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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs CHARLES D. ROSE, 08-003055PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003055PL Visitors: 8
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.
Source:  Florida - Division of Administrative Hearings

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