The Issue Whether or not the Petitioner satisfied the requirements to be classified as a tenured teacher and was thereby entitled to the privileges and rights, afforded to persons employed by Respondent pursuant to the Duval County Teachers Tenure Act. Chapter 21-197, Laws of Florida, Acts of 1941, as amended by Chapter 70-671 and further amended by Chapter 72-576; and the education laws of the State of Florida and the rules and regulations promulgated pursuant thereto.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Petitioner, Mary C. Gristina (formerly Mary Helen Campbell), was employed as a full-time teacher from September, 1960 through June, 1964, by the Duval County School Board (Respondent). Petitioner was granted an approved professional leave of absence without pay beginning on August 21, 1964, through June 11, 1965, to pursue graduate studies toward her masters degree. (Joint Exhibit 2) Petitioner was granted an extension of professional leave without pay from August 23, 1965 through June 15, 1966, to continue studies toward completion of her masters degree requirements at Florida State University. The above facts are not herein disputed. What is in dispute however is Petitioner's assertion that during the period in which she was on an approved professional leave of absence from August 21, 1964 through June 15, 1966, she completed all of the requirements for establishing tenure, including teaching (for Respondent) for three (3) consecutive years and securing the requisite hours of continuing education during such time frame, thereby establishing her tenure rights. Respondent, on the other hand, contends that Petitioner failed to establish that she completed the requisite hours of continuing education to be qualified for tenure in the Duval County School System, either while employed or between consecutive years that she was employed. In further support of this contention that the Petitioner failed to qualify as a tenured teacher, Respondent points to the fact that Petitioner was reemployed as an instructional employee pursuant to an annual contract during the 1979-80 school year. (Joint Exhibit 8) Respondent failed to renew Petitioner's contract for the 1980-81 school year and further refused to employ Petitioner in any other capacity since the 1979-80 school year. Petitioner received notice of Respondent's non-renewal of her employment contract during the late spring of 1980 and at the conclusion of the 1979-80 school year, both orally from her principal and in writing from the personnel department of the Duval County School Board. (Joint Exhibit 9) In this regard, Petitioner was advised by letter dated July 31, 1980, in response to a follow-up of a telephone conversation with Gary Simmons, Respondent's Director of Personnel Systems, that the personnel office had no record of Petitioner having completed six (6) semester hours of college work during any three (3) consecutive years of employment with the School Board. In support of her position that she in fact satisfied the requirements for appointment as a tenured teacher pursuant to the requirements set forth in the Duval County Teacher Tenure Act, Respondent offered a transcript from Wagner College, Staten Island, New York, for three (3) semester hours' credit for Exploring Art in New York. That transcript shows an entrance date of July, 1964. Respondent rejected Petitioner's application for credit for the Wagner College course based on the fact that the entrance date of the art course was neither during any school year that she was employed nor between consecutive years that she was employed by the Respondent School System. (Joint Exhibit 5) During times material herein, Respondent had a procedure whereby instructional employees could request permission to substitute other educational work in lieu of the tenure law summer school course work requirements. 1/ Finally, Petitioner points out that she was handed a contract by a secretary while teaching during December, 1979, which she was not afforded an opportunity to review before executing. She was not therefore aware that she was in fact signing an annual contract for employment with the Respondent School Board. Petitioner contends that she completed her course work necessary to be qualified for a tenured teacher during the summer of 1964; however, she did not submit a transcript reflecting completion of such course work to Respondent because of her belief that she felt that she was employed as a tenured teacher and therefore, submission of the transcript was not required. In this connection, Personnel Systems Director Gary Simmons noted that if Petitioner had returned for employment and had taught during the 1964-65 school year, her services would have been continuous and she would have been employed as a tenured teacher under such a contract.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the Duval County School Board enter an order denying Petitioner's claim to be afforded the rights and privileges afforded teachers who have satisfied the Duval County Teachers Tenure Act and, in accordance therewith, that she be denied all additional relief requested such as reinstatement with back pay etc., pursuant to the Amended Petition for administrative hearing filed herein. RECOMMENDED this 9th day of September, 1982, in Tallahassee, Florida. JAMES E. BRADWELL, 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 9th day of September, 1982.
The Issue The issues in this case are presented upon the administrative complaint of Ralph D. Turlington, Commissioner of Education, filed against the named Respondent. Through this complaint, Respondent is accused of failure to disclose his involvement in a criminal offense in responding to Question V on his application for certification as a Florida teacher. The complaint also makes allegations related to the facts involved in the criminal offense. Based upon the purported non-disclosure and in view of the facts related to the criminal offense, Respondent is accused of violating Section 231.28, Florida Statutes, in that he obtained his teacher's certificate by fraudulent means; has been guilty of gross immorality or an act involving moral turpitude; and has evidenced personal conduct 1which reduces his effectiveness as an educator and employee of a school board. It is also alleged that Respondent's conduct is contrary to Subsection 231.09(2), Florida Statutes, in that he has failed to set a proper example for students.
Findings Of Fact On July 11, 1980, Respondent was arrested for grand theft and resisting arrest with violence. This arrest occurred in Jacksonville, Duval County, Florida. As a result of the arrest, a criminal information was filed against Respondent in Circuit Court, Fourth Judicial Circuit of Florida, in and for Duval County, Florida. The date of that information was August 8, 1980. The information accused Respondent of those violations for which he was arrested. On November 20, 1980, Respondent pled guilty to resisting arrest without violence, a misdemeanor, and lesser included offense to Count II of the criminal law information. In disposing of the plea, the Court withheld adjudication of guilt and placed Respondent on one-year probation. That probationary period expired on November 20, 1981. Subsequent to the arrest, filing of the information, and disposition of his plea, Respondent executed an application to be certified as a teacher in the State of Florida. A copy of this application may be found as petitioner's Exhibit No. 2 admitted into evidence. That application contains Question V. That question states: "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" Respondent's answer to this question was no. That answer was false in view of the fact of the November 20, 1980, plea to resisting arrest without violence, and the action of the Court withholding adjudication and placing Respondent on one-year probation., The non-disclosure was intentional. In the course of this proceeding, Respondent has offered no explanation for the false answer he gave in responding to Question V. The Florida Department of Education, Teacher Certification Section, received the application for teacher's certificate on March 18, 1981. After reviewing the application, and being unaware of the fraudulent answer to Question V, the State of Florida, Department of Education, issued Respondent teacher's certificate No. 467175. The certificate allows Respondent to serve as a substitute teacher. That certificate is effective from July 1, 1980, through June 30, 1985. A copy of this certificate may be found as Petitioner's Exhibit No. 1 admitted into evidence. In October, 1981, Respondent obtained a position with the Duval County, Florida School System as a substitute teacher. On this occasion, Respondent indicated that he had no prior criminal arrests. This claim was found to be false, in view of the prior arrest referred to before. When the Duval County School System ascertained the falsehood in the application for employment with their system, Respondent was dismissed on December 1, 1981. A copy of the letter of dismissal may be found as petitioner's Exhibit No. 3 admitted into evidence. Dalton Epting, Director of Certified personnel for Duval County Schools, established that Respondent would not be the type of individual who would be qualified to be a teacher in Duval County, in view of the fact that teachers are required to set examples for students on a daily basis, and individuals such as Respondent, who are dishonest, in the sense of falsifying records related to an arrest, are not acceptable teachers in the system. Mr. Epting, who is responsible for employing teaching personnel in the Duval County School System, indicated that he would not employ Respondent even if Mr. Jenkins continues to hold a valid certificate to teach in Florida. On January 5, 1982, the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida, entered an order sealing the arrest record related to the aforementioned arrest for grand larceny and resisting arrest with violence.
The Issue The ultimate issue to be resolved in this proceeding is whether the Petitioner's application for a Florida Teacher's Certificate should be granted or denied. The Respondent contends that Petitioner's Teacher's Certificate was permanently revoked in 1978, and that the Respondent has not presented evidence that would justify the reissuance of a Teacher's Certificate. Petitioner contends that permanent revocation was not originally justified, and that his past conduct does not justify his being permanently removed from the teaching profession.
Findings Of Fact Petitioner has submitted an application for a Florida Teacher's Certificate. His application was denied by the Department of Education, and he has appealed that denial to the Education Practices Commission. Petitioner is qualified by age and academic background for certification as a teacher. The Department of Education contends that his application for certification should be denied because he is not of good moral character and has committed acts which would authorize the revocation of his Teacher's Certificate. On or about September 21, 1971, Petitioner was adjudicated guilty by the County Court in Duval County, Florida, of contempt of court. He was fined fifty dollars. The contempt adjudication related to the Petitioner's failure to pay numerous parking fines. On or about July 2, 1973, the Petitioner was arrested and charged with carrying a concealed firearm, breach of the peace, and public intoxication. On September 5, 1973, Petitioner entered a plea to the offense of breach of the peace. The other charges were dismissed, and Petitioner was placed on unsupervised probation for a period of six months. On or about September 20, 1976, Petitioner was adjudicated guilty of the offense of driving while intoxicated and ordered to serve ten days in the Duval County Jail. On March 15, 1977, Petitioner was adjudicated guilty of the offense of driving with a revoked driver's license and fined the sum of one hundred dollars plus court costs. On December 6, 1977, Petitioner entered a plea of no contest to the offense of "consuming alcohol where sold on lot" and was placed on unsupervised probation for a period of one month. On August 24, 1973, Petitioner submitted an application for employment with the Duval County School System. The following question was set out on the application: "Have you ever been arrested for any offense other than minor traffic violations?" Petitioner responded that he had not been. This response was untrue. He had in fact been arrested and adjudicated guilty of contempt of court and, less than a month prior to submitting the application, had been arrested on other charges that were not minor traffic offenses. Petitioner's explanation for responding to this question in the negative was that he considered the contempt citation to be for minor traffic offenses and that he had not yet been adjudicated guilty with respect to the other arrest. The explanation is not worthy of being credited. Petitioner was employed with the Duval County School System based upon his application. On September 19, 1973, Petitioner submitted an application for a State of Florida Teacher's Certificate to the Department of Education. The following question was set out on the application: "Have you ever been arrested or involved in a criminal offense other than a minor traffic violation?" The Respondent answered "No." The answer was false. A teaching certificate was issued to the Petitioner based upon the application. While he was employed with the Duval County School System, the Petitioner falsified a request for leave. He submitted a leave request stating that his daughter was ill on September 20, 1976. In fact, Petitioner's daughter was not ill. He needed leave in order to appear in traffic court for sentencing for the criminal offense of driving while intoxicated. By Order entered July 19, 1978, the State Board of Education permanently revoked Petitioner's Florida Teacher's Certificate. The revocation was based upon Petitioner's criminal convictions, Petitioner's falsifying his employment application, Petitioner's falsifying his application for a Florida Teacher's Certificate, and Petitioner's falsified leave request form. On April 1, 1981, Petitioner entered a plea of guilty to the offense "unemployment compensation fraud" in the Circuit Court of Duval County, Florida. Adjudication of guilt and imposition of sentence were withheld, and Petitioner was placed on probation for a period of one year. Petitioner's personal conduct as set out above seriously reduces his effectiveness as a teacher. It does not appear that the Petitioner has in any way rehabilitated himself since his Teacher's Certificate was revoked in 1978. Indeed, he has since that time committed a crime involving moral turpitude.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,
Findings Of Fact As indicated, this case has been presented upon a facts stipulation between the representatives of the parties and the agreement for submission of certain evidential items in aid of the fact stipulation. The exact terms and details of the facts stipulated are as follows:
Recommendation It is recommended that the Respondent, Duval County School Board, allow the Petitioners claim for tenure effective the beginning of the academic year 1977- 78, with full benefits, including back pay. DONE AND ENTERED this 30th day of October, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Patricia A. Renovitch, Esquire General Counsel FEA/United 208 West Pensacola Street Tallahassee, Florida 32304 Thomas E. Crowder, Esquire Assistant City Attorney 1300 City Hall Jacksonville, Florida 32202
