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 was convicted of conspiracy to possess with intent to distribute at least five kilograms of cocaine and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.
Findings Of Fact Respondent, Frederick Dingle Charles, holds teacher's certificate number 264894, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1992. During the 1989-90 school year, respondent was employed by the Dade County School Board as a teacher at Homestead Middle School. On or about September 20, 1989, respondent was arrested and charged with conspiracy to possess with intent to distribute at least five kilograms of cocaine in the United States District Court, Southern District of Florida, Case Number 89-627-CR-Aronovitz. On October 15, 1990, he was found guilty of such charge and committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 121 months.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the teaching certificate of respondent, Frederick Dingle Charles, be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of June 1991. 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 13th day of June 1991. Copies furnished: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Frederick D. Charles # 41454-004 Metropolitan Correctional Center 15801 S.W. 137th Avenue Miami, Florida 33177 The Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
The Issue Whether the Respondent should deny of the application filed by the Petitioner seeking a Florida Educator's Certificate.
Findings Of Fact Prior to April 13, 1996, the Petitioner and Mr. Benjamin Williams had been involved in a personal relationship during which they dated for approximately eighteen months. On the evening of April 13, 1996, Mr. Williams spoke by telephone with the Petitioner about telephone calls he had been receiving in which concerns were expressed that the Petitioner's brother had the HIV virus. Later on the evening of April 13, 1996, the Petitioner went to Mr. Williams' residence located at 716 North Bronough Street, Tallahassee, Florida. Mr. Williams had not invited the Petitioner to his apartment, and she was not expected as indicated by the fact that Mr. Williams was entertaining another woman at that time. The Petitioner insisted on talking to Mr. Williams, and insinuated herself into the apartment. After entering Mr. Williams' home, an argument ensued. The testimony regarding the subsequent events is contradictory. Mr. Williams testified that he asked the Petitioner to leave his home, and she refused. Mr. Williams retrieved a container of spray deodorant from his bathroom which he sprayed on the Petitioner in an effort to make her uncomfortable and encourage her to leave his home. According to Mr. Williams, the Petitioner removed a large knife from beneath her clothing, which she held in front of her. Mr. Williams concluded that he needed to physically remove the Petitioner from his home. Mr. Williams testified that, as he was attempting to push the Petitioner through the open door and out of his home, he was cut diagonally across the forehead and under his left eye. After Mr. Williams pushed the Petitioner out the door and locked it, the Petitioner hurled a brick through the window of Mr. Williams' front door. The brick narrowly missed Mr. Williams. Both parties agree this occurred. After placing a call to 911, Mr. Williams testified he went outside where he observed the Petitioner kneeling next to the right front tire of his automobile which was parked on the street. Mr. Williams said he heard a hissing sound, and when he inspected his automobile the next day he found he had a flat front right tire. The Petitioner denies the events occurred as described by Mr. Williams. She denied cutting Mr. Williams with a knife and slashing his tire. The Petitioner testified that after she was ejected from Mr. Williams' house and was in her car, Mr. Williams pounded on her windshield and broke it. He admitted this. She said he went inside his apartment, after breaking her windshield, and she threw a brick at his door in anger and frustration. Tallahassee Police Officer Patrick Lynch responded to the 911 call placed by Mr. Williams at approximately 1:00 a.m. on April 13, 1996. Officer Lynch observed that the glass window in the front door was broken out, and that the glass was lying on Mr. Williams' living room floor. A red brick was also lying on the floor of his living room. Mr. Williams was bleeding from a cut on his face. Officer Lynch called an ambulance. The ambulance's emergency medical technicians attended to Mr. Williams. He refused their offer to transport him to the hospital. Officer Lynch later drove Mr. Williams to the hospital for evaluation. The information provided by Mr. Williams to Officer Lynch at the scene was consistent with his testimony at the formal hearing held in this cause. Upon inspection of Mr. Williams' automobile, Officer Lynch found that the right front tire had been cut and was flat. Officer Lynch did not find a knife at the scene. The Petitioner was located and arrested. The Petitioner was charged by Officer Lynch with aggravated battery, criminal mischief, and throwing a deadly missile into a building. On December 13, 1996, the State Attorney for the Second Judicial Circuit of Florida filed an amended information charging the Petitioner with the criminal offenses of Aggravated Battery with a Deadly Weapon, Throwing a Deadly Missile into a Building, and Criminal Mischief. On December 21, 1996, the Petitioner was tried by jury and found guilty of throwing a deadly missile into a building. On January 22, 1997, the Circuit Court of Leon County, Florida, entered an Order withholding adjudication of guilt and placing the defendant on probation. This Order placed the Petitioner on probation for a period of one year with multiple conditions. The Petitioner satisfied all the terms of her probation. The Petitioner has been teaching in the state's prison education system. Her students are female inmates. She has a good work record, enjoys her work, and wants to continue to teach there. On or about January 12, 1998, the Department of Education received an application for a Florida Educator's Certificate which the Petitioner signed on December 5, 1997. On the application the Petitioner indicated that she had been arrested and charged with throwing a deadly missile for which she indicated adjudication was withheld. Based upon this information, the application was forwarded to the office of Professional Practices Services. Mr. Lew Wagar, an investigator with the Professional Practices Services, contacted the Petitioner and requested certified copies of all court documents related to the reported criminal case. This request was a routine part of the application process. The Petitioner was cooperative with Mr. Wagar and provided him with certified copies of criminal records related to an earlier arrest in Tallahassee in 1989. The Respondent stipulated at hearing, however, that the 1989 incident would not constitute a basis for denial of Petitioner's application. Based upon the certified court records received concerning the 1996 arrest and criminal prosecution, the Department recommended to the Respondent that the Petitioner's application be denied. The Respondent, Commissioner of Education, accepted the recommendation of denial of the Petitioner's application. On September 9, 1998, the Respondent notified the Petitioner in writing of his decision to deny her application. A copy of the Notice of Reasons was included with the letter. The Notice of Reasons set forth the specific grounds for denial of Petitioner's application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That Petitioner's application for a Florida Educator's certificate be granted with conditions limiting her to adult education in the state's prison system. DONE AND ENTERED this 6th day of May, 1999, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Vonda Kaye Bowman 1913 Karen Lane Tallahassee, Florida 32304 J. David Holder, Esquire Post Office Box 489 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 6th day of May, 1999. DeFuniak Springs, Florida 32435 Kathleen Richards, Executive Director Education Practices Commission 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
The Issue Whether Petitioner's application for a Florida Educator's Certificate should be granted or denied for the reasons set forth in the Notice of Reasons issued by Respondent on December 13, 2010.
Findings Of Fact Based on the evidence presented at hearing, the following Findings of Fact are made: Ms. Cappi Cay Arroyo1/ was born in Boulder, Colorado, on September 16, 1964. On or about August 22, 1986, Ms. Arroyo knowingly and intentionally distributed cocaine to another person, knowing that what was distributed was cocaine or some other prohibited drug. From 1984 until in or about December 1986, she willfully and knowingly entered into an agreement to accomplish the illegal objective of the distribution of cocaine, with the intent to commit the offense of distribution of cocaine. Ms. Arroyo pled guilty pursuant to a plea agreement and was convicted of the offenses of distributing cocaine under 21 U.S.C. § 841(a)(1) and of conspiracy to distribute cocaine under 21 U.S.C. § 846 in the United States District Court for the District of Hawaii. Ms. Arroyo committed acts involving moral turpitude. On January 28, 1988, Ms. Arroyo was sentenced to two years imprisonment with a Special Parole Term of three years, with the execution of the sentence suspended and Ms. Arroyo placed on probation for a period of five years, on the condition that she pay a fine of $500.00 and serve 100 hours of community service. On April 3, 1991, Ms. Arroyo was discharged from probation. Ms. Arroyo later returned to Colorado. She attended Colorado Christian University and received her Bachelor's Degree in Computer Information Systems in 2002. She began working at Grand Junction High School in 2005 as a Library Media Specialist, where she worked until 2010. She received her Master's Degree in Educational Media in 2006 from the University of Northern Colorado. She received an Outstanding Educator for 2007 award given by the Grand Junction Area Chamber of Commerce, and was selected as the Outstanding Teacher by the students of the Class of 2009. The Ethics in Education Act, creating section 1012.315, Florida Statutes, and adding the phrase "as defined by rule of the State Board of Education" to section 1012.795(1)(d), became effective on July 1, 2008. On June 3, 2010, Ms. Arroyo submitted an on-line application for a Florida Educator's Certificate as an Educational Media Specialist. On the application, she provided her social security number and answered "Yes" to a question asking if she had ever been convicted of a criminal offense. She filled in the "Charges" block with the words "Drug Charges" and the "Disposition" block with the word "Probation." By June 9, 2010, the Bureau of Educator's Certification had received the application, the evidence of her bachelor's degree, the grades transcript, and the fee. Ms. Arroyo meets the basic requirements for licensure. She was at least 18 years of age at the time of her application; she submitted an electronically authenticated affidavit that stated she would uphold the principles incorporated in the Constitution of the United States and the Constitution of the State of Florida and that the information provided in her application was true, accurate, and complete; she documented her receipt of a bachelor's degree from an accredited institution and a master's degree; she submitted to background screening; she is of good moral character; she is competent and capable of performing the duties, functions, and responsibilities of an educator; she holds a valid professional standard teaching certificate issued by the State of Colorado, demonstrating her mastery of general knowledge, mastery of subject area knowledge, and mastery of professional preparation and education competence. The Department of Education is the state agency responsible for licensure of instructional personnel for the public schools. On or about July 7, 2010, the Bureau of Educator Certification of the Department of Education issued Ms. Arroyo an Official Statement of Status of Eligibility. This statement advised Ms. Arroyo that she was eligible for a three-year nonrenewable Temporary Certificate upon receipt by the Bureau of: 1) documentation showing verification of employment; 2) a request for issuance of certificate on the appropriate certification form from a Florida public school; and 3) results of her fingerprint processing, noting that if there was a criminal offense, her file would be referred to Professional Practices Services for further review and that issuance of her Temporary Certificate would be contingent on the results of that review. The Statement included some additional requirements for the issuance of a Florida Educator's Certificate valid for five years covering Educational Media Specialist (Prekindergarten- Grade 12). Mr. Troy Sanford, the principal at Horizon Academy at Marion Oaks, a school in the Marion County School District, interviewed Ms. Arroyo for a media specialist position at the school in August of 2010. At the end of that interview, she began to tell Mr. Sanford of her conviction, but he stopped her and told her that it was the Human Resources Department that checked into applicant's backgrounds. When Mr. Sanford later talked to the Human Resources Department, he advised them that he was recommending someone for the position who had indicated she had something in her background, and asked to be told if it would hinder her appointment. The Human Resources Department had further conversations with Mr. Sanford, telling him about a criminal conviction, but stating that because it had occurred over ten years ago, it should not be a limiting factor. Ms. Arroyo was hired at Horizon Academy and worked there during the 2010-2011 and 2011-2012 academic years as a library media specialist. Ms. Arroyo has excellent knowledge of her subject area and exhibits great enthusiasm in encouraging students to become life-long readers. Ms. Arroyo has effectively become a "co-teacher" with many of the classroom teachers and has helped them craft research projects that are meaningful to students. Horizon Academy has a high percentage of minority students, some of whom are underprivileged. Ms. Arroyo has made special efforts to get books into the hands of students who have never read a book before. She has created a culture of reading at Horizon Academy. Her efforts at her school have caused the library circulation to dramatically increase, which has had an effect on the district-wide data. Ms. Arroyo re-arranged the library to accommodate more students. Ms. Arroyo was selected as the Horizon Academy teacher of the year. Ms. Arroyo became a member of the Library of Congress Teaching with Primary Sources Mentor Program, one of only 19 educators from across the United States with such membership. Ms. Arroyo has helped children with lost or overdue books who are not permitted to withdraw books from the library by loaning them her personal books. She has purchased books from the Book Fair and given them to underprivileged students. She has given Christmas gifts to needy children who might otherwise not receive any gifts. When Ms. Arroyo came to Horizon Academy, it was a "C" school, but it is now an "A" school. The principal believes that there was a direct link between Ms. Arroyo's efforts and the improvement of the school. On October 13, 2010, the Department of Education received background check information on Ms. Arroyo from the Federal Bureau of Investigation and the Florida Department of Law Enforcement. On October 19, 2010, Ms. Arroyo's file was referred to the Bureau of Professional Practice Services for consideration of the background information regarding her conviction. On October 22, 2010, Ms. Arroyo was sent a letter from Ms. Ellie Evans, Applicant Investigator of the Bureau, advising Ms. Arroyo that her application had been referred to the Bureau of Professional Practices Services because of her criminal history, and requesting further information regarding Ms. Arroyo's conviction. On November 16, 2010, the Department received from Ms. Arroyo copies of a judgment in her criminal case, United States v. Cappi C. Eminger, Case No. CR87-01061-03, from the United States District Court for the District of Hawaii, dated January 28, 1988, consisting of three pages, and including an Order Terminating Probation Prior to Original Expiration Date in the same case filed April 8, 1991, consisting of one page. On December 13, 2010, Commissioner of Education Eric Smith sent Ms. Arroyo a letter advising her that her application for a Florida Educator's Certificate was denied, attaching a Notice of Reasons, and advising her of her right to a hearing on the intended action. Ms. Arroyo requested a formal hearing. Ms. Arroyo will be unable to pursue a career teaching students in Florida without educator certification. Ms. Arroyo is substantially affected by the intended decision to deny her certification. On or about March 23, 2011, the Bureau issued Ms. Arroyo a second Official Statement of Status of Eligibility. This statement advised Ms. Arroyo that her Colorado Teaching Certificate had been received and that she was eligible for a Florida Educator's Certificate valid for five years upon receipt of clearance to issue the certificate from the Bureau of Professional Practices Services. On or about June 8, 2011, Ms. Arroyo applied to the Florida Office of Executive Clemency for a pardon of her convictions. Ms. Arroyo also applied to the President of the United States for a pardon. On October 28, 2011, the Department received from Petitioner a notice of intent to rely on the default license provision in section 120.60(1), Florida Statutes. Although the charges of statutory violations drafted by Respondent as grounds for the denial of her application could have been crafted with more care, Petitioner was not prejudiced in preparing her defense. Hearing was held on December 6, 2011. At hearing, Petitioner testified that she did not distribute cocaine and that she did not conspire to distribute cocaine, maintaining that her guilty plea was the result of coercion and intimidation by Drug Enforcement Administration (DEA) agents. Her testimony on these points was not credible. She testified that the DEA agents took her vehicle and showed up at her house with guns. She testified that there were 33 charges in the indictment. She testified that she told the DEA agents that it was her ex-boyfriend who had distributed cocaine. She said that the DEA agents told her that she was guilty simply because she was aware of what he did, even if she did not distribute cocaine herself. Petitioner testified that she could not remember whether her attorney advised her about entering into the plea agreement. At another point in her testimony she testified that her attorney did not advise her as to the guilty plea. She was somewhat evasive during cross-examination as to her appearance before the judge when pleading guilty. She later said that she did not remember that appearance at all. She testified she did not remember the judge asking her if she knowingly and intentionally distributed 55.2 grams of cocaine. Petitioner did testify that she believed what the DEA agents had told her and signed a plea agreement that she was guilty of 2 of the 33 charges, based only upon this mistaken belief. Ms. Arroyo's testimony and selective memories about these long-ago events seemed to be shaped more by convenience than candor. Ms. Arroyo failed to prove her guilty plea resulted from threats, coercion, or fraudulent means. Despite the fact that Ms. Arroyo distributed cocaine and conspired to distribute cocaine and her selective memories and lack of credibility concerning those events, she is of good moral character. A few isolated events are not determinative of her character today. Ms. Arroyo's actions since her youthful criminal activity show a consistent pattern of personal accomplishment and public service over a very long period of time, with no evidence of any other criminal activity. Ms. Arroyo has substantially rehabilitated herself. Her receipt of several education awards demonstrates that she is a dedicated and accomplished professional. Testimony at hearing established that Ms. Arroyo exhibits a compassionate and generous attitude toward students, especially the underprivileged. On January 3, 2012, Respondent filed certified copies of records of the United States District Court for the District of Hawaii, including sentencing minutes, the indictment, a superseding indictment, sentencing memorandum, and other documents, requesting their official recognition and admission as a late-filed exhibit. The State Board of Education has not defined the term "gross immorality" by rule, and there was no evidence presented that Ms. Arroyo's behavior met any rule definition of that term.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Education Practices Commission enter a final order denying Petitioner's application for a Florida Educator's Certificate, without prejudice to her reapplication should she later become eligible. DONE AND ENTERED this 31st day of May, 2012, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD 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 31st day of May, 2012.
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
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 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
