Findings Of Fact On or before July 29, 1969, respondent applied for a type four teacher's certificate, which was issued to him on October 29, 1969. Thereafter, while he was employed as a teacher by the Duval County School Board, he did course work nights at the Continuing Education Center, affiliated with Florida Agricultural and Mechanical University (FAMU), which eventuated in the award of a master's degree on August 30, 1971. On January 31, 1972, respondent applied for a type two teacher's certificate, in order to be eligible for an assistant principal's job, and because his master's degree satisfied the educational prerequisite for upgrading his teacher's certificate. In applying for type two teacher's certificate, respondent filled out an application form. On the form was the question, "Have you ever been arrested or involved in a criminal offense other than a minor traffic violation?" Respondent answered this question in the negative by checking a blank after the word "No." On July 7, 1972, a type two teacher's certificate was issued to respondent. On May 6, 1969, respondent was convicted of an offense under Section 832.05, Florida Statutes (1975), because of a check he drew to the order of FAMU in the amount of thirty dollars ($30.00). According to court records, respondent pleaded guilty to this charge by mail, although at the hearing he had no recollection of the offense or of the disposition of the charges. Respondent did remember the six bad check charges of which he was found guilty in the spring of 1971. These cases, too, arose because he drew checks to the order of FAMU, two in the amount of forty-eight dollars ($48.00) and four in the amount of fifty-seven dollars ($57.00). These checks were all written the same quarter and delivered to individual professors at FAMU. At the time respondent wrote the 1971 checks, he knew he had insufficient funds on deposit to cover them, but he reasonably believed he would be able to cover the checks before they cleared. They all bounced and they all resulted in convictions and fines under Section 832.05, Florida Statutes (1975), half on pleas of nolo contendere and half on pleas of guilty. Respondent eventually made good on all the checks written to FAMU's order. Respondent testified that he believed the 1971 bad check proceedings had been civil, rather than criminal, at the time he filled out the application form for a type two teacher's certificate. The evidence as a whole established, however, that respondent deliberately concealed the fact of the bad check convictions. On January 22, 1976, respondent filled out an application form for employment by the City of Jacksonville On this form appears the question, "Have you ever been arrested, taken into custody, held for investigation or questioning, charged with driving while intoxicated, or charged with an offense with any law enforcing agency? (Excepting minor traffic violations)." Respondent placed and "X" in a box beside the word "YES," and amplified his answer, in pertinent part, as follows: "I wrote Fla. A&M University a check and had to make restitution." (emphasis supplied) In 1975, respondent took a leave of absence from teaching, in order to do work at the University of Florida towards a Ph.D. degree. Before he left Jacksonville for Gainesville, he rented a typewriter from McDavid Typewriter Service, paying two weeks' rent in advance. On two occasions, he called Mr. McDavid from Gainesville to assure him that he would return the typewriter, once he had retrieved it from the typist working on his dissertation. After a warrant for his arrest issued, respondent returned the typewriter on October 31, 1975, slightly more than five months after he had rented it. Respondent paid Mr. McDavid two hundred twenty-seven dollars ($227.00) for back rent and to cover the cost of fixing the carriage on the typewriter. Criminal proceedings resulted in an order, entered January 26, 1976, withholding adjudication of guilt and placing defendant on probation, upon respondent's plea of nolo contendere to an amended information charging attempted grand larceny of the typewriter. For the latter part of respondent's probationary period, he was supervised by Joe M. Kiser, a probation officer. Mr. Kiser expressed confidence in respondent, and predicted no future skirmishes with the law. Because of respondent's exemplary behavior while on probation, Judge Black terminated his probation almost four months before the date on which probation was originally scheduled to end. During the school year 1975-76, respondent worked under Mr. Nathaniel Davis, then principal at Ribault Junior High School. Respondent supervised another teacher and an aide and did a marvelous job. The students were respectful and felt respondent would listen to them. He set an excellent example for the students, while he was in their presence. He was able to improve the behavior of truants and other students who posed disciplinary problems. In the course of the school year, in Mr. Davis' opinion, respondent changed for the better because he had learned a lesson. Mr. Davis would want respondent teaching under him. Mr. Ted Montgomery, currently principal of Ribault Junior High School, met respondent on August 23, 1976, and is respondent's supervisor. Respondent counsels students who have dropped out of school or on the verge of doing so. He tries to establish links between the school and the students' homes. He is hard working and does a good job. He gives to students of his own time. Mr. Montgomery wants respondent to continue teaching under him.
Recommendation Upon consideration of the foregoing, it is recommended that respondent be reprimanded. DONE and ENTERED this 7th day of April, 1977, in Tallahassee, Florida. Hearings ROBERT T. BENTON, II Hearing Officer Division of Administrative Room 530 Carlton Building 2009 Apalachee Parkway Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Ronald C. LaFace, Esquire Post Office Box 1572 Tallahassee, Florida 32304 Mr. Haldane Taylor, Esq. 605 Florida Theatre Building 128 East Forsyth Street Jacksonville, Florida 32202 Mr. Tom Benton Professional Practices Council 319 West Jefferson Street Tallahassee, Florida 32304 ===========================================================
