Findings Of Fact The parties have stipulated that the Respondent holds Florida teaching certificate 309730, covering the area of guidance which is valid through June 30, 1994. William J. Stewart is now and has been continuously employed as a guidance counselor at New Smyrna Beach High School, in Volusia County, Florida for the past 19 years. The parties further stipulated that Petitioner's Exhibit Number 1 (PE- 1) is a true and accurate copy certified by the Clerk of the District Court within and for Brazoria County, Texas (the original certified court documents are in the Division of Administrative Hearings file). (TR 21-23). 3/ PE-1 was excluded from the record because it was considered irrelevant; however, the Petitioner was permitted to make a proffer. See, Holland v. Florida Real Estate Commission, 352 So.2d 914 (1st DCA 1977), and Rifkin v. Florida Real Estate Commission, 345 So.2d 349 (1st DCA 1977). In order to prevent the necessity of a remand should an appellate court determine that PE-1 was improperly excluded under Ayala, the proffer was considered as establishing that the Respondent entered a plea of nolo contendere and that the court deferred adjudication. The testimony of the Respondent, which was in response to the proffer of PE-1, shows that he entered a plea of nolo contendere to a charge of indecency with a child by contact in the District Court of Brazoria County, Texas in the case of State of Texas v. William J. Stewart, Cause No. 16,759, on July 28, 1989 as a matter of convenience to resolve charges based upon the complaint of his ex-wife which had been pending for several years in Texas. In was easier for the Respondent to enter the plea and accept the adjudication deferred that it would have been to litigate the case in Texas. (TR 25-26) The Respondent denied any wrongdoing. His credible testimony was unrebutted.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore RECOMMENDED that the charges contained in the Amended Administrative Complaint Number 89318-D, dated November 15, 1990, against William J. Stewart, be dismissed. DONE and ENTERED this 15th day of May, 1991, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of May, 1990.
Conclusions This matter is before Florida A&M University Board of Trustees (hereinafter “FAMU” or “Respondent”) for final agency action. Pursuant to FAMU Regulation 10.206, Petitioner requested a formal administrative hearing on or about August 4, 2011. Petitioner's request for administrative hearing was referred to the Division of Administrative Hearings (hereinafter “DOAH”) on August 8, 2011. The Administrative Law Judge assigned to review the matter scheduled a disputed-fact hearing for October 26 through 28, 2011. On August 28, 2011, Petitioner submitted her Withdrawal for Request for Formal Administrative Hearing. By Order entered August 29, 2011, DOAH closed its file and relinquished jurisdiction to FAMU. Accordingly, it is hereby ORDERED and ADJUDGED that the Petition for Formal Administrative Hearing in this matter is dismissed in its entirety. Filed August 31, 2011 4:27 PM Division of Administrative Hearings St day of August, 2011. ames H. Ammons President Florida A&M University Suite 400, Lee Hall Tallahassee, Florida 32307 (850) 599-3225 DONE and ORDERED this 2! Filed with the Agency this 3]? "day of August, 2011. Aig \eAaddes Abigaji V. Raddar Agency Clerk
Other Judicial Opinions A party who is adversely by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a notice of appeal with the Agency Clerk, Office of the General Counsel, Lee Hall, Suite 300, Tallahassee, Florida 32307, and a second copy, accompanied by filing fees prescribed by law, with the First District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days of the date this Final Order is filed with the Agency Clerk. Copies to: Jennifer Smith, Petitioner Cynthia Hughes Harris, Provost and Vice President, Academic Affairs LeRoy Pernell, Dean, College of Law Nellie C. Woodruff, Assistant Vice President, Human Resources Claudia Llado, DOAH Agency Clerk Robert E. Larkin, Ill, Esquire Jason E. Vail, Esquire Avery D. McKnight, Esquire
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that with the exception of Item (7)(a) previously agreed upon by the parties, Respondent repay all costs recommended for disallowance in Petitioner's Final Determination dated November 24, 1982. DONE and ENTERED this 22nd day of March, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 22nd day of March, 1982.
Conclusions This matter is before Florida Agricultural and Mechanical University Board of Trustees (“FAMU,” “Respondent,” or the “University”) for final agency action. Robert E. Nixon, Petitioner, was previously employed by the University as Director of the FAMU Institute on Urban Policy and Commerce. (“Institute”) On or about July 1, 2010, the Grand Jury for the United States District Court for the Northern District of Florida, Tallahassee Division, issued an indictment against Petitioner alleging certain criminal violations as more fully set-forth in Respondent's Exhibit 1, attached hereto. As a result of the said indictment, the University, on July 8, 2010, immediately severed its employment relationship with Petitioner. (See Exhibit 1) Petitioner requested a review of the University’s action, and the matter was referred to the Division of Administrative Hearings. (“DOAH”) The cause was initially set for hearing commencing January 18, 2011, but was continued pending the outcome of Petitioner’s federal trial. On November 12, 2010, Petitioner was convicted on all counts. (Respondent’s Exhibit 2) By Order entered January 11, 2011, the file at DOAH was closed and jurisdiction was relinquished to the University. Accordingly, it is hereby ORDERED and ADJUDGED that the July 8, 2010 termination of Petitioner is hereby ratified. — apth DONE and ORDERED this 20 day of June, 2011. ‘s H. Ammons President iferinse H Aaron Filed with FAMU this day of June, 2011. Abigail VC Rdddar ail V. Raddar FAMU Clerk
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a notice of appeal with the Clerk of Florida Agricultural and Mechanical University Board of Trustees, Office of the General Counsel, Lee Hall, Suite 300, Tallahassee, Florida 32307, and a second copy, accompanied by filing fees prescribed by law, with the First District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days of rendition of this Final Order. Copy: Cynthia Hughes Harris, Provost and Vice President for Academic Affairs Avery D. McKnight, Genera] Counsel Nellie C. Woodruff, Associate Vice President, Human Resources Claudia Llado, DOAH Clerk Robert E. Nixon, c/o Gary Roberts, Esq., 130 Salem Court, Tallahassee, FL 32301
Conclusions This matter is before Florida Agricultural and Mechanical University Board of Trustees for final agency action. By letter dated August 8, 2011, Chanta Haywood, Petitioner, was notified by the University that her terminal leave payment would not be paid and that restitution in the amount of $5,315.72 was owed to the University. Pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Rule 28-106, Florida Administrative Code, Petitioner requested a disputed-fact hearing to protest the denial of terminal leave payment and restitution and the cause was referred to the Division of Administrative Hearings (DOAH) on or about October 4, 2011. The Administrative Law Judge assigned to review the matter scheduled a disputed-fact hearing for December 8, 2011. On or about December 6, 2011, Petitioner filed a Notice of Settlement with DOAH. By Order entered December 8, 2011, DOAH closed its file and relinquished jurisdiction to the University. Accordingly, it is hereby Ordered and Adjudged that terminal leave in the amount of $29,209.57 and $6,500.00 for attorney's fees due Petitioner in compliance with the Settlement Agreement, which is attached, has been satisfied by Respondent and further that the instant matter is closed. ORDERED and ADJUDGED this IT say of January, 2012. ge H. Ammons President Filed with the Agency this | ] day of January, 2012. ddar Abigaif V. Raddar Agency Clerk
Other Judicial Opinions Petitioner may seek judicial review of this Final Order pursuant to Florida Rule of Appellate Procedure 9.190, applicable to review of quasi-judicial decisions of an administrative body not subject to the Administrative Procedure Act, by filing a petition for certiorari review within thirty (30) days of the date this Final Order is filed with the Agency Clerk. Copy: Cynthia Hughes Harris, Provost and Vice President for Academic Affairs Nellie C. Woodruff, Assistant Vice President, Human Resources Claudia Llado, DOAH Clerk Avery D. McKnight, Esq. Bruce R. Meeks, Esq. Robert E. Larkin, Ill, Esq.
