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 The issues for consideration in this above-styled cause are as follows: Whether Respondent's actions of alleged misconduct are in violation of Section 231.28(1)(c), Florida Statutes, and constitute gross immorality or an act involving moral turpitude. Whether the allegations of misconduct involving Respondent are in violation of Section 231.28(1)(f), Florida Statutes, thereby seriously reducing his effectiveness as an employee of the school board. Whether Respondent knowingly testified falsely while under oath, and if so, whether such conduct would be a violation of Section 231.28(1)(i), Florida Statutes, and the Principles of Professional Conduct for the education profession provided by the State Board of Education rules, by failing to maintain honesty in all professional dealings.
Findings Of Fact Petitioner, Tom Gallagher, as Commissioner of Education, is the state entity responsible for providing public, primary, secondary and adult education teaching certification in Marion County and throughout the State of Florida. Consistent with this responsibility, certified teachers are hired by each individual county for classroom direction and administrative activity. Respondent, Barrett W. Purvis, has been employed in the Marion County School system for five years. He holds Florida Educators Certificate 717483 covering the area of physical education. During the 1997-1998 school year, Respondent was employed as a basketball coach at Dunnellon High School located in Dunnellon, Florida. Ten years ago, in October 1990, Respondent, Barrett W. Purvis, was cited for driving under the influence of alcohol in Mississippi. He pled guilty to the offense and was fined $250.00. On or about June 10, 1994, Respondent was involved in an altercation wherein the daughter of the Sheriff of Dixie County was being harassed by a group of individuals. Respondent became involved in the altercation and acted in defense of both himself and the Sheriff's daughter. Respondent explained his involvement in the cause before the County Court at the time of his arraignment, and on June 30, 1994, the County Court dismissed the charge against him. On or about the evening of May 9, 1998, Respondent and his fiancée, along with other individuals attended a local dance club located in Ocala, Marion County, Florida. As a result of an argument between Respondent and his fiancée, Ocala Police were dispatched to the scene. According to various witnesses, Respondent had pushed or slapped his fiancée after being repeatedly punched by her. Pursuant to procedure, Respondent was arrested for Domestic Violence. While being placed in the patrol car, the taller Respondent's head came in contact with the shorter officer's head. There was conflicting testimony as to whether the collision was intentional, yet no injuries nor marks resulted on either man's head. Respondent was immediately pepper sprayed, knocked to the ground, and arrested for Battery on a Law Enforcement Officer. Respondent was taken to the Marion County Jail, where he was released the next day. Respondent was charged by the Office of the State Attorney with Battery on a Law Enforcement Officer, Domestic Violence Battery, and Resisting Arrest with Violence. Subsequently, the Office of the State Attorney reduced the charges to Resisting Arrest Without Violence, Battery on a Law Enforcement Officer and dismissed the charge of Domestic Violence Battery. Respondent was tried on March 18, 1999, and after a short jury deliberation, he was acquitted of all charges. During the course of Respondent's criminal trial which stemmed from the incident at the dance club, Respondent testified that he did not receive medical treatment at the scene but had to treat himself at the County Jail. The evidence introduced at the Criminal Trial is unclear as to the extent, if any, that the Respondent received medical treatment. It is clear, however, that the Respondent believed that he had not received medical attention and was not attempting to be dishonest or mislead the jury. During the course of Respondent's criminal trial stemming from that same incident, Respondent unintentionally misrepresented his prior criminal record to the jury. In fact, he had been previously arrested. In addition to the fact that the misrepresentation was an insignificant reference and not in response to a question elicited by counsel for Respondent or the prosecutor, the Respondent was unaware that the Driving Under the Influence charge he received ten years ago was a criminal charge, but believed it was a traffic charge. Moreover, since the 1994 Criminal Mischief charge was dismissed, his benign representation of a lack of a prior arrest record to the jury was intended to be truthful and not misleading. Respondent has received satisfactory evaluations throughout his career in Marion County, and has no record of disciplinary problems throughout his employment. There is insufficient evidence in the record to support a factual finding that Respondent committed an act of gross immorality or an act involving moral turpitude. There is insufficient evidence in the record to support a factual finding that Respondent committed an act which seriously reduces his effectiveness as an employee of the School Board. There is insufficient evidence in the record to support a factual finding that Respondent violated the Principles of Professional Conduct for the Education Profession provided by the State Board of Education Rules, in failing to maintain honesty in all professional dealings.
Recommendation It is hereby RECOMMENDED that the Department of Education, Education Practices Commission enter its final order that the counts and allegations of misconduct as set forth in the Amended Administrative Complaint be dismissed, and his teaching certificate be reinstated to current good standing. DONE AND ENTERED this 6th day of December, 2000, in Tallahassee, Leon County, Florida. WILLIAM R. PFEIFFER 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 6th day of December, 2000. COPIES FURNISHED: Steven G. Burton, Esquire Robert E. Sickles, Esquire Broad & Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33602-3310 Philip R. Pignataro 11419 Stoneybrook Path Port Richey, Florida 34668 Kathleen M. Richards, Executive Director Department of Education, Education Practices Commission Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Mark D. Shelnutt, Esquire 421 South Pine Avenue Ocala, Florida 34474-4175 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
Findings Of Fact At relevant times to this inquiry Respondent has held the teaching certificate number 664911 in the area of substitute teacher issued by the Petitioner. In the case of the State of Florida v. Robert Ray Stone, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida in and for Marion County, Case Number 90-1630-CF-A-W, Respondent was charged with two counts of vehicular homicide, a single count of leaving the scene of an accident in which a death was involved and a single count of evidence tampering. The accident was alleged to have occurred on May 6, 1990 and the alleged evidence tampering was said to have occurred between May 6 and May 12, 1990. On April 30, 1991 Respondent was tried, found guilty and was adjudicated guilty of unlawfully and willfully failing to stop his vehicle at the scene of an accident or as close thereto as possible, or forthwith to return to that scene and fulfill the reporting requirements and rendering of aid requirements set out in Section 316.062, Florida Statutes, thus violating Section 316.027, Florida Statutes. He pled and was adjudicated guilty of unlawfully and knowingly altering, destroying, concealing, or removing any record, document or thing, in this instance an automobile and/or automobile parts with the purpose to impair its verity or availability in any proceeding or investigation, knowing full well that a criminal trial or proceeding or an investigation by duly constituted prosecuting authority, law enforcement agency or grand jury of the state was pending or was about to be instituted, and through such evidence tampering violated Section 918.13(1)(a), Florida Statutes. The accident in question involved death. These offenses in Counts 3 and 4 to the information to which Respondent offered his pleas were third degree felonies. The two counts of vehicular homicide were not pursued and are not part of the judgment and sentence in the aforementioned case. For his plea Respondent was given concurrent sentences of twelve months imprisonment for Counts 3 and 4 to the second amended information, followed by six years probation to run concurrent. In the imposition of the sentence the court also recommended payment of restitution and investigative costs, alcohol counseling, and that the Respondent consume no alcohol and that the driver's license of the Respondent be revoked for a period of three years. Knowledge of the crime was publicized in the Ocala Star Banner in its July 10, 1990 edition. Frank Washington, Jr., Director of Personnel for the Marion County School System, Marion County, Florida, in which Respondent had been employed as a substitute teacher, offered his opinion on the Respondent's effectiveness to serve as a substitute teacher following the subject incident. Mr. Washington has 31 years of experience in education to include classroom instruction at the elementary, junior high and high school level, service as assistant principal or principal in elementary and middle schools as well as his administrative service. Mr. Washington holds a Florida certificate to teach. Mr. Washington is somewhat familiar with the criminal law case against the Respondent. As a consequence of the case Respondent has been removed from the approved list of substitute teachers in the Marion County School System. Mr. Washington's opinion on the effectiveness of the Respondent to carry forward his duties as a substitute teacher is that Respondent's effectiveness has been reduced. This is especially true given that the school system has limited control over substitute teachers as contrasted with full-time teachers. Mr. Washington's concerns about Respondent's effectiveness also addresses the apparent disregard for human life evidenced by the Respondent in his conduct in leaving the scene of an accident where a human life was lost and the deceit demonstrated by the Respondent in his evidence tampering following the accident. Mr. Washington does not believe that this type individual needs to be in the classroom working with children in a posture where children are to be taught good citizenship. Mr. Washington's opinion on loss of effectiveness is accepted.
Recommendation Upon the consideration of the facts found and conclusions of law reached, it is recommended: That the teaching certificate as a substitute teacher, No. 664911, held by Robert R. Stone be revoked for a period of ten years. RECOMMENDED this 31st day of March, 1992, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1992.
Findings Of Fact Based on the Respondent's admissions in the Election of Rights form and on the exhibits and testimony received at the hearing, I make the following findings of fact: The Respondent holds Florida Teacher's Certificate No. 554716 covering the subject of Spanish, issued September 29, 1986, and valid through June 30, 1991. At all times material hereto, the Respondent taught in the Hillsborough County, Florida, school district at Middleton Junior High School. On or about March 23, 1981, the Respondent was arrested by the Lumberton, North Carolina, Police Department and charged with forgery. On or about June 6, 1984, the Respondent submitted an Application for a Teaching Position to the Hillsborough County (Florida) Public Schools in which she certified that she had never been arrested for a criminal offense. On or about June 28, 1984, June 27, 1985, and July 23, 1985, the Respondent submitted applications for teacher's certificates to the Department of Education of the State of Florida in which she certified that she neither had been convicted, nor had adjudication withheld, of a criminal offense. On or about December 10, 1986, the Respondent was arrested by the Tampa (Florida) Police Department and charged with grand theft and uttering a forged instrument. On or about May 28, 1987, the Respondent entered a plea of guilty before the Circuit Court of Hillsborough County, Florida, to one count of grand theft in violation of Section 812.014(2)(b), Florida Statutes, and 18 counts of uttering a forged instrument in violation of Section 831.02, Florida Statutes. Said court thereupon adjudicated the Respondent guilty of said felonies and sentenced her to six months community control and four and one-half years probation. On or about February 23, 1988, the Respondent was arrested by the University of South Florida Police Department, Tampa, Florida, and charged with four counts of uttering a forged instrument. In or about May, 1988, the Respondent was adjudicated guilty by the Circuit Court of having violated the terms of her probation in violation of Section 948.06, Florida Statutes, and she was sentenced to three years in prison.
Recommendation Based on all the foregoing, it is RECOMMENDED that the Education Practices Commission issue a Final Order finding the Respondent guilty of the violations described in the foregoing conclusions of law and permanently revoking the Respondent's Florida teaching certificate. DONE and ENTERED this 22nd day of March, 1989, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2993 The following are my specific rulings on all of the proposed findings submitted by all parties: Findings proposed by Petitioner Paragraphs 1 and 2: Accepted Paragraphs 3, 4, and 5: Rejected as not supported by clear and convincing evidence. (The evidence in support of these proposed findings does not even reach the level of competent substantial evidence.) Paragraphs 6, 7, and 8: Accepted. Paragraph 9: Rejected as not supported by clear and convincing evidence, and as contrary to the greater weight of the evidence. Paragraph 10: Rejected as irrelevant in view of the lack of proof regarding paragraph 9. Paragraphs 11 and 12: Accepted in substance, with some incorrect details modified. Paragraphs 13 and 14: Accepted. Paragraph 15: Accepted in substance with some unnecessary details omitted. Findings proposed by Respondent (None.) COPIES FURNISHED: Rosemary E. Armstrong and Catherine Peek McEwen 401 South Florida Avenue Post Office Box 3273 Tampa, Florida 33601-3273 Iris Locklear Zapata Florida Correctional Institution Post Office Box 147 Lowell, Florida 32663 Karen B. Wilde, Executive Director Education Practices Commission 418 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Commission 319 West Madison Street, Room 3 Tallahassee, Florida 32399
