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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs NATHANIEL L. BELL, 03-002936PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002936PL Visitors: 28
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: NATHANIEL L. BELL
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Aug. 13, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 26, 2003.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-0822-M NATHANIEL L. BELL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against NATHANIEL L. BELL. 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, 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 338068, covering the areas of Biology, Chemistry and Physics, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Science teacher at Deerfield Beach High School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about September 8, 2000, the Respondent was in actual or constructive possession of a baggie containing cocaine. He was arrested and charged with Possession of Cocaine and the civil infraction of Running a Stop Sign. On or about September 14, 2000, the school district placed the Respondent on administrative reassignment with pay. On or about July 6, 2001, the school board and the Respondent entered into an agreement, some of the conditions of which included the following: 1) the agreement would serve as a letter of reprimand, 2) the Respondent would be suspended without pay from August 21, 2001 through August 27, 2001, inclusive; 3) the Respondent would submit to the Employee Assistance Program, follow all recommended treatment and be subject to random drug testing for 2 years; 4) the Respondent would maintain satisfactory performance so that he would receive satisfactory evaluations; and 5) the Respondent’s failure to NATHANIEL L. BELL Administrative Complaint Page 2 of 2 comply with the terms in the agreement would result in the district’s recommendation that he be terminated. On or about July 9, 2001, the Respondent pled guilty to Possession of Cocaine. The court withheld adjudication and placed him on 18 months of probation, during which time he was to perform 200 hours of community service and submit to random drug testing. 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)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: 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 4: The allegations of misconduct set forth herein are in violaticn of Rule 6B- 1.001(2), Florida Administrative Code, in that Respondent has failed to have his primary professional concern always be for the student and for the development of the student's potential and has failed to seek to exercise the best judgment and integrity. 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_ 27 dayof See mbhe~ _, 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-002936PL
Issue Date Proceedings
Sep. 26, 2003 Order Closing File. CASE CLOSED.
Sep. 25, 2003 Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Sep. 08, 2003 Amended Administrative Complaint (filed by Petitioner via facsimile).
Aug. 25, 2003 Order of Pre-hearing Instructions.
Aug. 25, 2003 Notice of Hearing (hearing set for October 16 and 17, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Aug. 22, 2003 Notice of Service of Interrogatories (filed by Respondent via facsimile).
Aug. 21, 2003 Joint Amended Response to Initial Order (filed by C. Whitelock via facsimile).
Aug. 21, 2003 Joint Response to Initial Order (filed by C. Whitelock via facsimile).
Aug. 13, 2003 Administrative Complaint filed.
Aug. 13, 2003 Election of Rights filed.
Aug. 13, 2003 Request for Administrative Hearing, Notice of Appearance filed.
Aug. 13, 2003 Agency referral filed.
Aug. 13, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

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