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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs CONRAAD HOEVER, 10-005953PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-005953PL Visitors: 14
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 EDUCATION PRACTICES COMMISSION 2019 JHE oo “1 P pap , «alts A DR. ERIC J. SMITH, as /O- 5g S5SPL A bsiis ph Oh \ Commissioner of Education, HEAR] NGS £ 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.
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.
Source:  Florida - Division of Administrative Hearings

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