Findings Of Fact Thomas Pelley, the Respondent, holds Florida Teaching Certificate No. 318598, Standard, Rank III, valid through June 30, 1982, covering the area of furniture repair. The Respondent was employed during the 1978-79 school year in the public schools of Orange County at the Westside Adult Center in Winter Garden, Florida, as an instructor in furniture upholstery. The then Florida Professional Practices Council received a report from officials of the Orange County School System indicating that the Respondent had allegedly misappropriated school funds to his personal use. Pursuant to Rule 6A-4.37, Florida Administrative Code, an inquiry was conducted into the matter and a report made to the Professional Practices Council which culminated in the Commissioner of Education finding probable cause to file a proceeding against the Respondent, which probable cause finding was entered on November 5, 1979. The Respondent and his students typically engaged in the repair and re- upholstery of furniture brought in by members of the public at a reduced price as part of the training program in the occupation of re-upholstery. The procedure for payment for this re-upholstery work was that the customers wrote a check after Mr. Pelley wrote a "training order" and then Mr. Pelley was to submit the customer's money to the school bookkeeper in order to requisition material for the re-upholstery work involved. At the conclusion of the job the customer would come to the school office and pay for whatever charges were left for the labor and take custody of the furniture. Mr. Pelley did not comply with that procedure, however, with regard to customers Vicki Teal, Carol Johnson, and Winifred Good. In these instances involving work done for these customers, the Respondent was paid by the customers directly. The Respondent was fully informed of the proper procedure for payment by the customers for upholstery work. Customer Vicki Teal complained on one occasion that a sofa she had left to be re-upholstered had the wrong material installed on it and that Mr. Pelley had refused to replace the materials with those that she had actually ordered. Ms. Good and Ms. Johnson similarly complained about the workmanship on the furniture they had left to be repaired. With all three of these customers, the office personnel at the school discovered that they had no record that the customers had ever ordered work to be done by the Respondent and his students, nor that they had purchased anything, until they came forward with their cancel led checks for the same. Each of the checks was endorsed by Mr. Pelley. The subject checks from these three customers totaled $515.29, the funds represented which were received by the Respondent and never turned over to officials of the school, the bookkeeper of the school nor anyone employed by the Orange County School Board for proper accounting and use. Rather, the Respondent converted all of the monies collected to his own personal use. Witness House, who worked with the Respondent at the same school and who was his superior, has had long experience in the education profession and in teaching and dealing with students. He established that such conduct is not a proper example to students and is sufficiently notorious to bring the Respondent and the education profession into public disgrace and disrespect, especially in view of the several members of the public directly involved and victimized by the Respondent's misdeeds. It should be pointed out that at the times pertinent hereto, the Respondent was in severe financial straits due to medical expenses incurred by his wife being stricken with cancer.
Recommendation Having considered the foregoing findings of fact, conclusions of law, and pleadings and arguments of counsel for the Petitioner, it is, therefore, RECOMMENDED: That Respondent be found guilty of wrongfully converting monies to his own use that rightfully belonged to the Orange County School Board, which conduct constitutes gross immorality or an act involving moral turpitude and seriously reduces the Respondent's effectiveness as an employee of the School Board; and that the Respondent's Teaching Certificate be revoked for one (1) year. DONE and ENTERED this 19th day of March, 1982, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of th Division of Administrative Hearing this 19th day of March, 1982. COPIES FURNISHED: J. David Holder, Esquire BERG AND HOLDER Post Office Box 1694 Tallahassee, Florida 32302 Mr. Thomas Pelley 149 Silver Star Road Ocoee, Florida 32761 Donald L. Griesheimer Executive Director Education Practices Commission Department of Education 125 Knott Building Tallahassee, Florida 32301
The Issue The issue is whether Petitioner is entitled to the issuance of a teacher certificate despite two convictions for driving under the influence, including one for manslaughter, and the failure to disclose on her application two teenaged offenses--one resulting in a petit theft conviction for shoplifting and one resulting in a dismissed charge for giving false information of an accident.
Findings Of Fact By application dated April 12, 1995, Petitioner applied for an Florida educator’s certificate from Respondent. By Notice of Reasons dated August 7, 1995, Respondent rejected the application. In the Notice of Reasons, Respondent stated that on July 7, 1980, Petitioner pleaded guilty to petit theft in Lee County, for which she was sentenced to six months’ probation and $221.05 in fines and costs; on September 3, 1981, Petitioner pleaded no contest to a charge of giving false information of accident, as to which the court dismissed the charge; on July 16, 1987, Petitioner drove her vehicle while intoxicated and had an accident that killed her passenger, for which she was adjudicated guilty of driving under the influence and manslaughter and sentenced to three years in jail, 12 years’ probation, counseling, 50 hours of community service, limited driving privileges, and $250 in court costs; and Petitioner submitted an application for a Florida educator’s certificate notarized on August 12, 1994, and, in responding to a question as to convictions or no-contest pleas, disclosed the DUI/manslaughter conviction, but not the conviction for petit theft and no contest plea to giving false information of accident. With leave of the administrative law judge, Respondent amended the Notice of Reasons to add the additional reason that, on July 19, 1995, Petitioner operated a motor vehicle while under the influence. On December 13, 1995, she was convicted of her second offense of driving under the influence of alcohol and sentenced to 270 days in jail, a $1000 fine, permanent revocation of her driver’s license, one year’s probation, and $230 in court costs. The Notice of Reasons states that Section 231.17(1)(c)6 requires good moral character of holders of Florida educator’s certificates. Section 231.17(5)(a) authorizes Respondent to deny an application for an educator’s certificate if he possesses evidence that the applicant has committed an act for which the Education Practices Commission would be authorized to revoke the certificate. The Notice of Reasons asserts that Petitioner has been guilty of gross immorality or moral turpitude, in violation of Section 231.28(1)(c); a conviction of a criminal charge, other than a minor traffic violation, in violation of Section 231.28(1)(e); a violation of the Principles of Professional Conduct for the Teaching Profession, as set forth in the Department of Education (DOE) rules; failure to maintain honesty in all of her professional dealings, in violation of Rule 6B-1.006(5)(a); submission of fraudulent information on documents in connection with professional activities, in violation of Rule 6B-1.006(5)(h); and making fraudulent statements or failure to disclose a material fact on her application for a professional position, in violation of Rule 6B-1.006(5)(i). Petitioner admits all of the factual assertions in the Notice of Reasons through the manslaughter conviction for driving under the influence. As to the 1994 application, Petitioner admits the basic facts, but denies that the omissions constituted the submission of fraudulent information. The question to which Petitioner responded asks: Have you ever been convicted, found guilty, or entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? . . . Failure to answer this question accurately could cause denial of certification. Petitioner also denies all allegations contained in the Notice of Reasons that she acted fraudulently. As to the petit theft, Petitioner was 18 years old at the time and living at her parents’ home, when, in June 1980, she and a friend shoplifted an item at a local department store. Her parents picked her up from the store. Petitioner pleaded guilty to the charge. The court found her guilty and sentenced her to six months’ probation and $221.05 in fines and costs. Petitioner has never been involved in a similar incident. In September 1981, when 19 years old, Petitioner pleaded no contest to the charge of giving false information of accident, and the court dismissed the charge. The record does not disclose any details concerning this charge. When preparing the 1994 application, Petitioner neglected to mention the charges from when she was in her teens because she was preoccupied with the effect of the disclosure of the much more serious matter of the DUI--manslaughter. The conviction for shoplifting and the dismissal of a charge of giving false information of accident, to which Petitioner nonetheless had pleaded guilty, are not material omissions. The failure to include such items, without evidence of some fraudulent intent, does not establish a lack of integrity on Petitioner’s part. As to the driving under the influence/manslaughter conviction, Petitioner does not contest that she was at fault for causing the death of her passenger, who was her best friend, nor that Petitioner was under the influence of alcohol at the time of the accident. Following the accident, Petitioner became involved in education efforts to prevent drunk driving, especially among younger drivers. She spoke to teenagers at various programs around Lee County and tried to increase public awareness of the devastation caused by drinking and driving. She gave up drinking for about five years. Petitioner successfully completed the Florida Teacher Certification Examination on January 22, 1994, and obtained her bachelor of arts from the University of South Florida College of Education on May 2, 1994. She completed her internship at Cape Elementary School in Lee County on May 2, 1994. From August 1994 to November 1995, Petitioner was employed at Gulf Elementary School as a specific learning disabilities (SLD) teacher under principal Martin Mesch. For the 1994-95 school year and two or three months of the 1995-96 school year, Petitioner demonstrated many of the attributes of a successful teacher. She projected a caring presence in the classroom while still maintaining a professional distance that allowed her to maintain order in the challenging setting of an SLD classroom. She volunteered for the Young Writers’ Program and went out of her way to reach out to children from poorer families. She was an active part of the school, where her two children also attended. Mr. Mesch opined that Petitioner’s past problems have not affected her ability to teach and would recommend to the School Board that she return to teach at his school. Aware of the details that contribute to effective teaching, Mr. Mesch immerses himself in the teaching that takes place at his school and appears to be a keen judge of teaching talent. In his opinion, Petitioner is an extraordinary teacher, whose problems, if known to parents and students, would not impair her effectiveness as a teacher. Mr. Mesch, who has served as principal or assistant principal at Gulf Elementary School for 15 years, also understands the community that his school serves. He is aware of local community values, and he emphasizes that good moral character and teacher effectiveness are based on the totality of the circumstances, not on isolated facts. Petitioner’s tenure at Mr. Mesch’s school ended when she resigned in November 1995 to begin serving her sentence due to the second DUI charge. She resigned at Mr. Mesch’s sensible suggestion, in order to spare the school, herself, and her children adverse publicity. She served more than 200 days in jail from December 1995 to July 1996. Petitioner disputes the underlying facts of the 1995 arrest and conviction for the second DUI offense. Although the law enforcement officer at the scene may have confused some of the details of the incident, Petitioner has not shown that she was not driving under the influence of alcohol and has not successfully mitigated the effects of the second conviction. Petitioner admits that she had consumed an alcoholic beverage a couple of hours prior to when she was stopped. Petitioner declined a breathalyzer test without a witness present, claiming that she did not trust the arresting officer or presumably the officer who would have administered the breathalyzer test. If she had not been drinking excessively, Petitioner made a bad choice when she declined to take the breathalyzer test. More likely, she made the bad choice a few minutes earlier when she decided to drive her car after drinking more than the single drink to which she admits. Since the 1995 arrest in July, Petitioner has abstained from the use of alcohol and enrolled in Alcoholics Anonymous. Petitioner has continued with treatment, last having been treated by a therapist with Southwest Florida Addiction Services in December 1996, when she successfully completed its program. Petitioner suffers from the illnesses of alcohol abuse and bipolar disorder, but, provided she continues to receive counseling as needed, these conditions do not impair her effectiveness as a teacher. In his proposed recommended order, Respondent does not seek permanent denial of the application, but asks that the application be denied for a period of ten years. In her proposed recommended order, Petitioner asks for the immediate issuance of her educator’s certificate subject to restrictions, such as random testing, continued counseling, and probation. There is no evidence whatsoever to suggest that Petitioner abused alcohol during the school day. The evidence conflicts as to whether she can ever regain her driving privileges; Petitioner testified that she believes that she can. The evidence does not suggest that Petitioner has lost her effectiveness in the classroom or that she has been guilty of moral turpitude in the omissions from the 1994 application or the two convictions for driving under the influence, including the first one for manslaughter. The main issue in this case is to determine the effect of two convictions for driving under the influence--eight years apart--where the first one resulted in the death of another person. It is difficult to reconcile Petitioner’s expressions of remorse and edification resulting from the first incident with the occurrence of the second incident, even if the second incident were no more than driving after consuming a single drink--though, more likely, it was more than one drink. On the other hand, Mr. Mesch is a strong witness on Petitioner’s behalf. He works daily in the elementary school setting where Petitioner would likely return to work, if she were to receive her educator’s certificate. And Mr. Mesch displays no reservations about returning Petitioner to the classroom. In effect, by not introducing expert testimony to counter Mr. Mesch’s testimony, Respondent relies solely on the inference that two convictions for driving under the influence--with the former conviction also involving manslaughter--ought to suffice to deny Petitioner her certificate for ten years.
Recommendation It is RECOMMENDED that the Department of Education enter a final order granting Petitioner an educator’s certificate, effective one year from the date that the final order becomes final and subject to the following restrictions: Petitioner shall never operate a motor vehicle on the campus of a primary or secondary private or public school in Florida, including in transporting her children to school; Petitioner, in her capacity as a teacher, shall never transport any schoolchildren, except her own children, to or from school or on any school trips; Petitioner shall obtain addiction and behavioral counseling, whenever and for as long as or as frequently determined by the counselor to be needed; and another conviction for driving under the influence shall result in the permanent revocation of her certificate. ENTERED in Tallahassee, Florida, on June 4, 1997. ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings on June 4, 1997. COPIES FURNISHED: Frank T. Brogan Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Michael H. Olenick General Counsel Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 John J. Chamblee, Jr. Law Offices of John J. Chamblee, Jr. 202 Cardy Street Tampa, Florida 33606 Attorney Bruce P. Taylor 501 First Avenue North, Suite 600 St. Petersburg, Florida 33701
The Issue The issue presented here concerns the question of the entitlement of Petitioner to be granted certification as a law enforcement officer under the provisions of Section 943.13, Florida Statutes, and Chapter 11B-16, Florida Administrative Code. In particular, the matter to' be determined deals with the propriety of the denial of certification based upon the belief on the part of the Respondent that Petitioner does not have the requisite good moral character necessary for certification. See Subsection 943.13(7), Florida Statutes.
Findings Of Fact The Sheriff's Office of Jacksonville, Duval County, Florida, had submitted an Affidavit of Certification for Petitioner Harold B. Walbey, Jr. In response to that affidavit, the Criminal Justice Standards and Training Commission issued a Statement of Denial, a copy of which may be found as Respondent's Exhibit No. 1, admitted into evidence. The basis of denial was related to the belief that Petitioner did not evidence the requisite good moral character required for certification. See Subsection 943.13(7), Florida Statutes. In particular, the denial related to a series of events leading to the revocation of Petitioner's Florida Teaching Certificate by order of the State Board of Education entered on October 12, 1979. Respondent's Exhibit No. 2 is a copy of that order of revocation together with the Recommended Order of the Hearing Officer, Division of Administrative Hearings. The revocation of the teacher's license was premised upon a conclusion of law that Petitioner had committed acts of gross immorality and moral turpitude in his relationship with junior high school female students in the school in which he taught. Those acts had sexual connotations. It was also determined in law that Respondent had lost his effectiveness as a teacher in view of the underlying circumstances. Petitioner took issue with the denial of his law enforcement certificate and requested a formal Subsection 120.57(1), Florida Statutes, hearing. The matter was then referred to the Division of Administrative Hearings and a hearing was held on October 8, 1982, in Jacksonville, Florida. On November 2, 1981, Petitioner was employed as a temporary or probationary employee of the Sheriff's Office, in Jacksonville, Duval County, Florida, in the position of Correctional Officer at the County Prison Farm and remains in that employment at this time. Duties of the Petitioner would include floor assignment, medication, food, preparation for commitment, booking, releasing and other functions. Among those other functions Petitioner transports female inmates, by motor vehicle, with no other law enforcement official or other person in attendance. These trips in which Petitioner has custody and control over female inmates are infrequent. Officials within the Duval County Sheriff's Office who presented Petitioner's Affidavit of Certification maintain a neutral posture on the question of his certification and have vouched for Petitioner to the extent necessary to elicit a final decision from Respondent on the question of certification. The chief personnel officer for the Duval County Sheriff's Office feels that the Petitioner would make a good employee if he has become sufficiently rehabilitated following the incidents which led to the revocation of his Florida Teaching Certificate. Petitioner is well accepted by his superiors in his capacity as Correctional Officer and has received acceptable performance evaluations. Petitioner has been married three (3) times and is the father of twelve (12) children, none of which reside with him. He is responsible for furnishing support to his children. Petitioner holds a BS degree from Edward Waters College and a Masters degree from Florida A & M University. He has served in the military, both in the Air Force and the Army National Guard. Walbey is now forty-five (45) years of age. Testimony from community leaders and neighbors and acquaintances of Petitioner show him to be a person deemed to be reputable and hard working and a fine neighbor. No testimony was offered related to efforts which Petitioner had made in trying to effect his rehabilitation through professional assistance on the topic of those matters which caused him to lose his teaching certificate or opportunities in which Petitioner had conducted himself with proper decorum when in the presence of young women following that disciplinary action. Petitioner did not concede the facts of those incidents leading to the revocation as a part of his presentation.
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.262(6) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Amended Administrative Complaint, dated May 19, 1993, in violation of Sections 231.28(1), Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact The Respondent holds Florida Teaching Certificate No. 454394, covering the areas of Elementary Education, Junior High School Science, and Administration and Supervision, which is valid through June 30, 1994. At all times pertinent to the allegations in this case, Respondent was employed as a teacher at Lake Mary Elementary School in the Seminole County School District. On or about March 14, 1988, Respondent was arrested in Volusia County, Florida, and charged with Sexual Activity with a Child by a Person in Familial or Custodial Authority and Committing a Lewd and Lascivious Act in the Presence of a Child. A Felony Arrest Warrant for Respondent was issued by the Circuit Court of Volusia County, dated March 11, 1988. An Information was thereupon filed against Respondent in the case of State of Florida v. Larry O. Williams, Case No. 88-17776, and it charged Respondent with two (2) offenses: Count I: Sexual Activity with a Child by a Person in Familial or Custodial Authority, and Count II: Committing a Lewd and Lascivious Act in the Presence of a Child. The state issued a Nolle Prosequi to the charge of Sexual Activity with a Child. Respondent entered a plea of Nolo Contendere to the lesser included charge in Count II of Attempted Lewd or Lascivious Act in the Presence of a Child, a third degree felony. On or about April 16, 1990, Respondent was adjudicated guilty of Attempted Lewd or Lascivious Act in the Presence of a Child by the circuit court. He was sentenced to serve three (3) years probation, pay $41.00 per month for the cost of supervision, pay $225.00 in court costs and fines, and successfully complete sexual offender counseling. He was also ordered to have no further contact with the victim or any other individuals involved in the case. Detective Diana Floyd, with the Edgewater Police Department, was one of the detectives who assisted in the investigation of Respondent. The victim of the criminal activity by Respondent was Kristina Adkins. Detective Diana Floyd interviewed Kristina Adkins as part of her investigation on March 9, 1988. or about March 15, 1988, the Respondent was suspended with pay by the Seminole County Superintendent of Schools, Robert W. Hughes. On or about March 24, 1988, the Respondent was suspended without pay by the School Board of Seminole County. Respondent was on an annual contract, and his contract called for a renewal each year. The School Board, on or about March 24, 1988, decided not to renew his contract for the following school year. During the 1987-1988 school year, Naomi Whitker was a fifth grade student at Lake Mary Elementary School, and was frequently in Respondent's classroom because her best friend, Cristie Braddy, was a student in Respondent's class. At that time, Naomi Whitker was ten years of age. Naomi Whitker and Cristie Braddy would regularly assist in Respondent's classroom, generally after school. On a regular basis, Respondent would touch Naomi Whitker's buttocks and hug her while she was in his classroom. This occurred during the 1987-1988 school year at Lake Mary Elementary School. The student would put her arms around Respondent's waist, and he would put his hands around her back and then move them slowly down until he touched her buttocks. Naomi Whitker did not think that it was right for a teacher to touch her in that way, and she felt uncomfortable and confused. A similar incident occurred when Respondent hugged Naomi and grabbed her buttocks as he was dropping the two girls off after taking them to dance class. On one occasion in late February or early March, 1988, Naomi was hanging up something on Respondent's classroom wall, and was standing on a chair. Respondent came over, reached under her clothing, and put his hands on her stomach while he was holding her. As a result of this touching of Naomi's stomach, she turned and ran out of the class. She felt afraid, angry, and embarrassed. She did not tell him to stop, but was so afraid that she ran out of the room. On another occasion, Respondent invited Naomi Whitker, Cristie Braddy, and another girl out during the 1987-1988 school year to Monday night skate night, and to Show Biz Pizza thereafter. Respondent paid for the entire evening. As they were driving Respondent asked Cristie if she had any underwear on. Respondent also told Cristie that he was not wearing any underwear either. Cristie Braddy, a student in Respondent's fifth grade class at Lake Mary Elementary School in the 1987-1988 school year, and best friend of Naomi Whitker at that time, was touched by Respondent. He would rub Cristie's back and stomach and then go down to her buttocks. He would also rub her shoulders. Respondent also touched Cristie Braddy outside of the classroom, specifically at Show Biz Pizza, where he touched her back and shoulders. Also on a school sponsored camping trip he rubbed Cristie Braddy and touched her on the outside of her clothes, when he touched her back and shoulders, but on the inside when he touched her stomach. The touching of Cristie Braddy by Respondent occurred during the entire 1987-1988 school year, and was not an isolated incident. It occurred on a daily basis. On separate occasions, Respondent asked Naomi Whitker and Cristie Braddy to come over to his apartment, and help clean it. However, they declined. On another occasion, Respondent gave Naomi Whitker and Cristie Braddy a silver ring which said "love" on it. In handing the ring to Naomi and Cristie, Respondent said that he wanted them to have it because "I love you". Also during the 1987-1988 school year at Lake Mary Elementary School, Respondent invited Naomi Whitker and Cristie Braddy to the beach or to the mall with him, but they did not go with him. Respondent made inappropriate comments to students in his classroom. For example, he would talk about how he and his wife got divorced because she would not have sex with him. He would also look at Naomi, and say that she needed to shave her legs, or that she was in a bad mood because she was beginning her period. He would also ask about whether the girls were kissing boys. On another occasion in Respondent's fifth grade classroom at Lake Mary Elementary School, Cristie Braddy was sitting in the teacher's chair. Respondent came up from behind her and sat on the chair directly behind her with his legs spread around her. Cristie Braddy quickly jumped out of the chair and went to a different part of the room. Monica Graham, a student in Respondent's fifth grade elementary class at Lake Mary Elementary School in the 1987-1988 school year, was also touched by Respondent. Respondent touched Monica Graham inappropriately on the shoulders and buttocks on the outside of her clothing, and on one occasion, he pinched her buttocks. Monica Graham, as a result of the touching by Respondent, felt weird and embarrassed because he did it to her in front of the other students. She was also angry and hurt by Respondent touching her. On the same camping trip that Christie Braddy and Monica Graham attended, Respondent, who was a chaperon, told the girls on the camping trip that if they got scared at night, they could come sleep in his tent. Respondent invited Monica Graham to go swimming at his house, and one night asked if she wanted to come over and eat dinner with him. Monica Graham did not go because she told her parents, and they said it was inappropriate. Respondent gave Monica Graham his home phone number. He told Monica it was for help in homework, but when she called, he did not talk about homework. Tiffany Gormly, a fifth grade student in Respondent's fifth grade elementary school class at Lake Mary Elementary School during the 1987-1988 school year, was touched by Respondent. Respondent rubbed her shoulders, and tried to hold her hand. When Respondent tried to hold Tiffany Gormly's hand, she kicked him. As a result of Respondent's touching Tiffany Gormly, she felt uncomfortable and embarrassed. There were other students in front of her when Respondent rubbed her shoulders. She was angry, and told Respondent to stop. Respondent also invited Tiffany Gormly to come to his apartment and go swimming. It bothered her, and she did not go. On occasion, Respondent would look under the long table where students sat, as they watched movies in his classroom, and would try to look up the dresses of the girls.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Larry O. Williams is not guilty of violating the provisions of Sections 231.28(1)(c), Florida Statutes; but is guilty of violating Section 231.28(1)(e), Florida Statutes, for having been convicted of a felony; and is guilty of violating Sections 231.28(1)(f) and (h), Florida Statutes, and Rule 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, due to his inappropriate touching and conduct with four of his students. It is further RECOMMENDED that a Final Order be issued revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 24th day of November, 1993, in Tallahassee, Leon County, 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 24th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2215 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 6, 7 (in part), 8 (in part), 9, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 74, 75, 76, 86, 87, 88, 89, 90, 91, 92, 93, 96, 98, 99, 102, 103, 104, 105, 107, 111, 114, 116, 117. Rejected as hearsay: paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 43. Rejected as irrelevant or subsumed: paragraphs 7(in part), 8 (in part), 20, 38, 39, 40, 41, 45, 55, 63, 67, 70, 71, 77, 78, 79, 90, 81, 82, 83, 84, 85, 94, 95, 97, 100, 101, 106, 108, 109, 110, 112, 113, 115. Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Larry O. Williams 403 North Monroe Street Versailles, Missouri 65084 Sydney H. McKenzie General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact Based upon the evidence submitted, the following facts are determined: On August 29, 1979, John A. Hall filed with the DEPARTMENT an application for a Florida teaching certificate. Official records indicate that HALL was convicted and found guilty of assault to commit murder in the second degree on November 19, 1970. He was sentenced to 13 1/2 years in the State Prison, and released on a two-year parole in 1977. (R.E. 1.) On January 4, 1980, HALL was employed as a substitute teacher at Beasley Middle School in Palatka, Florida. The only qualifications for being employed as a substitute teacher in Putnam County are that the individual be of age and hold a high school diploma. At his request, HALL's name had been placed on the Beasley Middle School list of available substitutes although it does not appear that anyone at the school was acquainted with him. (Testimony of Meredith Barker.) On January 4, 1980, Harry Willis was a 13-year-old student in the seventh grade math class where HALL was assigned as a substitute teacher. HALL saw him in the back of the room, told him to go to his seat, and pushed him into his chair. When the bell rang, Harry got up and tried to go out the door. HALL told him he wasn't going anywhere, pushed him back, and struck him in the jaw with his fist. Harry pleaded with him to let him go and, finally, pushed him out of the way as he rushed to the principal's office. It took several hours for Harry, with the support of the principal and assistant principal, to regain his composure; he was visibly shaken by the incident. He had never been a disciplinary problem at the school. (Testimony of Ivey, Barker, Lamoreaux). HALL was directed to report to the office of the school principal, Meredith Barker. There, he admitted striking Harry, but defended it was necessary to "uphold discipline." He said he wanted to apologize to Harry and return to his class. Ms. Barker, however, dismissed HALL, telling him to gather his belongings and leave the school grounds. HALL's effectiveness as a teacher at Beasley Middle School has been seriously reduced due to the notoriety of the incident and the expressed desire by parents that he not be allowed to teach there again. (Testimony of Barker.) Immediately prior to the opening of hearing, HALL informed counsel for the DEPARTMENT that the hearing could be cancelled since he was withdrawing his application for a teaching certificate; HALL then abruptly left the hearing room. However, since HALL's statement was not made in writing or on the record, Respondent asserted that the application remained in effect and requested that the hearing be conducted, as scheduled.
Conclusions Petitioner failed to establish entitlement to the requested teaching certificate; moreover, the Respondent Department established two grounds for denial of Petitioner's application: (1) his conviction of a felony, and (2) his having engaged in personal conduct which seriously reduces his effectiveness as an employee of the school board. Petitioner's application for a teaching certificate should, therefore, be DENIED.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That John A. Hall's application for a Florida teaching certificate be DENIED. DONE AND ORDERED this 20th day of November, 1980, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1980.
