Elawyers Elawyers
Washington| Change

DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JOSE M. PADILLA, 09-000375PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000375PL Visitors: 31
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JOSE M. PADILLA
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 23, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 17, 2009.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION O4-6d15 PL DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 067-1173-1 JOSE M. PADILLA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JOSE M. PADILLA. 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 824625, covering the areas of Physical Education and Exceptional Student Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Thomas Jefferson Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. In or around April 2004, the Respondent submitted a request to the Miami-Dade County School District for a credential payment, a pay increase based on having an advanced degree. In support of that request, the Respondent provided a transcript from one Amstead University, which indicated that he had purportedly earned a Master’s Degree. 4. Amstead University is not an accredited institution. Amstead University is an online service that offers to provide customers with a degree and transcript for the payment of a fee, based JOSE M. PADILLA Administrative Complaint Page 2 of 3 not upon course-work or academic study, but upon purported life experience. 5. The purported master’s degree given to the Respondent was not an earned, academic degree. 6. Without the purported master’s degree from Amstead University, the Respondent would not otherwise qualify for the pay increase requested. 7. The Respondent knew that the purported master’s degree from Amstead University was not an earned, academic degree, but he held it out as such, and he intended for the District to rely upon that representation in order to grant him a pay increase. The Petitioner charges: 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT4: The Respondentis in violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented his professional qualifications. COUNTS: The Respondentis 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) JOSE M. PADILLA Administrative Complaint Page 3 of 3 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 Cornmission impose an appropriate sanction against the Respondent’s 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. EXECUTED on this_/ ite day of Tarsocy 2008. CommisSioner of Education State of Florida

Docket for Case No: 09-000375PL
Issue Date Proceedings
Mar. 17, 2009 Order Closing File. CASE CLOSED.
Mar. 17, 2009 Deposition of Jose M. Padilla filed.
Mar. 17, 2009 Notice of Filing, Deposition of J. Padilla filed.
Mar. 16, 2009 Joint Motion to Cancel Hearing Relinquish Jurisdiction to EPC to Conduct a Formal Hearing filed.
Mar. 12, 2009 Motion to Relinquish Jurisdiction to EPC in the Absence of Any Disputed Material Facts filed.
Feb. 27, 2009 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Feb. 02, 2009 Order of Pre-hearing Instructions.
Feb. 02, 2009 Notice of Hearing by Video Teleconference (hearing set for March 25, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 29, 2009 Joint Response to Initial Order filed.
Jan. 23, 2009 Initial Order.
Jan. 23, 2009 Administrative Complaint filed.
Jan. 23, 2009 Election of Rights filed.
Jan. 23, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 23, 2009 Agency referral filed.
Jan. 29, 2008 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 29, 2008 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 29, 2008 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer