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.
|