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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs LISA CHANTEL HUYLER, 08-005339PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005339PL Visitors: 2
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: LISA CHANTEL HUYLER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 22, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 5, 2009.

Latest Update: Oct. 03, 2024
STATE OF FLORIDA & tl 4 EDUCATION PRACTICES COMMISSION “Np “ & & ey ~ <2 DR. ERIC J. SMITH, as Ov > 394 AnkYas vn, 44, 0 Commissioner of Education, Wels 7p Or . : PMs ee Petitioner, vs. , CASE NO. 056-0901-J LISA CHANTEL HUYLER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against LISA CHANTEL HUYLER. The Petitioner seeks 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 Conduct 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 882683, covering the area of Elementary Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Regional Center III in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Before, during and/or after 2002, Respondent dated Ellis Peet. On or about J uly 15, 2005, the state attorney’s office filed information against Mr. Peet and others charging them with Racketeering and Conspiracy to Racketeer by unlawfully increasing grades for students and former students on the computer system at Florida Memorial College (now University). Respondent directed one or more persons to Mr. Peet for the purpose of increasing the grade of one or more classes for a fee. LISA CHANTEL HUYLER. Administrative Complaint Page 2 of 4 4, On or about February 23, 2000, April 24, 2001 and February 21, 2002, Respondent made arrangements with one or more persons to increase the grades she received in five classes on her transcript at Florida Memorial. Respondent succeeded in having all five grades changed illegally. " 5. Respondent willfully and knowingly applied for graduation from Florida Memorial based in part on the illegally increased grades. On or about J uly 28, 2001, Respondent graduated from Florida Memorial. 6. After having her grades unlawfully increased, Respondent applied for a position requiring a Florida educator’s certificate with the Miami-Dade County’School Board in 2001 or 2002. Respondent willfully and knowingly provided the school board with the altered transcript from Florida Memorial for the purpose of gaining employment in a position requiring a Florida educator’s certificate. Respondent was in fact employed by the school board beginning August 15, 2002. 7. After having her grades unlawfully increased, Respondent applied for a Florida educator’s certificate from the Department of Education in May 2002. Respondent provided the Department with the altered transcript for the purpose of gaining certification, The Department issued Respondent a Florida educator’s certificate on Tune 24, 2002. 8. In May 2002, Florida Memorial discovered that one or more persons had gained unlawful access to the college’s data base and changed students’ gfades. Subsequently, an investigation found that over 120 students and former students of Florida Memorial benefitted from unauthorized grade changes. 9. By letters to Respondent dated January 20 and 27, 2003, Florida Memorial notified Respondent of the results of its investigation as to her grades. Florida Memorial specifically found that Respondent attained five grade changes illegally in an attempt to misrepresent her undergraduate record. Further, Florida Memorial found Respondent guilty of misrepresentation and academic dishonesty. Florida Memorial imposed various sanctions against Respondent, including: loss of credit in the courses where the grade was increased; revoking/rescinding her degree; expelling her immediately with no future ability to matriculate to or graduate from Florida Memorial; and permanently barring her from campus. With the January 20 letter, Florida Memorial provided Respondent with a corrected transcript of her grades showing no credit for the courses in question and no degree. 10. After having her grades unlawfully increased, being notified by Florida Memorial that her degree was revoked/rescinded and being provided with a corrected transcript, Respondent LISA CHANTEL HUYLER Administrative Complaint Page 3 of 4 applied for a Florida educator’s certificate from the Department of Education in Jime 2004. Respondent willfully and knowingly failed to provide the Department with a copy of the Florida Memorial transcript showing that no degree was awarded. Further, Respondent willfully and knowingly stated on the application that she had a degree from Florida Memorial, when she new or should have known the degree had been rescinded/revoked. The Department issued Respondent a Florida educator’s certificate on August 8, 2004. 1]. Effective January 5, 2007, Respondent resigned from her position with the school board. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate:by fraudulent means, COUNT 2: 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. COUNT3: The Respondentis in violation of Section 1012.795(1)(, Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. ‘ COUNT 4: The Respondent is in violation of Section 1012.795(1)(), 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 5: 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. COUNT6: TheRespondentis in violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented her professional qualifications. COUNT7: The Respondentis in violation of Rule 6B.1 006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. COUNT8: The Respondentis in violation of Rule 6B.1 006(5)(@), Florida Administrative LISA CHANTEL HUYLER Administrative Complaint Page 4 of 4 Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in her own or another’s application for‘a professional position. WHEREFORE, based on the reasons set 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 Respondents educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. 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 educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. +S vot December EXECUTED on this 1@" ~ day of 200) Commissioner of Education State of Florida

Docket for Case No: 08-005339PL
Issue Date Proceedings
Jan. 05, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 18, 2008 Order Canceling Hearing.
Dec. 15, 2008 Petitioner`s Pre-hearing Statement filed.
Dec. 15, 2008 Petitioner`s Renewed Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts/Motion to Compel/Motion for Sanctions filed.
Dec. 11, 2008 Petitioner`s Motion for Sanctions filed.
Dec. 09, 2008 Order Denying Petitioner`s Motion to Relinquish Jurisdiction.
Dec. 08, 2008 Request for Admissions filed.
Dec. 08, 2008 Petitioner`s Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts/Motion to Compel/Motion for Sanctions filed.
Nov. 12, 2008 Letter to Judge Sartin from H. Sands regarding non-representation of Respondent filed.
Nov. 10, 2008 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Nov. 10, 2008 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Nov. 10, 2008 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Nov. 10, 2008 Letter to Judge Sartin from H. Benjamin Sands that he does not represent Respondent filed.
Nov. 07, 2008 Letter to Judge Sartin from H. Sands regarding non-representation of Respondent filed.
Nov. 05, 2008 Order Directing Filing of Exhibits.
Nov. 05, 2008 Order of Pre-hearing Instructions.
Nov. 05, 2008 Notice of Hearing by Video Teleconference (hearing set for December 19, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 27, 2008 Undeliverable envelope returned from the Post Office.
Oct. 22, 2008 Initial Order.
Oct. 22, 2008 Administrative Complaint filed.
Oct. 22, 2008 Election of Rights filed.
Oct. 22, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 22, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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