
|
Apr. 28, 2003 |
Joint Motion to Cancel Scheduled Hearing and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Mar. 06, 2003 |
Amended Notice of Video Teleconference issued. (hearing scheduled for May 12, 2003; 9:00 a.m.; Miami and Tallahassee, FL, amended as to Video, Date , and Location of Hearing).
|
Feb. 05, 2003 |
Order of Pre-hearing Instructions issued.
|
Feb. 05, 2003 |
Notice of Hearing issued (hearing set for May 13, 2003; 9:00 a.m.; Miami, FL).
|
Feb. 04, 2003 |
Order of Consolidation issued. (consolidated cases are: 03-000221, 03-000222, 03-000223, 03-000224, 03-000225)
|
Feb. 04, 2003 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Jan. 31, 2003 |
Motion to Consolidate (cases requested to be consolidated 03-0225, 03-0221, 03-0222, 03-0223, 03-0224) (filed by B. Harris via facsimile).
|
Jan. 31, 2003 |
Motion to Disqualify Judge (filed by B. Harris via facsimile).
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Jan. 31, 2003 |
Response to Initial Order (filed by B. Harris via facsimile).
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Jan. 24, 2003 |
Initial Order issued.
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Jan. 23, 2003 |
Administrative Complaint filed.
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Jan. 23, 2003 |
Petition for Formal Administrative Hearing filed.
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Jan. 23, 2003 |
Agency referral filed.
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