Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: CHARLES D. ROSE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Bradenton, Florida
Filed: Jun. 23, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 6, 2008.
Latest Update: Dec. 24, 2024
OF 2005P- ey
STATE OF FLORIDA .
EDUCATION PRACTICES COMMISSIO)D, JUN 23 A Ik 22
JEANINE BLOMBERG, as Al MouSTR ae E
Commissioner of Education, - ‘d EARINGS ‘
Petitioner,
vs. CASE NO. 056-3288-B
CHARLES D. ROSE,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Jcaninc Blomberg, as Commissioner of Education, files this Administrative
Complaint against CHARLES D. ROSE. ‘The Petitioner secks the appropriate disciplinary sanction
of the Respondent's educator's certificate pursuant to Sections 1012.795 and 1012.796, Florida
Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional
Conduet for the Education Profession in Florida, said sanctions specifically set forth in Sections
1012.795(1) and 1012.796(7), Florida Statutes.
‘The Petitioner alleges:
JURISDICTION
1. ‘The Respondent holds Florida Educator’s Certificate 815699, covering the areas of
Elementary Education and Exceptional Student Education, which is valid through June 30, 2011.
2. At all times pertinent hercto, the Respondent was employed as a Specific Learning
Disabilities Teacher at Bayshore Elementary School in the Manatee County School District.
MATE ALLEGATIONS
3. On or about December 14, 2005, the Respondent was under the influence of alcohol
while on duty.
4, On or about December 14, 2005, the Respondent was in possession of an alcoholic
beverage in his classroom during the school day.
5. On or about May 4, 2006, the Respondent executed an application for renewal of his
Florida Educator's Certificate. On the application the Respondent answered "no" to the question
CHARLES D. ROSE
Administrative Complaint
Page 2 of 3
“Have you ever been convicted, found guilty, had adjudication of guilt withheld, entered a pretrial
diversion program, pled guilty or nolo contendere (no contest) lo a criminal offense other than a
minor traffic violation (DUI is not a minor traffic offense)?” The Respondent's answer to this
question was false in that he had been arrested and charged with the criminal offense of fraud in
obtaining medical drugs by forging a prescription on or about January 17, 2003. On or about April
16, 2003, the case was adjudicated and the Court permitted the Respondent to enter a pre-trial
diversion program.
STATUTE VIOLATIONS
COUNT 1: | The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude.
COUNT2: The Respondent is in violation of Section 1012.795(1)(4), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable c{lfort
to protect the student from conditions harmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
COUNT 4: — 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.
COUNTS: — The Respondent is in violation of Rule 6B.1006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on a document in connection with
professional activities.
(SIGNATURE ON FOLLOWING PAGE)
CHARLES D. ROSE
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons sct forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
io the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutcs. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent's educator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s cducator's certificate for a period of time up to 10
years or permanently; or barring the Respondent from vcapplying for an educator’s certificate for
a period of time up to 10 years or permanently.
EXECUTED on this Z1 day of_OQUne » 2007.
'
Leper. Alonbog
Ge. INE BLOMBERG, as
Commissioner of Education
State of Florida
Docket for Case No: 08-003055PL
Issue Date |
Proceedings |
Aug. 06, 2008 |
Order Closing File. CASE CLOSED.
|
Aug. 05, 2008 |
Joint Motion to Close File filed.
|
Jul. 09, 2008 |
Certificate of Service of Discovery filed.
|
Jul. 02, 2008 |
Order of Pre-hearing Instructions.
|
Jul. 02, 2008 |
Notice of Hearing (hearing set for August 14, 2008; 9:00 a.m.; Bradenton, FL).
|
Jun. 30, 2008 |
Petitioner`s First Request for Production of Documents filed.
|
Jun. 30, 2008 |
Petitioner`s First Set of Interrogatories to Respondent filed.
|
Jun. 30, 2008 |
Petitioner`s First Requests for Admissions to Respondent filed.
|
Jun. 30, 2008 |
Certificate of Service of Discovery filed.
|
Jun. 30, 2008 |
Unilateral Response to Initial Order filed.
|
Jun. 23, 2008 |
Initial Order.
|
Jun. 23, 2008 |
Administrative Complaint filed.
|
Jun. 23, 2008 |
Election of Rights filed.
|
Jun. 23, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jun. 23, 2008 |
Agency referral filed.
|