Findings Of Fact The Petitioner filed an application for a Florida educator's certificate with the Respondent on June 17, 1989. In Section III of his application, Petitioner indicated that he held a permanent teaching certificate from the State of New York that entitled him to teach nursery, kindergarten and grades one through six. Petitioner signed his application for certification under oath, and thereby certified that all information contained therein was true, correct and complete. On October 14, 1988, the Petitioner was served with a formal notice that proceedings were being instituted by the Commissioner of Education for the State of New York based on allegations that he had falsely claimed to the Greenport Union Free School District where he was employed in New York that he held certification as a school administrator and supervisor. Rather than participate in a formal hearing on this charge, Petitioner stated his intention to voluntarily surrender his teaching certificate in the State of New York by letter dated December 16, 1988. However, when he failed to surrender his official credentials and file a statement of surrender, the Petitioner was informed by letter from the New York Department of Education dated January 13, 1989, and delivered to his last known address by certified mail, that his teaching certificate would be revoked unless he surrendered his certificate and filed the required statement. Petitioner did not comply with this request, and as a result, his New York teaching certificate was revoked on March 28, 1989. The evidence in the record establishes that at the time Petitioner filed his application for Florida certification on June 17, 1989, he did not hold a valid teaching certificate in the State of New York. He had attempted to surrendered his teaching certificate on December 16, 1988, rather than participate in a formal hearing on charges of misconduct. When he failed to comply with the requirement of the New York Department of Education that he relinquish his actual teaching certificate and file a letter of surrender, his certificate was formally revoked on March 28, 1989. Petitioner knew, or should have known, that the information he provided, under oath, in Section III of his application for a Florida educator's certificate was untrue, incorrect and incomplete. Petitioner never challenged the action of the New York Commissioner of Education regarding the revocation of his teaching certificate in that state. He had been placed on notice that his failure to relinquish his teaching certificate and to file a letter indicating his desire to surrender his certificate would lead to revocation. Although the Petitioner sought in this case to discredit and contradict the allegations made against him in New York, the finality of the action taken in New York cannot be collaterally attacked in this proceeding. The merits of those allegations were never litigated in New York because Petitioner chose not to proceed to hearing. He cannot now, in Florida, attempt to litigate the allegations which he had every opportunity to contest in New York, but which he decided not to contest. His New York certificate was revoked due to his failure to surrender his credentials and to file a letter of surrender, as he had agreed to do on December 16, 1988, and that action is final and not subject to challenge in this proceeding. At hearing, Petitioner claimed that he had moved from New York to Virginia in early 1989, and never received the letter dated January 13, 1989, from the New York Department of Education warning him of the revocation of his New York license if he did not relinquish his credentials and file a letter of surrender, as he had stated he wished to do. However, this letter was sent to his last address of record in New York, by certified mail, and was signed for by a "J. Brown." Section VII of Petitioner's Florida application provides a character reference on Petitioner's behalf by "James G. Brown" who represents himself on said application to have been a friend of Petitioner's for 16 years, and whose address is shown as the same as Petitioner's last known New York address. Therefore, notwithstanding Petitioner's denial of having received the letter dated January 13, 1989, warning of revocation of his New York certificate, it is found that such notice was delivered to his last known address, and was received by the same person that Petitioner would have Respondent accept as a character reference on his behalf. Notice of the actual revocation of his New York license was also sent to Petitioner's last known address in New York. It can only reasonably be inferred that Petitioner's friend of 16 years, J.Brown, told him of the certified mail he had received and that, therefore, Petitioner had knowledge of the actual status of his New York certificate at the time he gave false information on his Florida application. Petitioner only reluctantly admitted, at hearing, that the information he provided in Section III of his Florida application was incorrect and untrue. Instead, he insisted that he had not intended to be misleading, but had simply not read the application carefully and had been hurried when he completed the form by signing it on June 17, 1989. By his demeanor and testimony, it is clear that Petitioner does not appreciate the importance of providing true, correct and complete information on an application for a Florida educator's certificate.
Recommendation Based upon the foregoing, it is recommended that Respondent's denial of the Petitioner's application for an educator's certificate be AFFIRMED by the Education Practices Commission. RECOMMENDED this 4th day of October, 1990 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-1405 Petitioner filed a Summary of Evidence, which has been considered, rather than Proposed Findings of Fact on which specific rulings can be made. Rulings on the Respondent's Proposed Findings of Fact: 1-2. Adopted in Finding 1. Adopted in Findings 4 and 6. Adopted in Findings 2 and 3. Adopted in Findings 2 through 5. Adopted in Findings 3 and 6. COPIES FURNISHED: J. David Holder, Esquire 1408 North Piedmont Way Suite 100 Tallahassee, FL 32312 Clifford J. Evert, Sr. 8420 S.W. 3rd Court Apt. 201 Pembroke Pines, FL 33025 Karen B. Wilde, Exec. Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399 Martin Schaap, Administrator Professional Practices Services 325 West Gaines Street, Room 352 Tallahassee, FL 32399
The Issue The issue in this case is whether Petitioner had just or good cause to reject the Superintendent's recommendation that Respondent be re-appointed on probationary status to a one- semester teaching position as agriculture teacher.
Findings Of Fact Background Ms. Lee graduated from Florida State University in 1973 with a bachelors degree in art education. She received a masters degree in agriculture education from the University of Florida in 1984. She has served as an extension director for the Seminole Tribe and was a teacher in the Pahokee Junior Senior High School for about 14 years. She also held a position in the Ft. Pierce school system for a short time. She was initially employed by the Hamilton County School Board as a substitute teacher in March of 1998. Subsequently she was hired on an annual contract as the agriculture teacher at Hamilton County High School for the 1998- 1999 school year. Ms. Lee was issued a temporary-non-renewable certificate as a teacher, by the Florida Department of Education on October 17, 1998. This certificate covered the period July 1, 1998 through June 30, 2000. Pursuant to a favorable recommendation by Superintendent Parks, Ms. Lee was hired as the agriculture teacher for the school year 1999-2000. This contract required that she complete required college semester hours by September 1999, and receive a passing score on the Florida Teachers Certification Examination. This contract expired on May 31, 2000. Ms. Lee bought a used recreational vehicle with her own funds so that she could transport her students to agricultural events. Ms. Lee invested a lot of her own time and money into trying to enhance the agriculture program. Her husband helped her in this regard. During a time shortly before March 16, 2000, some of her students applied spray paint to Ms. Lee's recreational vehicle. Subsequently, when Ms. Lee learned that her vehicle had been vandalized, she used inappropriate language in front of an agriculture student, Ruben Perez, who was 18 years of age at the time. This occurred in her classroom and in the vicinity of her classroom. Ruben Perez surreptitiously tape-recorded this language. Ruben Perez stated that Ms. Lee had used inappropriate language prior to this incident which included vulgar language delivered in a loud voice. The Superintendent of Schools, Ms. Patricia Parks suspended Ms. Lee, without pay, on March 16, 2000. On March 24, 2000, Superintendent Parks, sent a letter to Ms. Lee advising that her suspension was reversed and that she would be reinstated with back pay and benefits. This action was taken subsequent to having been advised of the illegality of using the surreptitious tape-recording by Ms. Lee's attorney. The letter further advised Ms. Lee that there would be no record of the incident. Action by the Board At the end of the school year, Ms. Cheri Landry recommended to Superintendent Parks, in an undated letter, that Ms. Lee be given a contract for a one-semester position as "agriculture instructor/FFA advisor," for the period August 8, 2000 to December 20, 2000. This appointment was to be a probationary appointment. This recommendation noted that Ms. Landry had talked with Ms. Lee regarding, "areas in which she needs to improve which include "Climate/Learning Environment and Administration/Management." Superintendent Parks recommended to the Board that Ms. Lee be appointed to the position of agriculture teacher. A copy of a letter from Ms. Landry to Ms. Lee was appended to the recommendation. This letter summarized the areas in which Ms. Lee needed to improve. These documents represent the entirety of the information provided to the board with regard to Ms. Lee at the June 19, 2000, meeting. On June 19, 2000, the Board decided by a three-to-two vote, not to appoint Ms. Lee as recommended by Superintendent Parks. No record of the discussion of the reason for the Board's rejection was given other than Board member Ottis M. Cercy's statement that the firing was for "just cause." Ms. Lee was not given prior notice that the Board had under consideration the rejection of Superintendent Parks' recommendation. On June 19, 2000, Ms. Lee was in Texas with some of her agriculture students at a Future Farmers of America event. She was not under contract with the Board on that date and she was not paid by the Board for this activity. At the hearing, Board members Larry Carver, Martha Butler, and Ottis M. Cercy, stated that they had voted against the motion to enter into a new contract with Ms. Lee because they had received information, prior to the meeting of the Board, that Ms. Lee had cursed in the presence of students, and had permitted tobacco use and card playing in the classroom. Subsequently, Board Members Larry Carver, Martha Butler, and Otis M. Cercy sought additional information in an effort to ratify their action. Allegations of Misbehavior Mr. Wendell Hill, a retired teacher, had seen agriculture students smoking and dipping in an area where Ms. Lee could have seen them. Despite the fact that Hamilton County High School was officially a tobacco-free campus, students, as well as teachers, smoked on campus, and used smokeless tobacco. Mr. Hill also heard Ms. Lee speaking in a loud voice while in class. Jane Lowe, a history teacher and president of the teachers' union, observed that adults employed at Hamilton County High School occasionally smoked behind the boiler room. Evidence of smokeless tobacco use in Ms. Lee's room had been observed by Mr. Pinello, assistant principal of the high school. This observation occurred when he was the dean of students. Mr. Pinello did not relay this information to the principal. Mr. Pinello received some complaints with regard to the cleanliness of Ms. Lee's "environment" and classroom. He checked on this and relayed information regarding his findings to the principal. He received oral complaints that Ms. Lee had used inappropriate language but took no steps to confirm the reports. Allegations concerning Ms. Lee smoking, or permitting the use of tobacco products, were not presented to Ms. Landry prior to the June 19, 2000, Board meeting. Ms. Lee does not smoke nor did she knowingly permit students to use tobacco products. Moreover, she taught her students about the evils of tobacco use and encouraged them to refrain from tobacco use. The only witness who alleged vulgar conduct on the part of Ms. Lee during the incident precipitated by the vandalism of her recreational vehicle was Ruben Perez. He was also the only witness, with claimed personal knowledge, who alleged that Ms. Lee was vulgar at any time. The Board's minutes of May 22, 2000, revealed that Superintendent Parks had actively sought students as witnesses to the events described by Ruben Perez, but none could be found. No evidence was adduced demonstrating that the School Board or Hamilton County High School had a policy addressing vulgar language for either students or teachers. One student was suspended for a year for using vulgar language subsequent to June 19, 2000. The football coach has used vulgar language in front of school children but the Board has not fired him or taken any disciplinary action against him. Ms. Lee was first appointed to the position of agriculture instructor for the school year 1997-1998. Subsequently, for the school year 1998-1999, her appointment was subject to passing the Florida Teacher Certification Examination and passing additional course work. She held a temporary, non- renewable certificate from the Florida Department of Education for the period October 17, 1998 through June 30, 2000. She submitted an application for a new certificate dated June 12, 2000. At the time of the June 19, 2000, meeting of the Board, she had not completed the required semester hours of continuing education or taken the required certification examination. She successfully completed the requirements prior to the beginning of the 2000-2001 school year. The Board has often approved the appointment of teachers with temporary certificates. At the time of the hearing in this case, there were many teachers in the Hamilton County School system teaching under the authority of temporary certificates. Matters in Mitigation The agriculture operation at Hamilton County High School had in previous years, "gotten out of hand." The agriculture class had been a problem for 20 years. Ms. Lee improved the operation of the agriculture program by introducing new activities so that more students could be involved in the program. She promoted the Supervised Agricultural Experience Program and had winners in Future Farmers of America programs. She has involved the students in many projects including supporting the Farm Bureau in their annual dinner. The students provided a barbecue for the rodeo. She was heavily involved with her students and enhanced the agriculture program in many ways. Ms. Landry, the principal of Hamilton County High School, believes that Ms. Lee did a very good job and wants her to resume her position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order appointing Ms. Lee, on probationary status, to a one-semester teaching position as agriculture teacher dating back to the beginning of school year 2000-2001. The order should reflect that she is to be awarded full pay and benefits for the contract period for which she was recommended. DONE AND ENTERED this 11th day of December, 2000, in Tallahassee, Leon County, Florida. HARRY L. HOOPER 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 11th day of December, 2000. COPIES FURNISHED: Steven C. Bullock, Esquire J. Rhett Bullard, Esquire Brannon, Brown, Haley, Robinson & Bullock, P.A. 10 North Columbia Street Post Office Box 1029 Lake City, Florida 32056-1029 Donald K. Rudser, Esquire Post Office Box 1011 Jasper, Florida 32052 Robert J. Sniffen, Esquire Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. The Perkins House 118 North Gadsden Street Tallahassee, Florida 32301 Patricia Parks, Superintendent Hamilton County School Board Post Office Box 1059 Jasper, Florida 32052-1059 Honorable Tom Gallagher Commissioner of Education Department of Education The Capitol, Plaza Level 01 Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 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 Whether there are sufficient grounds for the imposition of disciplinary sanctions against Respondent?s teaching certificate, and if so, the nature of the sanctions.
Findings Of Fact The Florida Education Practices Commission is the state agency charged with the duty and responsibility to revoke or suspend, or take other appropriate action with regard to teaching certificates as provided in sections 1012.795 and 1012.796. § 1012.79(7), Fla. Stat. Petitioner, as Commissioner of Education, is charged with the duty to file and prosecute administrative complaints against individuals who hold Florida teaching certificates and who are alleged to have violated standards of teacher conduct. § 1012.796(6), Fla. Stat. Respondent holds a teaching certificate issued by the Florida Department of Education, No. 608837, covering the areas of pre-kindergarten and primary education. Respondent?s current teaching certificate was issued as a result of the entry of a September 18, 2007, Settlement Agreement that resolved an initial denial of the teaching certificate for a series of pleas or convictions for financial crimes, including Public Assistance Fraud. The Settlement Agreement authorized the issuance of Respondent?s teaching certificate subject to a letter of reprimand and a two-year period of probation. The Settlement Agreement was adopted by the Education Practices Commission by Final Order entered on January 25, 2008. Respondent was employed by the Gadsden County School Board in various positions since 2005, most of them being as a teacher at the elementary school and kindergarten level. Respondent received instructional employee evaluation ratings of “very effective” for the 2006-2007 school year, and of “effective” for the 2007-2008, 2008-2009, and 2009-2010 school years. Respondent was suspended from teaching by the Gadsden County School Board on January 3, 2011 for issues relating to her December 21, 2010, arrest for drug-related offenses. The suspension was upheld at a meeting of the Gadsden County School Board on January 25, 2011. Respondent was rehired as a Gadsden County substitute teacher in February, 2011, and worked in that capacity at two schools until December 2012. The decision to rehire was made to accommodate Respondent with lawful employment so as to meet the terms of her probation. Administrative Complaint On November 30, 2012, Petitioner issued the Administrative Complaint that forms the basis for this proceeding. The Administrative Complaint identified the offenses that underlie the five specified counts. Resisting an Officer - September 29, 2007 On September 29, 2007, Officer Clark was in the process of effectuating an arrest of Respondent?s son at a convenience store located near Respondent?s home. According to Officer Clark, Respondent?s son was resisting efforts to place him in handcuffs. While Officer Clark was attempting to take Respondent?s son into custody, Respondent appeared on the scene and attempted to intervene in the incident. The nature of the intervention is disputed. When a back-up officer arrived, Officer Clark instructed him to take Respondent into custody. The only evidence of the disposition of the charge of resisting an officer was a printout of the case docket from the website of the Leon County, Florida Clerk of Court. The printout is hearsay, and comes within no exception to the hearsay rule set forth in section 90.803, Florida Statutes. Disposition of the charge of resisting an officer was not supported by competent, substantial, and non-hearsay evidence. Thus, no finding can be made to substantiate that charge. Driving Without a Valid License - January 2, 2010 On January 2, 2010, Respondent was driving her vehicle in Tallahassee. She was stopped by Officer Hurlbut for a traffic infraction. Respondent presented Officer Hurlbut with a Florida driver?s license. When Officer Hurlbut ran the driver?s license through his onboard computer, he discovered that the driver?s license produced by Respondent was not current, and that Respondent?s driver?s license had been suspended. Officer Hurlbut issued a citation and notice to appear to Respondent, and seized her expired driver?s license and her automobile tag. On April 14, 2010, Respondent entered a plea of no contest to a charge of operating a motor vehicle without a valid driver?s license, a second-degree misdemeanor, was adjudged guilty, and was placed on probation for a period of six months. Driving Without a Valid License/Violation of Probation - September 26, 2010 On September 26, 2010, Respondent was stopped by Highway Patrol Sergeant Teslo for driving without a seatbelt. Respondent had no identification. Sergeant Teslo asked Respondent to write her name and date of birth on a sheet of paper so that he could run it through his onboard computer. The name and birthdate provided by Respondent were not those of Respondent. When Sergeant Teslo determined that the name and birthdate were not those of Respondent, he returned to her car, whereupon Respondent provided him with her real name and birthdate. When Sergeant Teslo ran Respondent?s name and birthdate, he discovered that Respondent was operating her vehicle while her driver?s license was suspended. He issued a traffic citation, and waited for a licensed driver to come and pick up Respondent. As a matter of discretion, Sergeant Teslo did not charge Respondent with providing false information. On September 30, 2010, an affidavit of probation violation was executed which alleged that Respondent violated her April 14, 2010, sentence of probation by driving with a suspended license. A warrant was issued, and Respondent was taken into custody. Respondent entered a plea of no contest to a reduced charge of operating a motor vehicle without a valid driver?s license. Adjudication was withheld. Drug Offenses - December 9, 2010 On December 9, 2010, after a period of investigation and surveillance of Respondent?s home, the Tallahassee Police Department executed a search warrant for the home. Respondent was not at the home when the search was conducted. Respondent arrived at her home while the search warrant was being executed. There were numerous police cars around the house. Respondent asked a neighbor to watch the house and retrieve the keys when the search was done while she took her pit bulldog, which had been Tasered during the execution of the warrant, to the veterinarian. The neighbor later called Respondent to advise her that drugs were found during the search. Thus, the search and its results were openly known in the area. During the execution of the search warrant, two of Respondent?s sons were taken into custody. The search of the home uncovered a significant quantity of powdered and crack cocaine, cannabis, and various articles of paraphernalia located in rooms throughout the home, including the kitchen and Respondent?s bedroom. On December 21, 2010, Respondent was arrested for a number of drug-related offenses. On February 11, 2011, an Information was filed charging Respondent with trafficking in controlled substances, a felony of the first degree; sale or possession of controlled substances with intent to sell within 1000 feet of a convenience store, a felony of the first degree; sale or possession of controlled substances with intent to sell within 1000 feet of a convenience store, a felony of the second degree; and possession of paraphernalia, a misdemeanor of the first degree. On November 15, 2011, Respondent entered into a deferred prosecution agreement for the charged offenses subject to Respondent?s compliance with various terms of the agreement. Public Assistance Fraud - July 25, 2012 On July 6, 2012, an affidavit was executed by Department of Economic Opportunity Investigator Marshall, in which it was alleged that Respondent made false statements that she was unemployed and not receiving wages or benefits from June 19, 2010 through February 26, 2011, so as to qualify for reemployment assistance benefits for which she was otherwise not eligible. Respondent asserted that she was, in fact, unemployed during the summer of 2010, since her annual contract expired at the conclusion of the 2009-2010 school year, and was not renewed until the commencement of the 2010-2011 school year. She further asserted that she was suspended without pay commencing on January 26, 2011. However, the evidence is undisputed that Respondent was employed and receiving wages for, at a minimum, the start of the 2010-2011 school year1/ until January 26, 2011. On July 25, 2012, an Information was filed charging Respondent with Unemployment Compensation Fraud, a felony of the third degree, for making false statements to obtain or increase benefits under Florida unemployment compensation laws. On November 2, 2012, Respondent entered a plea of nolo contendere to the felony charge of unemployment compensation fraud, was adjudicated guilty, was placed on probation for a period of five years, and was ordered to pay restitution to the Florida Reemployment Compensation Trust Fund in the amount of $7,972.00 and to pay an additional $750 in court costs.
Recommendation Upon consideration of the findings of fact and conclusions of law reached herein, it is RECOMMENDED that Petitioner enter a final order permanently revoking Respondent?s teaching certificate, No. 608837. DONE AND ENTERED this 16th day of December, 2013, in Tallahassee, Leon County, Florida. S E. 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 16th day of December, 2013.
