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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs MATTHEW V. STARRETT, 20-004973PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004973PL Visitors: 32
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: MATTHEW V. STARRETT
Judges: YOLONDA Y. GREEN
Agency: Department of Education
Locations: Deland, Florida
Filed: Nov. 13, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 22, 2020.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 190-0246 MATTHEW V. STARRETT, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against MATTHEW V. STARRETT. 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 497938, covering the area of Physical Education, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at George Marks Elementary School in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about April 9, 2019, Respondent was under the influence of alcohol on duty while students were present. Respondent was reported by another teacher to the assistant principal to have slurred speech and to be irrational and confrontational. Upon the report of the assistant principal, the principal called the district and a district investigator was sent to the school. The investigator observed Respondent to be uncoordinated and nervous and to have an odor of alcohol about his person. Respondent was required to submit to a reasonable suspicion test for the presence of alcohol in his system. Probable Cause Letter and Administrative Complaint.-2 MATTHEW V. STARRETT Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 effectiveness as an employee of the school board. COUNT 2: 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. 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 learning and/or to the student’s mental health and/or physical health and/or safety. 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 |¢® day of July , 2020. Mii RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-3

Docket for Case No: 20-004973PL
Issue Date Proceedings
Feb. 02, 2021 Letter and Exhibit 15 filed by Respondent. (FILED IN ERROR)
Feb. 01, 2021 Letter and Exhibits filed by Respondent. (FILED IN ERROR)
Dec. 22, 2020 Respondent's Witness List filed. (FILED IN ERROR)
Dec. 22, 2020 Respondent's Exhibit List filed. (FILED IN ERROR)
Dec. 22, 2020 Order Closing File. CASE CLOSED.
Dec. 22, 2020 Petitioner's Unopposed Motion for Leave to Amend Administrative Complaint and Relinquish Jurisdiction to the Education Practices Commission filed.
Dec. 18, 2020 Notice of Appearance (David Glasser).
Nov. 23, 2020 Order of Pre-hearing Instructions.
Nov. 23, 2020 Notice of Hearing by Zoom Conference (hearing set for January 13, 2021; 9:30 a.m., Eastern Time).
Nov. 19, 2020 Certificate of Service of Discovery filed.
Nov. 19, 2020 Agreed Upon Response to Initial Order filed.
Nov. 13, 2020 Initial Order.
Nov. 13, 2020 Administrative Complaint filed.
Nov. 13, 2020 Finding of Probable Cause filed.
Nov. 13, 2020 Election of Rights filed.
Nov. 13, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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