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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs DALE W. REICHARD, 09-002801PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002801PL Visitors: 11
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: DALE W. REICHARD
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Sanford, Florida
Filed: May 20, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 9, 2009.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION meuacysvarns (4 IOI PL Commissioner of Education, Petitioner, vs. CASE NO. 078-3603 DALE W. REICHARD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DALE W. REICHARD. 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 542966, covering the atea of Social Science, which was valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Oviedo High School in the Seminole County School District. MATERIAL ALLEGATIONS 3. In or around 2007 the Respondent illegally possessed cocaine and cannabis, scheduled controlled substances. The Respondent was arrested and charged with Possession of Cocaine. The Respondent completed a pretrial intervention program related to this offense. 4, For approximately three or four years preceding the Respondent’s arrest for illegal possession of controlled substarices, the Respondent regularly used cocaine. DALE W. REICHARD Administrative Complaint Page 2 of 2 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. 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 ihe 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 A day of _CAo ber, 2008. Commissioner of Education State of Florida

Docket for Case No: 09-002801PL
Issue Date Proceedings
Oct. 09, 2009 Order Closing File. CASE CLOSED.
Oct. 09, 2009 Unopposed Motion to Close File filed.
Sep. 29, 2009 Notice of Transfer.
Aug. 24, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 30, 2009; 9:00 a.m.; Sanford, FL).
Aug. 21, 2009 Joint Motion for Continuance filed.
Aug. 18, 2009 Notice of Taking Deposition filed.
Aug. 17, 2009 Notice of Transfer.
Aug. 17, 2009 Order Denying Motion to Close File.
Aug. 17, 2009 CASE STATUS: Motion Hearing Held.
Aug. 05, 2009 Respondent's Response to Motion to Close Case and Relinquish Jurisdiction to the Education Practices Commission filed.
Jul. 28, 2009 Order Granting Extension of Time (response to Petitioner`s Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission to be filed by August 5, 2009).
Jul. 27, 2009 Respondent's Unopposed Motion for Extension of Time to Respond to Petitioner's Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
Jul. 23, 2009 Petitioner's Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
Jun. 29, 2009 Order Denying Motion to Shorten Time and Motion to Hold Case in Abeyance and Re-scheduling Hearing (hearing set for August 27, 2009; 9:00 a.m.; Sanford, FL).
Jun. 26, 2009 CASE STATUS: Motion Hearing Held.
Jun. 24, 2009 Petitioner's Response to Respondent's Motion to Cancel Hearing and Hold the Case in Abeyance Pending a Ruling from the 5th District Court of Appeals filed.
Jun. 23, 2009 Respondent's Motion to Cancel the Hearing and Hold the Case in Abeyance Pending a Ruling from the Fifth District Court of Appeals filed.
Jun. 23, 2009 Petitioner's Motion to Shorten Time for Discovery filed.
Jun. 23, 2009 Certificate of Service of Petitioner's First Requests for Admissions to Respondent filed.
Jun. 23, 2009 Petitioner's First Requests for Admissions to Respondent filed.
Jun. 09, 2009 Order of Pre-hearing Instructions.
Jun. 09, 2009 Notice of Hearing (hearing set for July 24, 2009; 9:00 a.m.; Sanford, FL).
Jun. 08, 2009 Notice of Transfer.
May 26, 2009 Response to Initial Order filed.
May 20, 2009 Initial Order.
May 20, 2009 Administrative Complaint filed.
May 20, 2009 Election of Rights filed.
May 20, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 20, 2009 Agency referral
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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