The Issue The issue to be determined is whether Respondent, Joan Bannister, has violated the provisions of section 1012.795(1)(j), Florida Statutes (2011), and Florida Administrative Code Rule 6A- 10.081(3)(a) and (e), and if so, what penalty should be imposed?
Findings Of Fact Joan Bannister is a licensed educator in the State of Florida, holding certificate number 893735. Her certificate covers biology and math, and is valid through June 2015. During the time period relevant to the Administrative Complaint, Respondent taught math at Eustis Middle School. On or about January 30, 2012, Respondent had a student in her first-period math class named B.T. B.T. came to school that morning in a tank top and a shirt. From the testimony provided, it is inferred that the shirt was worn unbuttoned, like a sweater or jacket, over the tank top, but with the tank top showing. As B.T. entered Ms. Bannister’s classroom that morning, Ms. Bannister noticed that B.T.’s stomach was showing below the tank top. Ms. Bannister asked B.T. to adjust her shirt so that her stomach would not show. B.T. pulled her tank top down as requested. The adjustment that B.T. made to her tank top resulted in a new problem: too much cleavage visible to comply with the school dress code. As B.T. and Ms. Bannister walked into the room, Ms. Bannister asked B.T. to adjust her shirt again, so that she did not show so much cleavage. B.T. did not appreciate the second request to adjust her shirt, but Respondent’s claim that B.T. engaged the class by asking them whether her shirt was too low is rejected. B.T. was, however, apparently visibly annoyed and did not think that her tank top was too low. Considering the evidence in the light most favorable to Respondent, Ms. Bannister picked up a ruler off a desk near her own and said, “well, we could always measure it.” There was conflicting testimony regarding what term Respondent used to describe B.T.’s exposed chest. Whether Respondent used the term “chest,” “cleavage,” or “boobage,” is irrelevant. What matters is that Respondent made a statement in front of the class suggesting that it would be appropriate to measure the amount of B.T.’s cleavage that was visible in order to make her point about the dress code violation. The statement was loud enough that other students in the classroom could hear it. Respondent did not actually approach B.T. with the ruler or attempt to measure her in any way. However, B.T. was very upset and embarrassed by the comment, picked up her books, and left the classroom. She did not seek permission before doing so. B.T. admitted at hearing that she never liked Ms. Bannister. However, her version of the incident is credible and corroborated in several key points by other students who were present that day. By contrast, Ms. Bannister’s testimony was internally contradictory and conflicts with the testimony of the students in many respects. B.T.’s testimony that she left the classroom immediately without getting a pass or asking permission to do so is credited. B.T. went to see Erin Porter, her guidance counselor. Initially, Ms. Porter was not in her office, so B.T. consulted with the school resource officer, Deputy King, and told him about the incident. While B.T. was in his office, Ms. Porter returned to her office and B.T. told her about the interaction with Ms. Bannister. Ms. Porter felt that the situation was more a teacher issue than a guidance issue, and reported it to administration. The school district conducted an investigation of the incident, and interviewed several students, Ms. Porter, and Ms. Bannister. Ms. Bannister was notified of the investigation by letter dated February 2, 2012. Ms. Bannister was removed from the classroom during the investigation and directed to work at the District Copy Center until a decision was reached. On February 6, 2012, Respondent was notified by the Superintendent of Schools, Susan Moxley, that Superintendent Moxley was recommending that she be suspended for five days without pay, and that she participate in a professional development practicum designed to assist teachers with classroom issues. The date of the suspension was to be determined once Respondent’s due process rights were satisfied. On February 8, 2012, Respondent was notified that the investigation was concluded and that she would return to her classroom effective February 9, 2012. B.T. was reassigned to another math class. The incident was publicized in the local community, through the internet, newspaper, and local television. Both Ms. Bannister and B.T. were embarrassed by the news coverage. B.T. was also embarrassed by the amount of attention the incident received at school, because other students talked about the incident and made fun of her. Respondent resigned from her position with the Lake County School District, effective March 30, 2012, in order to take a job in another school district. Respondent submitted her resignation with an effective date of April 6, 2012, but for reasons that are unclear, the effective date was changed to March 30, 2012.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a Final Order finding that Respondent has violated section 1012.795(1)(j) and Florida Administrative Code Rule 6A- 10.081(3)(a) and (e). It is further recommended that Respondent be issued a reprimand; be required to complete a three-hour college-level course on classroom management; and be placed on probation for a period of one year, subject to such terms and conditions as the Commission may require. DONE AND ENTERED this 21st day of May, 2014, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of May, 2014. COPIES FURNISHED: Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Suite 224 Tallahassee, Florida 32399-0400 Joan Bannister 9256 New Orleans Drive Orlando, Florida 32818-9076 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Matthew Carson, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The substantive issue in this proceeding is whether the Respondents Florida teaching certificate should be suspended or revoked based upon the allegations of Petitioner's complaint dated June 4, 1987. Respondent has raised various procedural issues in his written documents and in a telephone motion hearing held on November 10, 1987. Those issues include whether he has already surrendered his teaching certificate, whether the investigation was proper and whether the formal hearing was properly scheduled.
Findings Of Fact Based upon a consideration of all evidence properly made part of the record in this proceeding, the following findings are made: David Cunningham is now, and was at all times relevant, certified as an elementary school teacher under State of Florida Certificate No. 468382. The certified copy received in evidence as Petitioner's Exhibit 1 reveals a date of issue of April 14, 1986 and an expiration date of June 30, 1990. No competent evidence was presented to support Respondent's allegation that the certificate was invalid or otherwise lawfully relinquished or revoked. David Cunningham was employed as an elementary teacher at Caley Elementary School in Orlando, Florida during school year 1983-84, until March 1984, when he was placed on leave without pay for the remainder of the school year. Dynell Harrell was a fifth grade student in Cunningham's reading class during the first semester of 1983-84 at Caley. Dynell was twelve years old at the time. During the second semester of 1983-84, Dynell transferred to another school, but began having contacts with Cunningham outside of the school setting. The two went to amusement parks and to restaurants. On only one occasion they were accompanied by Dynell's siblings. Dynell began spending weekends at Cunningham's house. Cunningham gave him presents of clothes, shoes, and money - - $20 or $30 at a time, for an eventual total of at least $500. On the occasion of the second weekend visit, Cunningham got in bed with Dynell. Later, during the night, he began touching and rubbing the youth and took his clothes off. In response to Dynell's question of what was going on, Cunningham responded with a reminder of their friendship and all the things he had done to benefit him. They engaged in oral sex at that time. After that, the sexual contact was routine on the weekend visits, once or twice a month. Cunningham engaged Dynell in oral and anal sex and gave him vodka and cigarettes. Dynell was afraid to tell anyone as he thought he would lose his friend. He also felt he owed Cunningham a favor. During this time, Dynell's mother noticed a withdrawal of her son from his close relationship with her. She was somewhat suspicious of Cunningham's interest but Dynell denied that Cunningham had ever asked him to do anything that he didn't want to do. She believed him because she felt he would be candid with her. At the beginning of the seventh grade, Dynell went to Illinois to live with his grandmother in Illinois. Cunningham called him on the phone, but his grandmother was suspicious and didn't let Dynell talk. On one occasion, Cunningham stopped at the grandmother's house on his way to North Dakota. The grandmother let Cunningham take Dynell out to eat, but only in the company of Dynell's cousin. Dynell also wanted his cousin to come along as he figured nothing could happen if they were not alone. Cunningham told Dynell he wanted to continue seeing him, but Dynell did not want that and responded that he would be in Chicago and would not be able to see Cunningham. Dynell has had no further contact with Cunningham, even after the youth's return to Florida in eighth grade. Dynell has received mental health counseling to help him deal with the relationship with Cunningham. Dynell has been reluctant to associate along with male students and adult males, and refused to participate in his church's Big Brother program unless one of his friends is able to accompany him. John Hawco, administrator of Employee Relations for the Orange County School Board, would not recommend that Cunningham ever be employed in any position in which he would be exposed to children. His effectiveness as a teacher has been seriously impaired by his conduct toward his former student. He exploited his professional relationship with that student in return for personal gain and advantage. By certified letters and through contacts with Cunningham's prior attorney Jerry Whitmore, consultant for the State Department of Education, provided notices to Cunningham regarding the complaint and investigation. Cunningham sent his original teaching certificate to the investigator, stating that he should not be investigated as his certificate was no longer valid. The investigation continued, again with notice to Cunningham. He declined to participate in an informal conference and refused to indicate on the Election of Rights form provided to him which option he chose in response to the complaint: voluntary surrender for permanent revocation, admission of allegations and request for informal hearing, or dispute of allegations and request for a formal hearing by the Division of Administrative Hearings. Instead, he appended a separate statement to the form disputing the allegations and arguing that he was not a valid certificate holder as his certificate was based on a correspondence course.
Recommendation Based on the foregoing, it is RECOMMENDED that David Martin Cunningham's Florida teaching certificate be permanently revoked. DONE AND ORDERED this 26th day of January, 1988, in Tallahassee, Leon County, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of January, 1988. COPIES FURNISHED: J. David Holder, Esquire RIGS BY & HOLDER 325 John Knox Road Building C, Suite 135 Tallahassee, Florida 32303 Mr. David Cunningham 8775 20th Street, #921 Vero Beach, Florida 32960 Karen Barr Wilde Executive Director Education Practices Commission Knott Building Tallahassee, Florida 32399 Martin B. Schapp Administrator Professional Practices Services 319 West Madison Street Room 3 Tallahassee, Florida 32399
The Issue Whether Respondent (a) pushed a ten-year-old student against a wall and struck his arm with a closed fist; and/or (b) falsely answered a question on the application for renewal of her educator certificate, as Petitioner alleges; if so, whether (and what) disciplinary measures should be taken against Respondent's educator certificate.
Findings Of Fact Petitioner is responsible for the investigation and prosecution of complaints against holders of Florida Educational Certificates who are accused of violating section 1012.795, Florida Statutes, and related rules. Respondent holds Professional Educators Certificate 730057 (certificate). Valid through June 30, 2018, the certificate covers the areas of Mathematics, Business Education, Teacher Coordinator of Cooperative Education, Teacher Coordinator of Work Experience Programs, and Exceptional Student Education (ESE). At all times material to this proceeding, Respondent was employed as an ESE teacher at WHGES in the Miami-Dade County School District (District). Respondent has been employed by the District in a variety of capacities for a total of 25 years and in a teaching capacity for the last 17 years. The charges against Respondent arise from an altercation Respondent had with a then 11-year-old fourth grade ESE student, E.A., on September 27, 2011. On that date, E.A. returned to Respondent's classroom after an in-school appointment with his therapist. Rather than entering the classroom, E.A. stood outside the closed door and knocked on the door intermittently for approximately five to ten minutes. Several students in the classroom went to the door to tell E.A. that the door was unlocked and to come in. When E.A. continued to knock on the door and disrupt the classroom, Respondent went to the door. Respondent was able to open the door part of the way and get her hand and part of her body in between the door and the door frame when E.A. pushed the door closed on Respondent and held it shut with his foot. Respondent shouted at E.A. to open the door and said repeatedly, "it's the teacher, open the door!" When E.A. removed his foot from the door, the door swung out towards the wall, trapping E.A. in a corner between the open door and the wall. Respondent yelled at E.A. to get into the classroom and struck him on the upper arm at least two times. Respondent also picked up E.A.'s backpack and threw it in the classroom. According to Respondent, she made physical contact with E.A. when he raised his arm and she believed he was about to hit her. Respondent claims she used a "defensive move" to prevent E.A. from striking her. Respondent's testimony is inconsistent with that of E.A. and several students who witnessed the event, and deemed not credible by the undersigned. According to E.A., Respondent definitely meant to hit him although he was not hurt physically by the contact. E.A. entered the classroom crying because he was very embarrassed that this occurred in front of his fellow classmates. This altercation was witnessed by another teacher who reported it immediately to administration. Assistant Principal Mary Pineiro (Pineiro) was sent to the classroom to determine what happened. Pineiro observed E.A. crying and holding his arm. Pineiro heard another student say, "I cannot believe you did that to my friend," to Respondent. Respondent refused to answer Pineiro's questions regarding the incident. The teacher and other students who witnessed the event were sent to the office and asked to provide written statements of what they observed. The statements were provided independently and students were separated when they wrote their statements. They were not told what to write and their statements were not edited. The statements corroborated E.A.'s version of events that he was playing around outside the door when Respondent came out and struck him on the arm several times. On February 15, 2012, Respondent was suspended without pay from her teaching position for 25 days which was later upheld after a formal hearing (DOAH Case No. 12-0808TTS). By certified letter dated March 14, 2012, Petitioner informed Respondent that PPS opened a case to investigate her use of inappropriate discipline.2/ On August 9, 2012, another certified letter was sent from Petitioner to Respondent advising that Petitioner had "concluded its preliminary investigation" and wanted to provide Respondent an opportunity to review the materials and respond to the allegations. The letter states that Respondent is not required to respond and that an informal conference was scheduled for August 29, 2012. Respondent wrote back to Katrina Hinson (Hinson) with PPS on August 31, 2012, thanking PPS for "putting me on this pedestal of honor" and giving her the opportunity to refute the allegations of misconduct. Respondent asserts in this letter that she is the victim of a "mafia-type, posse ring" and the victim of a conspiracy including Pineiro and others at WHGES. Rather than respond to the allegations of misconduct, Respondent's three-page letter appears to be a plea for help from Respondent to protect her teaching position from the "obsessive hate" of the alleged conspirators. Petitioner sent a memo to Respondent on August 30, 2012, enclosing a copy of the materials assembled during the preliminary investigation conducted by PPS. The purpose of this memo appears to be to notify Respondent to keep the materials confidential during the proceedings. This memo and the materials were received by Respondent on September 8, 2012. On September 17, 2012, Respondent wrote another letter to Hinson at PPS in which she states, "to be in compliance with your office's investigation, I am writing for professional guidance in regard to curtailing the constant bare-faced humiliation and bait-and-switch torture by Dade County Public School's [sic] employees, as my soul is longing for peace to have solace to grieve my loss in every respect of life fulfillment." Respondent asks whether PPS is part of the DOAH process, complains about the union attorney and the school board attorney and asserts that the "mafia-type posse wants me to be on an accelerated program for homelessness and malnutrition." This letter, and its reference to an "investigation," is not a response to allegations of misconduct but rather appears to be Respondent's attempt to seek help from PPS with regard to the DOAH proceeding. The final hearing in the DOAH proceeding regarding Respondent's suspension without pay occurred before Administrative Law Judge Stuart M. Lerner on September 24, 2012. On October 1, 2012, Respondent wrote another letter to Hinson which states in the opening paragraph: To be in compliance with your office's investigation, I am writing for professional guidance in regard to my mental faculty due to my mild malnourished and homeless states, as I am constantly being deprived of rightful income due to a group of vicious, hateful, and jealous so-called professional educators and so-called professional administrators of Dade County public schools. This letter states, "I am being sanctioned (mentally slaved [sic]) that if I return to employment of Dade County Public Schools. I cannot communicate further with your office, neither through writing or telephone." In this letter, Respondent asserts that E.A. and the student witnesses were "coached to give false witness against me." Regarding the incident with E.A., Respondent states, "the student kidnapped me between the door and the door jamb, and battered me with the door to my head and upper torso, that left me with a mild head trauma." A similar letter was written by Respondent to Hinson on October 5, 2012. Respondent does not mention any "investigation" but again asks for help from Hinson stating: May you please go another extra mile to help me? I beg of you. My grasp to hope is weakening as my resilience to these evil ones has been for many, many years. They have cornered me by attacking my every phase of bottom line. Please, do not allow evil to have dominion over good. A final letter by Respondent to Hinson was written on October 19, 2012, in which Respondent complains that she is being unfairly harassed by the principal at her new assigned school, Aventura Waterway K-8 Center. Notably, Hinson did not reply to any of the correspondence from Respondent. According to Hinson, PPS has no authority to address concerns or complaints about harassment or discrimination. This information was not communicated by PPS to Respondent. What is clear from these letters is that Respondent had no understanding that she was under investigation by DOE. Rather, Respondent erroneously believed that PPS would intervene on her behalf with regard to her then-pending matter before DOAH or with her assigned schools. The final order upholding Respondent's suspension without pay was issued by the District on February 13, 2013. Respondent alleges that, at that time, she was advised by her union representative that the matter was concluded and that she did not have to worry about this incident any further. On March 18, 2013, Respondent filed her annual application for renewal of her educator's professional certificate with the District. In response to the question, "Do you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for professional license or certificate?" Respondent answered "No." Respondent certified by her application signature that all information provided in the application was "true, accurate and complete." When the District received and reviewed the application, a computerized alert was received from Petitioner indicating that an investigation was pending with PPS. Jose Garcia, Certification Officer for the District, notified Respondent by memorandum dated April 17, 2013, that Respondent needed to return a corrected application. Respondent did not believe she was under investigation and thought that by indicating "yes" on the form, she would be incriminating herself. Respondent wrote Governor Scott an email on May 17, 2013, alleging that PPS and the District Certification Office were wrongfully preventing the renewal of her application in an attempt to prevent her from working with children with disabilities. As a result of this email, the alert was removed from Respondent's certificate and it was reissued by the District. Respondent never acknowledged the DOE investigation in her application for renewal. Petitioner considers Respondent's refusal to acknowledge the pending PPS investigation as an attempt to renew her certificate by fraudulent means. The Administrative Complaint charges Respondent as follows: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: 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 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 her 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. RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. Respondent filed a Motion for a Formal Hearing on December 26, 2013, with the EPC in which she disputed all of the allegations of the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order reprimanding Respondent for the incident with E.A., with a copy to be placed in Respondent's certification file, and placing Respondent on probation for a period of 90 school days. DONE AND ENTERED this 22nd day of January, 2015, in Tallahassee, Leon County, Florida. S MARY LI CREASY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 2015.
The Issue The issue presented here concerns the question of the entitlement of Petitioner to be granted certification as a law enforcement officer under the provisions of Section 943.13, Florida Statutes, and Chapter 11B-16, Florida Administrative Code. In particular, the matter to' be determined deals with the propriety of the denial of certification based upon the belief on the part of the Respondent that Petitioner does not have the requisite good moral character necessary for certification. See Subsection 943.13(7), Florida Statutes.
Findings Of Fact The Sheriff's Office of Jacksonville, Duval County, Florida, had submitted an Affidavit of Certification for Petitioner Harold B. Walbey, Jr. In response to that affidavit, the Criminal Justice Standards and Training Commission issued a Statement of Denial, a copy of which may be found as Respondent's Exhibit No. 1, admitted into evidence. The basis of denial was related to the belief that Petitioner did not evidence the requisite good moral character required for certification. See Subsection 943.13(7), Florida Statutes. In particular, the denial related to a series of events leading to the revocation of Petitioner's Florida Teaching Certificate by order of the State Board of Education entered on October 12, 1979. Respondent's Exhibit No. 2 is a copy of that order of revocation together with the Recommended Order of the Hearing Officer, Division of Administrative Hearings. The revocation of the teacher's license was premised upon a conclusion of law that Petitioner had committed acts of gross immorality and moral turpitude in his relationship with junior high school female students in the school in which he taught. Those acts had sexual connotations. It was also determined in law that Respondent had lost his effectiveness as a teacher in view of the underlying circumstances. Petitioner took issue with the denial of his law enforcement certificate and requested a formal Subsection 120.57(1), Florida Statutes, hearing. The matter was then referred to the Division of Administrative Hearings and a hearing was held on October 8, 1982, in Jacksonville, Florida. On November 2, 1981, Petitioner was employed as a temporary or probationary employee of the Sheriff's Office, in Jacksonville, Duval County, Florida, in the position of Correctional Officer at the County Prison Farm and remains in that employment at this time. Duties of the Petitioner would include floor assignment, medication, food, preparation for commitment, booking, releasing and other functions. Among those other functions Petitioner transports female inmates, by motor vehicle, with no other law enforcement official or other person in attendance. These trips in which Petitioner has custody and control over female inmates are infrequent. Officials within the Duval County Sheriff's Office who presented Petitioner's Affidavit of Certification maintain a neutral posture on the question of his certification and have vouched for Petitioner to the extent necessary to elicit a final decision from Respondent on the question of certification. The chief personnel officer for the Duval County Sheriff's Office feels that the Petitioner would make a good employee if he has become sufficiently rehabilitated following the incidents which led to the revocation of his Florida Teaching Certificate. Petitioner is well accepted by his superiors in his capacity as Correctional Officer and has received acceptable performance evaluations. Petitioner has been married three (3) times and is the father of twelve (12) children, none of which reside with him. He is responsible for furnishing support to his children. Petitioner holds a BS degree from Edward Waters College and a Masters degree from Florida A & M University. He has served in the military, both in the Air Force and the Army National Guard. Walbey is now forty-five (45) years of age. Testimony from community leaders and neighbors and acquaintances of Petitioner show him to be a person deemed to be reputable and hard working and a fine neighbor. No testimony was offered related to efforts which Petitioner had made in trying to effect his rehabilitation through professional assistance on the topic of those matters which caused him to lose his teaching certificate or opportunities in which Petitioner had conducted himself with proper decorum when in the presence of young women following that disciplinary action. Petitioner did not concede the facts of those incidents leading to the revocation as a part of his presentation.
The Issue Whether Respondent, Department of Education, should have invalidated Petitioner's, Lori Monroe, Florida Teacher Certification Examination, for her alleged violation of a test- taking protocol.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner is seeking to be certified as a teacher. She submitted appropriate application and sat for the March 4, 2006, Florida Teacher Certification Examination. Respondent is the state agency responsible for certifying teachers in the State of Florida and conducts the Florida Teacher Certification Examinations. The Florida Teacher Certification Examinations are given four times per year in various locations around the state. Because of the frequency and volume of Florida Teacher Certification Examinations, the application process and information regarding testing procedures are refined. The preliminary information provided examinees includes a statement of understanding, written in the first person, which makes specific reference to the fact that the examinee "must follow the instructions of the test administration personnel," and, "If I do anything prohibited by this paragraph, my examination results will be voided." In addition, examinees are provided an information sheet identifying "cheating behaviors." Included in the list of "cheating behaviors" is the following: "During the examination administration, continuing to work on the examination after the testing time had elapsed, and the directive to stop working has been given by a room proctor or supervisor." Included in the referenced refinements in testing procedures are instructions contained in a Test Administration Manual provided to test room supervisors and proctors that ensure the appropriate administration of the tests. The Test Administration Manual specifically delineates the procedure to be followed upon observation by a room supervisor or proctor when "an examinee continues to work on the test when time is called." In the instant case, the room supervisor and proctor, both of whom were experienced test administrators, followed the appropriate procedures. Both the room supervisor and proctor were within several feet of Petitioner who was sitting in the front-row seat of the classroom. Not only was Petitioner within easy view, but, certainly close enough to clearly hear the general instructions to stop. They observed Petitioner continue to enter answers on her answer sheet after examinees had been told to stop two times. It is unfortunate that the particular conduct of the Petitioner is characterized as "cheating," as the evidence, including the observations of the room supervisor and proctor, portrays Petitioner as being so focused on the examination that she did not hear the instruction to stop and, unfortunately, continued to answer questions after the test had concluded. Respondent advised Petitioner by letter dated March 20, 2006, that she had been assigned a score of "invalid" and that she had not fulfilled the requirement for a passing score on the Elementary Education K-6 examination.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Education enter a final order concluding that an irregularity had occurred and that "invalid" was the appropriate test score for the subject test. DONE AND ENTERED this 19th day of July, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 2006. COPIES FURNISHED: Matthew J. Carson, Esquire Department of Education Division of Vocational Rehabilitation 325 West Gaines Street, Suite 1244 Tallahassee, Florida 32399-0440 Charlie S. Martin, Esquire McLeod, McLeod & McLeod, P.A. 48 East Main Street Post Office Drawer 950 Apopka, Florida 32704-0950 Lynn Abbott, Agency Clerk Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Honorable John Winn Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact The Respondent, Donald D. Johnson, holds Florida teaching certificate No. 468965, which is valid through June 30, 1984. On November 15, 1979, the Respondent filed his application for Florida teacher's certificate, upon which he swore that he had not been convicted of a crime. That application was received by the Petitioner on December 10, 1979, and after processing, his teaching certificate was issued to him on December 20, 1979. The Respondent pled guilty to a charge of petit larceny, and adjudication of guilt was withheld on or about March 13, 1977. The Respondent also pled guilty to a charge of driving with an unlawful blood alcohol level and was adjudicated guilty thereof on or about September 5, 1979. The Petitioner established that the Respondent failed to disclose these altercations with the criminal justice system on his application for his Florida teacher's certificate. In fact, he affirmatively swore that he had not been convicted of a crime. The Petitioner, in at least seventeen (17) recent cases, has followed a policy of imposing at least a one-year suspension and sometimes a one-year revocation in cases such as this. The Petitioner also established that its historical policy has been to grant licensure when an applicant has disclosed such criminal violations on his application, but it has consistently revoked, and has been upheld in revoking, certificates for affirmative misrepresentations by applicants on their applications for certificates to the effect that they have had no criminal convictions when such is not the case. There is no question that the Respondent falsified his application and falsely maintained that he had no criminal convictions. There is also no question that his certificate to teach in the State of Florida was initially issued to him by the Petitioner in reliance upon that misrepresentation, which reliance has been proven to be misplaced.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence in the record and the the pleadings and arguments of counsel for the Petitioner, it is, therefore, RECOMMENDED: That the Education Practices Commission enter a final order revoking the Respondent's teaching certificate for a period of one (1) year. DONE and ENTERED this 21st day of June, 1982 at Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 23rd day of June, 1982. COPIES FURNISHED: J. David Holder, BERG & HOLDER P.O. Box 1694 Tallahassee, Florida 32302 Donald D. Johnson 5856 Wiltshire Drive Jacksonville, Florida 32216 Donald L. Griesheimer, Executive Director Education Practices Commissioner Department of Education The Knott Building Tallahassee, Florida 32301 The Honorable Ralph D. Turlington Commissioner Department of Education The Capitol Tallahassee, Florida 32301
The Issue Should the State of Florida, Education Practices Commission impose discipline against the Respondent for sexual misconduct with a student.
Findings Of Fact The Respondent held Florida Teaching Certificate No. 686332, covering the area of emotionally handicapped education, which was valid through June 30, 2002. At all times pertinent hereto, the Respondent was employed as a teacher at Bayonet Point Middle School in Pacso County School District. A.Y. was an emotionally handicapped student who had been a student of the Respondent in the 1999-2000 school year. Between June and December 2000, when A.Y. was 13 years old, the Respondent engaged in an inappropriate relationship with A.Y. This relationship included kissing, fondling, and on more than one occasion the Respondent's digital penetration of A.Y.'s vagina. On or about December 15, 2000, the Respondent was observed meeting A.Y. at a library when she got into his car and drove away. He later claimed he was counseling her. The Respondent was charged with two counts of committing lewd and lascivious acts with a minor as a result of his behavior with A.Y. On November 26, 2001, the Respondent entered a plea of guilty to both counts. The Respondent was adjudicated guilty on both counts, and sentenced to eight years in prison, followed by seven years of probation, concurrently on each charge. James Davis, the Director of Human Resources for the School Board of Pasco County where the Respondent taught, testified. Mr. Davis was a certified teacher with many years of experience and testified about professional standards and the impact of the Respondent's acts upon the school system. For a teacher to enter into a sexual relationship with a student, especially a young, emotionally handicapped student, is very harmful to the student emotionally and academically. A.Y. became defensive, and then felt guilty that she had caused the Respondent to get into trouble. Furthermore, such conduct destroys the faith the parents and other community members have in the educational system. There were articles in the newspaper about the situation which were adverse to the educational environment. The parents of A.Y. were very angry about the acts committed by the Respondent. The Respondent, when questioned by administrative staff for the Pasco School District, admitted he made an error in meeting A.Y., but denied any other inappropriate conduct.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered permanently denying the Respondent a teaching certificate. DONE AND ENTERED this 27th day of February, 2003, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2003. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 James C. Howard Gulf Correctional Institution 500 Ike Steele Road Wewahitchka, Florida 34655 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400
