Findings Of Fact Respondent has been employed by Petitioner as a teacher's aide in a mentally handicapped classroom for the past three years. Prior to her employment, Respondent, who is the mother of a handicapped child, worked as a volunteer classroom aide. She is active in the Parent Teacher Association and is a girl scout leader. Respondent attended an orientation session at the beginning of the 1983-84 school year where school policies were discussed. However, she does not remember any explanation of corporal punishment policy and did not receive a copy of Petitioner's rules on this subject. Respondent has had no formal training in education and is not certificated. Respondent recalls a discussion at the beginning of the school year with the special education teacher who was her supervisor. The teacher advised Respondent not to hit Robert Pelligrino because his sister would likely take legal action. The teacher concedes that she made a special point of telling Respondent not to strike Robert Pelligrino, but claims to have forgotten everything else about the discussion including the reason for this unusual warning. On or about February 3, 1984, while engaged in her duties as a teacher's aide, Respondent slapped the student Robert Pelligrino in the face. She struck the child with sufficient force to leave a mark which was visible for a brief period following the incident. Although Petitioner presented no evidence to establish that Respondent struck Robert Pelligrino, she readily admitted doing so. However, Respondent claims she was merely trying to correct his finger-sucking habit. This alibi is rejected, in that events leading up to the incident provoked Respondent and caused her to believe that Robert needed to be disciplined while his unacceptable behavior was fresh in his mind. Robert, who is mentally handicapped, tripped a smaller, handicapped student who fell and was injured as a result of Robert's action. Respondent first went to the aid of the injured student and immediately thereafter slapped Robert. The two other incidents were attested to by Robert's sister, Mrs. Donna Ferrell, who was serving as a volunteer aide on February 1, 1984. Mrs. Ferrell and Respondent were both working with a group of handicapped children on the occasion of a class field trip. Mrs. Ferrell observed Respondent beating on the chest of one student in an effort to re-attach a "stick-on" name tag which the child had removed. Later, on the bus, Mrs. Ferrell observed Respondent reach out and strike or tap a student on the top of his head to gain his attention. This evidence did not establish that Respondent injured either student, that she used undue force, or that she was attempting to punish either of them.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order dismissing its charges against Respondent. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The DeSoto Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1984.
The Issue The issues here are as presented through an administrative complaint brought by the Petitioner against Respondent. In particular, it is alleged that Respondent falsified applications related to her certification as a teacher in the State of Florida and her employment as a teacher in the Duval County, Florida School System. In particular it is alleged that Respondent falsely answered questions pertaining to her arrest or conviction for a misdemeanor offense in Jacksonville, Florida. For these acts, Respondent is alleged to have violated Section 231.28(1), Florida Statutes, in that she has obtained her teaching certificate by fraudulent means and been guilty of personal conduct which seriously reduces her effectiveness as an employee of the school system. Moreover, it is alleged that further fraud was committed related to Rule 6B- 1.06(5)(a)(g) and (h) Florida Administrative Code, pertaining to fraudulent statements or disclosures.
Findings Of Fact On April 28, 1981, Shirley Lambert made application to be certified as a teacher in the fields of health education and physical education. This certification request was made with a State of Florida, Department of Education Teacher Certification section. A copy of the application may be found as Petitioner's Exhibit No. 2, admitted into evidence. As part of the application, question V asks, "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?" Lambert responded in the negative. Lambert also signed the application form below that portion of the application related to notarization which states "I understand that Florida Statutes provide revocation of a teacher's certificate if evidence and proof is established that the certificate is obtained by fraudulent means. (Section 231.28 FS). I certify that all information pertaining to this application is true and correct." As a result of this application, Respondent was issued a teacher's certificate from the State of Florida, Department of Education in the field of physical education. The date of the issuance was June 25, 1982, for a period ending June 30, 1983. A copy of this certificate is found as petitioner's Exhibit No. 1, admitted into evidence. In fact, as was known to the Respondent at the time of making the application for certificate, she had been arrested and charged with petit theft for an offense that occurred on April 11, 1978, the taking of clothing less than $100 in value. The basis of the charge was Section 812.014(2)(c), Florida Statutes. Respondent pled guilty to this offense and was given a ten day jail sentence which was suspended and probation imposed for a period of six months. The particulars of this disposition may be found in Petitioner's composite Exhibit No. 3, which contained records of court related to the offense. On August 10, 1982, Respondent made application for employment with the Duval County School Board, Jacksonville, Florida. A copy of that application may be found as Petitioner's Exhibit No. 4. This application had a similar question related to prior criminal offenses. The application stated, "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?" Again, the question was answered in the negative although Respondent was aware of the aforementioned criminal violation at the time she answered this questionnaire. The application was signed by Respondent and at the place of signature, Lambert was exposed to the language at the signature line which states "I certify that all information on this application is true and accurate and recognize that it is subject to verification and that my employment and/or continuance thereof is contingent upon its accuracy." Not being mindful of her prior criminal involvement the Duval County School System hired Respondent as a substitute teacher on September 13, 1982. Her criminal record was later disclosed to the administrators within that system and her employment was terminated effective October 12, 1982. Had the administration known of the prior criminal involvement, they would not have hired Lambert in view of the fact that they could be more selective and not choose a person with a prior criminal involvement, given the high number of applicants for jobs within their system. Dalton Epting, Director of Certified personnel of Duval County Public Schools, felt that a prior conviction of a misdemeanor offense of petit larceny would be in violation of standards required of teachers in Duval County. Likewise, the offense of petit larceny would be sufficient grounds to deny certification when requested of the State of Florida, Department of Education. Respondent testified that in the course of the final hearing and indicated in discussing both applications which are at issue that she read those applications too fast and made a mistake in answering the questions related to her prior criminal involvement. She felt in effect that she had not read the applications carefully. Moreover, in giving her explanation at final hearing, even though she recognized her prior criminal involvement in the way of arrest and the plea of guilty to petit theft, she stated that she did not feel the questions in the applications related to misdemeanors. She was of the opinion that the questions pertained to more serious crimes. Given the plain language of the questions in the application for certification with the State of Florida and the application for a position with the Duval County School Board and the precautionary statements related to accuracy and possible penalties for inaccuracy, Respondent's explanations are not plausible. Respondent's comments do not constitute a reasonable excuse for having falsified her applications for certification and employment.
Findings Of Fact The Respondent holds Florida teaching certificate 227677, covering the areas of Chemistry, Biology, and Middle Grades General Science, which is valid through June 30, 1996. Petitioner has been certified to teach in Florida since 1969. On or about February 5, 1979, Respondent was arrested and charged with Disorderly Conduct, a misdemeanor, in Orange County, Florida. Respondent pled not guilty to the charge, waived a jury trial and was tried before the court and found guilty. The count withheld adjudication and on or about May 2, 1979, the Court sentenced Respondent to pay a $350.00 fine, plus court costs. On or about June 24, 1985, Respondent executed, under oath, an Application for Extension of Certificate. Respondent answered "no" to the following question: 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 was negligent in completing his application in that he failed to acknowledge his 1979 arrest for Disorderly Conduct for which the Court withheld adjudication. The renewal application was completed six years after the incident and Respondent simply forgot to list it on the form. On or about December 25, 1992, Respondent was arrested and charged with Battery, a first degree misdemeanor, following a domestic disturbance with his wife in Seminole County, Florida. Respondent pled nolo contendere to the battery charge. On or about February 11, 1993, the count withheld adjudication and sentenced Respondent to serve six months probation. Probation was successfully terminated on August 23, 1993. On or about September 6, 1993, Respondent was arrested and charged with Aggravated Battery, a third degree felony, and Shooting Into or At a Building, a second degree felony. Respondent pled not guilty to the charges and was tried and convicted on both counts following a trial by jury. On or about May 30, 1994, the Court adjudicated the Respondent guilty of Aggravated Battery and withheld adjudication on the charge of Shooting Into or At a Building. Respondent was sentenced to 3 years in prison on the battery charge (Count I). He was placed on one year probation on Count II and required to pay court costs. The conviction and sentence was appealed to the Fifth District Court of Appeal of Florida. The court upheld the conviction and sentence. However, it did certify a question as one of great public importance to the Florida Supreme Court Respondent testified that he has been a school teacher for more than 25 years and has an outstanding record in the community.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent be found guilty of violating Sections 231.28(1)(c), (e), (f), (i), (j), Florida Statutes and not guilty of violating Section 231.28(1)(a), Florida Statutes and Fla. Admin. Code R. 6B-1.006(5)(a) and (h). It is further RECOMMENDED that the Respondent's teaching certificate be revoked for a period of 5 years, followed by a period of 3 years probation should the Respondent become recertified in Florida and upon such reasonable and necessary conditions as the Commission may require. DONE AND ENTERED this 22nd day of December, 1995, in Tallahassee, Florida. DANIEL M. KILBRIDE, 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 December, 1995. APPENDIX Petitioner's Proposed findings of fact: Accepted in substance: paragraphs 1, 2, 3, 4 (in part), 5 (in part), 6 (in part. Rejected as hearsay and irrelevant: paragraphs 4 (in part), 5 (in part), 6 (in part). Respondent did not file proposed findings of fact. COPIES FURNISHED: John A. Knight, Pro Se 1817 Harding Avenue Sanford, Florida 32771 Barbara J. Staros, General Counsel Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Ronald G. Stowers, Esquire Office of the General Counsel Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Dr. Karen Barr Wilde, Executive Director Education Practices Commission 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen Richards, Administrator Professional Practices Services 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the administrative complaint and, if so, what disciplinary action should be imposed.
Findings Of Fact Respondent, June C. Rawls, currently holds Florida teaching certificate number 240351, covering the areas of early childhood education and elementary education, which is valid through June 30, 1996. Respondent has been employed by the Dade County Public School System for 25 consecutive years and was so employed at all times pertinent to these proceedings. During the 1990-91 school year, respondent was employed as a kindergarten teacher at Gloria Floyd Elementary School. Her class, comprised of 5 and 6-year-olds, was typical in terms of class size, with 22 to 24 students, and in terms of the nature of her students, with the vast majority considered within the "norm" and two or three that might ultimately be identified as "outstanding" or "exceptional" students. Here, petitioner charges that during the 1990-91 school year respondent used inappropriate physical force to discipline or control the behavior of her students, and made inappropriate or disparaging remarks to her students. The proof overwhelmingly supports such charges and demonstrates that not only did respondent subject her youthful charges to such loathsome conduct, but that she did so on a routine basis. 1/ Regarding the verbal abuse respondent visited upon her students, the proof demonstrates that she routinely spoke in a loud, harsh and intimidating voice, and ridiculed, mocked and denigrated her students. Exemplifying the tenor of remarks she vented upon various of her student or the class are the following: "You're no good, I know you're no good, you're mother knows you're no good and you're father knows you're know [sic] good so sit down and shut up." In a 7 minute tirade, abraded a student with the following remarks: the "reason you're parents don't like you; you are so bad; when you come home tonight you're parents are going to be gone, they're going to go off and leave you; you are so bad; nobody likes you, you're parents don't love you." Abrading the entire class, she commented with regard to their comparative worth with the class next door, which was a prekindergarten, high risk, special education class, the following: "If you don't shut up you're going to be like those kids next door, you know what their like. If you don't, you're going to be just like those children next door; you are just like those children next door; you're stupid; you're dumb." Upon being advised by another teacher that she had found a dollar lying on respondent's classroom floor, and one of the respondent's students averring that it was his, respondent remarked in a loud strident voice so the entire class could hear that he "was a sick puppy, . . . he would never amount to anything and it was no wonder his parents didn't like him and [that the other teacher] shouldn't touch the money since it had been in his underwear." And, variously, "you're not worth anything," and "you're dumb, you're never going to be anything." In addition to the loud, harsh and intimidating voice respondent used to address her students, she was also physically abusive towards them. In this regard, the proof demonstrates the following: Respondent would occasionally drag students across the floor by their wrists to the "time out corner," and slap them; pick students off the ground by their wrists and shake them; and roughly push or slam them into their seats or on the floor. On one occasion, respondent picked a student up by the jaws, about two feet off the floor, and carried the child about seven or eight feet across the room. Respondent was observed pushing students, pulling their hair, squeezing their ears and pinching them. On one occasion, respondent was observed angrily throwing a back pack and lunch box across the classroom, and on another occasion, she was observed to have kicked a child who had kicked another child. Finally, respondent was observed to have forced her students to sit in a cross legged position, and when one child apparently was having problems because the child's legs were getting cramped and opened them up, respondent took the child's legs and slammed them close to cross them again. The foregoing incidents of verbal and physical abuse reflect the tenor of respondent's conduct toward her students during the course of the 1990-91 school year, which was routinely punctuated by verbal haranguing. Such conduct failed to present a good example, as a role model, for the students or set a good example for the children to emulate in dealing with their peers; caused various students to become hysterical,cower, cry and fear respondent; damaged their self esteem; and raised concern that her rough handling of students could result in serious injury to them, such as damage to their spinal cord. Respondent's conduct during the 1990-91 school year was condemned by her peers and parents. Such conduct evidenced a reckless indifference to the mental and physical well-being of her students, was contrary to Dade County Public School policy which forbids the use of corporal punishment, and such punishment was administered contrary to the provisions of state law. Section 232.27, Florida Statutes. While respondent's conduct during the 1990-91 school year forms the basis for the charges lodged against her by petitioner, the proof demonstrates, as elicited by respondent, that her abusive behavior was not limited to that school year. Rather, the proof demonstrates that the demeanor she exhibited towards her students deteriorated over the two-year period preceding the 1990-91 school year, and her verbal haranguing continued into the 1991-92 school year even though she had been reassigned to teach a higher grade level. In December 1991, respondent's physician advised her, after consulting him for some "physical problems," that "different chemicals within [her] body were elevated and he thought [she] should seek counseling or take some time off from work." Consequently, respondent took two weeks leave, in addition to her normal Christmas holidays, and during such time saw a psychologist for counseling. The record is, however, devoid of any proof concerning respondent's diagnosis, the purpose for the counseling, the frequency of the counseling, or the prognosis for her recovery from the condition, albeit unexplained of record, which prompted her referral to counseling. What does appear of record is, however, the fact that what ever counseling she received was limited to December 1991, and that she has sought no counseling since that time. In January 1991, following the Christmas holidays, respondent returned to Gloria Floyd Elementary School, where she remained until she was transferred to another school in May 1992. Apparently no change occurred in respondent's behavior because, notwithstanding counseling, respondent's principal was of the opinion, which is credited, that respondent "should leave the classroom . . . I don't think she should be teaching elementary school." While severe, the conclusion that respondent should not be permitted to return to the classroom, at the current time, is well supported by the clear and present danger respondent posed to her students' mental and physical well- being during the 1990-91 school year, and the lack of any compelling proof that such conduct would not reasonably be expected to repeat itself. In so concluding, respondent's testimony that she has not suffered similar problems during the 1992-93 school year has not been overlooked; however, such testimony is not persuasive or credible given respondent's contemporaneous denial, in the face of overwhelming proof to the contrary, that she ever committed any of the acts of verbal or physical abuse heretofore discussed, and would never have done so because it would have been "demeaning and disparaging" to the students. In sum, respondent is either a prevaricator or her grasp of reality is so distorted as to lack reliability, such that her testimony is unworthy of belief.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered which permanently revokes respondent's teaching certificate for a term of five (5) years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of February 1993. WILLIAM J. KENDRICK 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 26th day of February 1993.
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
Findings Of Fact On July 4, 1982, while driving a borrowed automobile, Petitioner was involved in an automobile accident. At the scene of the accident, a quantity of marijuana was found in the vehicle, and on July 9, 1982, in the Criminal Court of the City of New York, Petitioner was charged with criminal possession of marijuana in the second degree and operating a motor vehicle while impaired by use of drugs. The first charge was reduced to criminal possession of marijuana in the fourth degree. Petitioner had no knowledge that marijuana was located inside the automobile he had borrowed and was not operating the motor vehicle while impaired by drugs. Subsequent to his being discharged from the hospital where he was receiving treatment for injuries sustained in the accident, Petitioner received two anonymous telephone threats. Petitioner was advised that if he were to involve the owners of the borrowed automobile in the drug charges he would have reason to fear for his physical safety. Petitioner communicated these threats only to the attorney who was representing him on the criminal charges. On September 7, 1982, Petitioner entered a plea of guilty to an even lesser charge of criminal possession of marijuana in the fifth degree, a class B misdemeanor, for which he paid a $210 fine and a $40 assessment. Petitioner would not have entered a plea of guilty to that misdemeanor if he had not received the threats against him. On November 16, 1982, Petitioner filed a written application with the Department of Education requesting issuance of a Florida Teacher's Certificate. In Section V of the application, Petitioner indicated that he had been arrested in Queens County, New York, on July 21, 1982, for possession of 25 grams of marijuana and fined $210. On November 29, 1982, Marlene T. Greenfield, Administrator of Professional Practices Services of the Department of Education, wrote Petitioner to request additional information concerning his answer to the questions in Section V of his application. Petitioner replied to Mrs. Greenfield's request by letter dated December 13, 1982. In his reply, Petitioner explained as follows: I pleaded guilty to the possession of a small amount of marijuana for purposes of expediency since I was driving a friend's car at the time of arrest and rather than involving other people, I pleaded guilty and paid the monetary fine. Based upon the additional information furnished to the Department of Education by Petitioner, his application for a Florida Teacher's Certificate was denied. Petitioner was notified of the denial by a document entitled Notice of Reasons, signed by the Commissioner of Education and dated February 14, 1983. The parties stipulated, prior to the formal hearing in this cause, that Petitioner has met all requirements for issuance of a Florida Teacher's Certificate except those set forth in the Notice of Reasons. Petitioner's conviction for the fifth degree misdemeanor of possession of marijuana was entered upon his plea of guilty which was the result of threats and coercion. Petitioner has been licensed as a teacher in the State of New York for four years, where he served primarily as a substitute teacher but also as a term teacher by appointment. He has also received two satisfactory teacher evaluation ratings while serving as a substitute teacher in Broward County, Florida. On June 2, 1983, he was approved by the School Board of Broward County as a substitute teacher for the 1983-1984 school year, which approval may have been suspended pending his receipt of a Florida Teacher's Certificate.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered issuing to Petitioner Jon Seth Wortman a Florida Teacher's Certificate. DONE and RECOMMENDED this day of September, 1983, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of September, 1983. COPIES FURNISHED: Eric R. Schwartz, Esquire 3500 North State Road 7, Suite 290 Lauderdale Lakes, Florida 33319 J. David Holder, Esquire 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32302 The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Donald L. Griesheimer Executive Director Education Practices Commission The Knott Building Tallahassee, Florida 32301 =================================================================
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner Lawrence A. Longenecker formerly held a Florida teaching certificate, and was employed as a science teacher at Madeira Beach Middle School in Pinellas County until January of 1978. In January of 1978, administrative charges were brought against the petitioner by the Professional Practices Council (the predecessor to the Education Practices Commission) for the revocation of his teaching certificate. After a hearing before a Hearing Officer with the Division of Administrative Hearings, it was found that petitioner had made sexual advances toward three female students on four separate occasions during 1977 and that petitioner was thus guilty of personal conduct which seriously reduced his effectiveness as a school board employee. The Hearing Officer recommended, by order dated November 25, 1980, that petitioner's teaching certificate be permanently revoked. Professional Practices Council v. Lawrence Longenecker, DOAH Case No. 80-1276 (November 25, 1980). By Final Order filed on February 2, 1981, the Education Practices Commission adopted the Hearing Officer's Recommended Order and permanently revoked petitioner's teaching certificate. Professional Practices Council v. Lawrence A. Longenecker, Case NO. 80-005-RT (February 2, 1981). No appeal was taken from this Final Order. In approximately March of 1983, petitioner filed an application for a Florida Teaching Certificate, which application was denied by the Department of Education. Its "Notice of Reasons" for denial, filed on June 30, 1983, recited the events which formed the bases for the prior permanent revocation of petitioner's teaching certificate, and concluded that petitioner had failed to demonstrate that he is of good moral character, as required by Section 231.17(1)(e), Florida Statutes, and that petitioner had committed acts for which the Education Practices Commission would be authorized to revoke a teacher's certificate. Petitioner was 28 and 29 years of age during the time of the acts which formed the basis for the prior certificate revocation. He is now 34 years old. Since 1978, he has obtained a Master's degree in personnel administration from the University of South Florida and has been employed in the area of retail management. He fees that he is now more mature and more wise and would like to return to his chosen profession of teaching school. During the pendency of the instant proceeding, petitioner visited Dr. Alfred Fireman for psychiatric counseling and evaluation on three occasions. It was Dr. Fireman's opinion that petitioner is psychologically fit to reenter the teaching profession provided that his behavior is monitored. He concluded that petitioner "was a suitable candidate for a probationary restoration of privileges." The Education Practices Commission has never reinstated a former certificate or issued a new teaching certificate to an individual whose certificate had been previously permanently revoked.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying petitioner's application for a Florida teaching certificate. DONE AND ENTERED this 9th day of March, 1984. DIANE D. TREMOR 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 9th day of March 1984. COPIES FURNISHED: Lawrence D. Black, Esquire 152 Eighth Avenue SW Largo, Florida 33540 J. David Holder, Esquire Berg & Holder 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32301 Donald L. Greisheimer Executive Director Education Practices Commission Room 125, Knott Building Tallahassee, Florida 32301
The Issue Whether Petitioner demonstrated entitlement to issuance of a Florida Educator’s Certificate.
Findings Of Fact Respondent, as Commissioner of the Florida Department of Education, is charged with the duty to issue Florida Educator's Certificates to persons seeking authorization to become school teachers in the State of Florida. Petitioner is a current resident of Puerto Rico. Petitioner was convicted of federal conspiracy to commit money laundering on October 26, 1999, and sentenced to a term of imprisonment of 46 months, with credit for time served. Petitioner was released from prison in April 2001. He began teaching physical education in Puerto Rico, starting in August 2001. He has taught continuously in Puerto Rico for the past 17 years without incident. Stipulated Facts Petitioner was charged with multiple criminal offenses in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner pled guilty to one count of conspiracy to commit money laundering in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner was found guilty of one count of conspiracy to commit money laundering in the case of United States v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner was sentenced to serve 46 months in prison based upon his plea agreement entered in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner submitted an application for a Florida Educator’s Certificate on July 13, 2016. On the application, Petitioner answered “no” to the questions: “Have you ever been convicted of a criminal offense?” “Have you ever been found guilty of a criminal offense?” “Have you ever pled guilty to a criminal offense?” The answer of “no” to each of these questions was false. Petitioner submitted written responses to Respondent’s Request for Admissions on November 6, 2018, in which he affirmed in writing his statements set forth above. Facts Adduced at Hearing Immediately below Petitioner’s electronic signature on his application was the following: WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN OR RENEW A FLORIDA EDUCATOR’S CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS DISCIPLINARY ACTION BY THE EDUCATION PRACTICES COMMISSION. Petitioner was not able to convincingly explain why he would have checked “no” for three separate questions regarding his criminal conviction on the electronic application. His testimony ranged from an unsuccessful attempt to change his answer to the question before he submitted it via his telephone, to a misunderstanding as to the period of time for which information was being requested. There was no evidence that Petitioner contacted the Department of Education to correct, amend, or withdraw his application. Petitioner gave no indication of an inability to perform the duties of a physical education teacher. The crime for which he was convicted was non-violent in nature, and occurred more than 20 years ago. He testified that he “talk[s] with young people and I explain what I did, you know, trying to -- they don’t do the same, you know, that they continue in the right path.” Petitioner appeared to be sincere in his desire to teach with the benefit of his experience. Despite the foregoing, it is Petitioner’s burden to demonstrate his entitlement to an Educator’s Certificate. Petitioner testified as to his 17 years of teaching in Puerto Rico -- which testimony is entitled to some degree of weight, as the passage of time can be persuasive evidence of rehabilitation and good character. The application includes the jurisdiction, certificate numbers, and dates of expiration for his Puerto Rico Teacher’s Certificate. The evidence that Petitioner has been certified to teach and has been employed as a physical education teacher in Puerto Rico was not disputed by Respondent. The testimony offered by Petitioner at the formal hearing failed to provide any explanation or contrition for his criminal conduct. He offered no specific proof of his good moral character in the form of admissible references from employers or coworkers to substantiate his testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Education enter a final order denying Petitioner, Luis Amarante’s application for a Florida Educator’s Certificate. DONE AND ENTERED this 14th day of January, 2019, in Tallahassee, Leon County, Florida. S GARY EARLY 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 14th day of January, 2019.
