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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs EARL T. BLACKWELDER, 03-000305PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000305PL
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: EARL T. BLACKWELDER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Clearwater, Florida
Filed: Jan. 27, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 8, 2003.

Latest Update: Oct. 05, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs CASE NO. mnie DB-osas re EARL T. BLACKWELDER, OD-O305 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against EARL T. BLACKWELDER. 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-1.001, Florida Administrative Code, Code of Ethics of the Education Profession in Florida, and Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, and said sanctions specifically set forth in Sections 231.262(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 343950, covering the area of Physical Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Hollins High School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about December 6, 2000, in Pinellas County, the Respondent entered the home of T.C. without permission, and upon finding the Respondent’s wife and T.C. in a compromising position, exhibited a firearm in a rude, careless, angry or threatening manner in their presence. He also willfully and maliciously injured or damaged personal property of T.C., valued at more than $200.00 but less than $1,000.00, by smashing, breaking and/or throwing T.C.'s furniture. Respondent was arrested and charged with one count of misdemeanor Improper Exhibition of a Firearm or Weapon and one count of misdemeanor Criminal Mischief. He pled guilty to both counts. On February, 15, 2001, the court withheld adjudication on both counts and sentenced him EARL T. BLACK WELDER Administrative Complaint Page 2 of 2 to two years probation, $3,600.00 in restitution, no contact with the victims, forfeiture of his weapon, anger management class, and court costs and fines of $225.00. On or about December 14, 2000, the Pinellas County School District placed Respondent on administrative leave with pay pending an investigation. On or about June 27, 2002, Respondent resigned his teaching position effective the same day. 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: Section 231.2615(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(3), Florida Administrative Code, in the Respondent has failed to be aware of the importance of maintaining the respect and confidence of his colleagues, of students, of parents and of other members of the community and that Respondent has failed to achieve and sustain the highest degree of ethical conduct. 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_/7__ dayof Decembor __,2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000305PL
Source:  Florida - Division of Administrative Hearings

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