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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs MARK AARON TURNBULL, 20-004121PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004121PL Visitors: 9
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: MARK AARON TURNBULL
Judges: DARREN A. SCHWARTZ
Agency: Department of Education
Locations: Lake Worth, Florida
Filed: Sep. 16, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 30, 2020.

Latest Update: Sep. 20, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 189-0570 MARK AARON TURNBULL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against MARK AARON TURNBULL. 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 6A-10.081, 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 640153, covering the area of Music, which is valid through December 31 , 2020. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Addison Mizner Elementary School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. On or about October 23, 2015, Respondent was arrested and charged with Driving Under the Influence Causing or Contributing to a Crash, Leaving the Scene of a Crash Involving Damage, and Possession of an Open Container in a Motor Vehicle. 4. During December of 2015, Respondent engaged in inappropriate conduct when he possessed alcoholic beverages on his school’s campus. Probable Cause Letter and Administrative Complaint.-2 MARK AARON TURNBULL Administrative Complaint Page 2 of 3 5. On or about June 10, 2016, Respondent pled guilty to both Driving Under the Influence Causing or Contributing to a Crash and Leaving Scene of a Crash Involving Damage, Respondent was adjudicated guilty of both charges. The Possession of an Open Container in a Motor Vehicle charge was dismissed. 6. Respondent failed to self-report his convictions to the proper district authorities within forty-eight hours. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: The Respondent is in violation of section 1012.795(1)@), 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 6A- 10.081(2)(a)1, Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to leaming and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The Respondent is in violation of Rule 6A-10.081(2)(c)13, Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shail not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this tule, school districts shall comply with the confidentiality provisions of sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes, (SIGNATURE ON FOLLOWING PAGE) Probable Cause Letter and Administrative Complaint.-3 MARK AARON TURNBULL 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 |¢* dayof J iy , 2020. Mili RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-4

Docket for Case No: 20-004121PL
Issue Date Proceedings
Dec. 30, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 29, 2020 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Oct. 29, 2020 Order Granting Unopposed Motion to Accept Response to Request for Admissions.
Oct. 28, 2020 Unopposed Motion to Accept Response to Request for Admissions filed.
Oct. 28, 2020 Response to Request for Admissions filed.
Oct. 21, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for January 12, 2021; 9:00 a.m., Eastern Time).
Oct. 20, 2020 Joint Motion to Reset Final Hearing filed.
Sep. 30, 2020 Order of Pre-hearing Instructions.
Sep. 30, 2020 Notice of Hearing by Zoom Conference (hearing set for November 17, 2020; 9:00 a.m., Eastern Time; Lake Worth).
Sep. 23, 2020 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Sep. 18, 2020 Initial Order.
Sep. 16, 2020 Notice of Appearance (Mark Wilensky).
Sep. 16, 2020 Finding of Probable Cause filed.
Sep. 16, 2020 Administrative Complaint filed.
Sep. 16, 2020 Election of Rights filed.
Sep. 16, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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