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
Issue Date |
Proceedings |
Apr. 08, 2003 |
Order Closing File issued. CASE CLOSED.
|
Apr. 07, 2003 |
Unopposed Motion to Cancel Hearing (filed by Petitioner via facsimile).
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Feb. 21, 2003 |
Petitioner`s Notice of Deposition, E. Blackwelder (filed via facsimile).
|
Feb. 05, 2003 |
Notice of Hearing issued (hearing set for April 22, 2003; 9:00 a.m.; Clearwater, FL).
|
Feb. 05, 2003 |
Order of Pre-hearing Instructions issued.
|
Feb. 03, 2003 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Jan. 29, 2003 |
Initial Order issued.
|
Jan. 27, 2003 |
Administrative Complaint filed.
|
Jan. 27, 2003 |
Finding of Probable Cause filed.
|
Jan. 27, 2003 |
Election of Rights filed.
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Jan. 27, 2003 |
Request for Administrative Hearing filed.
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Jan. 27, 2003 |
Agency referral filed.
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