Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: BRIAN ANTHONY BUTCHER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: May 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2009.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA __
_ EDUCATION PRACTICES COMMISSION — i,
co
DR. ERIC J. SMITH, as (\4- %99 p , nO op
Commissioner of Education, MEA By hie FRay, ah ve
Petitioner,
vs. CASE NO. 089-0314
BRIAN ANTHONY BUTCHER,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against BRIAN ANTHONY BUTCHER. The Petitioner seeks the appropriate
disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315,
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 1003734, covering the areas of
Educational.Leadership and Social Science, which is valid through June 30, 2012.
2. Atall times pertinent hereto, the Respondent was employed as a Curriculum Support
Specialist at Miami Edison Senior High School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about August 16, 2007, the Respondent submitted a request for increase in
salary based on teaching experience to the Miami Dade School District Office of Compensation
Administration (MDSDOCA).
4. In support of his request for increased pay, the Respondent submitted a Teaching
Experience Verification Form indicating that he had completed 15 years of experience teaching in
New York. The Respondent fraudulently falsified the number of years of teaching experience and
forged the signature of a New York City Department of Education administrator on the Teaching
Al: 05
Administrative Complaint
Page 2 of 3
Experience Verification Form. The increased number of years claimed by the Respondent would
have qualified him for an additional $5,000 in pay.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT 2: The Respondent is in violation of Section 1012.795(1)G), 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(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresentéd facts concerning an educational matter in direct or indirect public expression.
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 isin violation of Rule 6B.1006(5)(g), Florida Administrative
Code, in that Respondent has misrepresented his professional qualifications.
COUNT6: The Respondentis in violation of Rule 6B.1006(S)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on a document in connection with
professional activities. :
(SIGNATURE ON FOLLOWING PAGE)
_ BRIAN ANTHONY BUTCHER |
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
Commission 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; determining the Respondent to be ineligible for certification; 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 yi day of Februcry ,2009 .
Commissioner of Education
State of Florida
BRIAN ANTHONY BUTCHER... ...... ...
Docket for Case No: 09-002325PL
Issue Date |
Proceedings |
Jul. 30, 2009 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jul. 30, 2009 |
Joint Motion to Relinquish Jurisdiction to EPC to Conduct an Informal Hearing filed.
|
May 18, 2009 |
Order Directing Filing of Exhibits
|
May 18, 2009 |
Order of Pre-hearing Instructions.
|
May 18, 2009 |
Notice of Hearing by Video Teleconference (hearing set for August 18, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 15, 2009 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
May 15, 2009 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
May 15, 2009 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
May 11, 2009 |
Unilateral Response to Initial Order filed.
|
May 07, 2009 |
(Respondent`s) Letter response to the Initial Order filed.
|
May 01, 2009 |
Initial Order.
|
May 01, 2009 |
Administrative Complaint filed.
|
May 01, 2009 |
Election of Rights filed.
|
May 01, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
May 01, 2009 |
Agency referral
|