Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: CONRAAD HOEVER
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Blountstown, Florida
Filed: Jul. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 23, 2010.
Latest Update: Oct. 31, 2024
STATE OF FLORIDA
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Petitioner,
ys. CASE NO. 067-3441
CONRAAD LISTON HOEVER,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against CONRAAD LISTON HOEVER. 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 816318, covering the area of
Mathematics, which is valid through June 30, 2010 .
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Blanche Ely High School in the Broward County School District.
MATERIAL ALLEGATIONS
3. On or about March 2, 2007, the Respondent was alone in his classroom with K.W.,
a fifteen year-old female student. The Respondent forcibly held the student against a wall, lifted the
student’s skirt and underwear, and touched her genital area with his penis and hand.
4, As a result of his conduct towards student K.W., the Respondent was arrested and
charged with one count each of Sexual Battery (Familial or Custodial Authority), Lewd or
Lascivious Molestation, and False Imprisonment. On or about February 18, 2010, following a jury
trial, the Respondent was found guilty of one count of Lewd or Lascivious Molestation. The
CONRAAD LISTON HOEVER
Administrative Complaint
Page 2 of 3
Respondent was sentenced to fifteen (15) years incarceration and was designated as a sexual
offender.
5. Pursuant to Section 1012.315(1)(u), Florida Statutes, the Respondentis ineligible for
teacher certification because he has been convicted of offenses prohibited under Chapter 800,
Florida
Statutes.
6. Pursuant to Section 1012.795(2), Florida Statutes, the decision of guilty by a court
is prima facie proof of grounds for revocation of the teaching certificate.
The Petitioner charges:
STA’ VIOLATION
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)(f), Florida Statutes,
in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless
of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor
traffic violation.
COUNT 3: The Respondent is in violation of Section 1012.795(1}(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
COUNT 4: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
COUNT 5: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in
that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes.
EVI TIONS
COUNT 6: _ 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 effort
to protect the student from conditions harmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
CONRAAD LISTON HOEVER
Administrative Complaint
Page 3 of 3
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement.
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 educaior’s certificate for a period of time up to 10 years or
Commissioner of Education
State of Florida
Docket for Case No: 10-005953PL
Issue Date |
Proceedings |
Apr. 20, 2011 |
Certificate regarding Inmate Account filed.
|
Apr. 19, 2011 |
Certificate of Indigency.
|
Apr. 18, 2011 |
Motion for Leave to Proceed in Form Pauperis/ Affidavit of Indigency by Defendant filed.
|
Apr. 18, 2011 |
Motion to Be Declared Indigent filed.
|
Sep. 23, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Sep. 14, 2010 |
Petitioner's Motion to Relinquish Jurisdiction/Motion for Sanctions filed.
|
Sep. 08, 2010 |
Petitioner's Request for Judicial Recognition filed.
|
Sep. 03, 2010 |
Motion to Stay and/or Hold in Abeyance the Proceedings filed.
|
Aug. 26, 2010 |
Respondent's Response to Petitioner's Response to Respondent's Stay of Procceedings filed.
|
Aug. 23, 2010 |
Order Denying Motion to Stay Proceedings.
|
Aug. 19, 2010 |
Amended Motion to Stay Proceedings filed.
|
Aug. 16, 2010 |
Petitioner's Response to Respondent's Stay of Proceedings filed.
|
Aug. 12, 2010 |
Notice of Service of Petitioner's Request for Discovery to Petitioner filed.
|
Aug. 06, 2010 |
Letter to Judge Nelson from Conraad Hoever requesting stay of proceeding filed.
|
Aug. 06, 2010 |
Order of Pre-hearing Instructions.
|
Aug. 06, 2010 |
Notice of Telephonic Final Hearing (hearing set for October 5, 2010; 9:00 a.m., Central Time).
|
Jul. 29, 2010 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Jul. 29, 2010 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Jul. 29, 2010 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Jul. 28, 2010 |
Unilateral Response to Initial Order filed.
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Jul. 21, 2010 |
Initial Order.
|
Jul. 21, 2010 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 21, 2010 |
Election of Rights filed.
|
Jul. 21, 2010 |
Administrative Complaint filed.
|
Jul. 21, 2010 |
Agency referral filed.
|