The Issue Should the State of Florida, Education Practices Commission impose discipline against the Respondent for sexual misconduct with a student.
Findings Of Fact The Respondent held Florida Teaching Certificate No. 686332, covering the area of emotionally handicapped education, which was valid through June 30, 2002. At all times pertinent hereto, the Respondent was employed as a teacher at Bayonet Point Middle School in Pacso County School District. A.Y. was an emotionally handicapped student who had been a student of the Respondent in the 1999-2000 school year. Between June and December 2000, when A.Y. was 13 years old, the Respondent engaged in an inappropriate relationship with A.Y. This relationship included kissing, fondling, and on more than one occasion the Respondent's digital penetration of A.Y.'s vagina. On or about December 15, 2000, the Respondent was observed meeting A.Y. at a library when she got into his car and drove away. He later claimed he was counseling her. The Respondent was charged with two counts of committing lewd and lascivious acts with a minor as a result of his behavior with A.Y. On November 26, 2001, the Respondent entered a plea of guilty to both counts. The Respondent was adjudicated guilty on both counts, and sentenced to eight years in prison, followed by seven years of probation, concurrently on each charge. James Davis, the Director of Human Resources for the School Board of Pasco County where the Respondent taught, testified. Mr. Davis was a certified teacher with many years of experience and testified about professional standards and the impact of the Respondent's acts upon the school system. For a teacher to enter into a sexual relationship with a student, especially a young, emotionally handicapped student, is very harmful to the student emotionally and academically. A.Y. became defensive, and then felt guilty that she had caused the Respondent to get into trouble. Furthermore, such conduct destroys the faith the parents and other community members have in the educational system. There were articles in the newspaper about the situation which were adverse to the educational environment. The parents of A.Y. were very angry about the acts committed by the Respondent. The Respondent, when questioned by administrative staff for the Pasco School District, admitted he made an error in meeting A.Y., but denied any other inappropriate conduct.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered permanently denying the Respondent a teaching certificate. DONE AND ENTERED this 27th day of February, 2003, in Tallahassee, Leon County, Florida. 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 27th day of February, 2003. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 James C. Howard Gulf Correctional Institution 500 Ike Steele Road Wewahitchka, Florida 34655 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400
Findings Of Fact On April 23, 1980, Petitioner applied for a teaching certificate in the areas of biology, chemistry, and general science. Petitioner had been certified by the State of Florida from August 20, 1974, through 1979 in these subjects. Petitioner allowed his prior certificate to lapse in 1979 as he was not sure he wanted to continue to be a teacher. At the time he allowed his certificate to lapse, he was involved in a drug problem, which drug problem resulted in the three arrests at issue herein. Petitioner was arrested in 1977, in 1978, and in 1979 for possession of controlled substances. Each of the arrests resulted in the withholding of adjudication. None of the arrests involved the sale of drugs, and Petitioner has never sold drugs. Petitioner has not used drugs since January of 1979, the date of his last arrest, and the drug used that date was a drug prescribed for him by a doctor. Prior to this application, Petitioner had reapplied for his teaching certificate. That application was denied since Petitioner was on probation from his arrests. Petitioner has completed all of his probationary periods. During the last year and a half, Petitioner has been teaching at the Miami Shores Preparatory School. He was hired to start a science department and has been teaching seventh and eighth grade life science, ninth and tenth grade biology, eleventh and twelfth grade honors biology, and eleventh and twelfth grade honors chemistry. He is also the swimming coach and serves as a counselor for seventh and eighth graders. Since he has been teaching at Miami Shores Preparatory School, a student has written an essay about him in describing the characteristics of an ideal teacher for a literary contest. The students at Miami Shores have dedicated the school yearbook to him. He has started a program at that school for students with drug problems by enlisting the aid of persons in the drug program which he himself successfully completed. Petitioner has had no difficulty in his present teaching position. However, in order for him to continue teaching at Miami Shores Preparatory School, a Florida teaching certificate is required. He is supported in his application for a teaching certificate by the principal of that school as well as by some of the other teachers, students, and parents of students at that school. Petitioner meets all requirements for issuance of a Florida teaching certificate, and the only basis for Respondent's denial of his application involves his three arrests.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered approving Petitioner's application for a Florida Teacher's Certificate, providing that Petitioner be issued a Teacher's Certificate on a probationary basis for a period of five years, and further providing that such certificate be automatically revoked if Petitioner be arrested for possession of any controlled substance during his five-year probationary period. RECOMMENDED this 24th day of September, 1981, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings Department of Administration 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24 day of September, 1981. COPIES FURNISHED: Ronald C. LaFace, Esquire Roberts, Miller, Baggett, LaFace, Richard & Wiser Post Office Drawer 1838 Tallahassee, Florida 32302 Thomas F. Woods, Esquire Woods, Johnston & Carlson 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
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
The Issue Whether Respondent's license as a real estate salesperson in the state of Florida should be revoked, suspended or otherwise disciplined based on the allegations of misconduct alleged in the Administrative Complaint.
Findings Of Fact Upon consideration of the testimony of the witness and the documentary evidence received as evidence in this case, the following relevant findings of fact are made: At all times material to this proceeding, the Respondent was licensed as a real estate salesperson in the state of Florida, having been issued license number 0569982. Respondent was initially licensed in December 1990. The last license issued to Respondent was as a salesperson, c/o Tangerine Realty Corporation, 390 Gulf of Mexico Drive, Longboat Key, Florida 34228. Respondent is also a licensed real estate broker in the state of South Carolina, with thirteen (13) years experience, where she operates Linda McKenzie Realty Company. On or about August 24, 1992, the Respondent submitted to the Petitioner a Renewal Notice form with her signature affixed to the form requesting renewal of the Respondent's license as a real estate salesperson for the period beginning October 1, 1992. Along with license renewal request, Respondent enclosed her bank check in the sum of $53.00. Respondent's signature on the Renewal Notice (Petitioner's Exhibit 2) affirms that she had read and agreed with the statements made on the reverse side of the notice. However, it is clear that due to circumstances set out below requiring her immediate attention, the Respondent did not read the reverse side of the Renewal Notice and did not understand the significance of affixing her signature to the affirmation. In that regard, the Respondent was negligent. The reverse side of the Renewal Notice is entitled "Affirmation of Eligibility For License Renewal" and among those matters which the Petitioner affirmed is that she "met all of the requirements for license renewal, including any applicable continuing education requirements set forth by the Department and or the Professional Board indicated on the reverse side of this notice". The Department of Professional Regulation, Division of Real Estate is indicated on the front of the Renewal Notice. There is no specific reference to any statute or rule on the Renewal Notice. Apparently, this is a form utilized by all Professional Boards for which the Department is the regulatory agency. Respondent was aware at the time she signed and mailed the Renewal Notice containing the affirmation that she had not completed the required postlicensure salesperson continuing education. Respondent's license as a real estate salesperson was reissued by the Respondent prior to the September 30, 1992 expiration date with an effective date of October 1, 1992. Respondent was scheduled to take the 45 hour course necessary to complete postlicensure salesperson education during the weeks of August 14, 1992 and August 21, 1992. However Respondent had to cancel this course due to her medical condition as discussed below. Respondent was seen in Charleston, South Carolina on August 3 & 4, 1992 and diagnosed as having a tumor requiring surgery. Respondent was scheduled to be admitted to surgery for a suspected malignancy on August 17, 1992 in Charleston, South Carolina but instead obtained a second opinion in Sarasota, Florida. Emergency exploratory surgery for an ovarian tumor was performed on August 21, 1992 in Sarasota, Florida. Respondent underwent surgery on August 25, 1992 to remove a serous cystadenofibroma of the right ovary. This surgery was not of an elective nature. Prior to surgery, Respondent attempted to take care of personal matters that she felt needed immediate attention. One of those matters was the Renewal Notice. It was Respondent's understanding that she would have until September 30, 1992 (expiration date of current license) to complete any postlicensure education. Therefore, after returning from surgery Respondent enrolled in a September 11, 1992 course. Respondent was notified on September 9, 1992 that the course was cancelled. Thereafter, Respondent enrolled for the November 18, 1992 course which was cancelled on November 17, 1992. Respondent advised the Petitioner by letter dated September 16, 1992 that she had been unable to complete her postlicensure education. In this letter Respondent requested an extension of time until at least December 1992. Respondent did not receive any response from Petitioner to this request for extension. Respondent enrolled in a course to complete her postlicensure education on November 30, 1992, completed that course on December 4, 1992 and advised the Respondent of her completion by letter dated December 6, 1992. There is competent substantial evidence in the record to establish facts to show that at the time Respondent signed and mailed the Renewal Notice to Petitioner it was not Respondent's intent to give false or misleading information or to conceal the fact that she had not completed the required postlicensure educational requirements, notwithstanding the fact that her signature affirmed that she had completed the required postlicensure educational requirements. Respondent's license as a real estate salesperson in the state of Florida has never been disciplined in any fashion by the Petitioner. The public was not harmed as a result of Respondent's action.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner enter a Final Order reprimanding the Respondent. In making this recommendation, consideration has been given to the mitigating factors in relation to the disciplinary guidelines set out in Chapter 21V-24, Florida Administrative Code. Also, taken into consideration was the purpose of regulating any profession, the protection of the public by requiring compliance with those laws governing the profession. In this case, a reprimand will serve that purpose, the public has not been hurt, compliance has been accomplished and the penalty is sufficient to remind the Respondent to be more diligent in the future. Adding any further penalty, including an administrative fine, would be punitive. DONE AND ENTERED this 30th day of September, 1993, in Tallahassee, Florida. WILLIAM R. CAVE 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 30th day of September, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-1943 The following constitutes my specific rulings, pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the parties in this case. Petitioner's Proposed Findings of Fact: 1. Unnecessary. 2.-5. Adopted in substance as modified in Findings of Fact 2-15. Respondent's Proposed Findings of Fact: Respondent did not submit any proposed findings of fact. COPIES FURNISHED: Jack McRay, Acting General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 James H. Gillis, Esquire Department of Professional Regulation, Division of Real Estate Legal Section, Suite N 308 400 West Robinson Street Orlando, Florida 32801-1772 Linda B. McKenzie 343 South Washington Drive Sarasota, Florida 34236
The Issue The issues for determination in this proceeding are whether Respondent fraudulently or dishonestly completed the professional orientation program required for teachers holding two year temporary certificates and, if so, what, if any, disciplinary action should be taken against Respondent's teaching certificate.
Findings Of Fact Respondent was employed as a teacher at Hickory Tree Elementary School ("Hickory Tree") in the Osceola County School District during the 1990-1991 and 1991-1992 school years. Respondent holds Florida Teaching Certificate 684324 in psychology. Respondent's teaching certificate is a two year nonrenewable certificate. All teachers certified in Florida must complete a professional orientation program before receiving a five year professional educator certificate. Teachers who do not complete the program the first year are not entitled by right to a second year to complete the program. However, they may be granted an additional year to complete the program at the discretion of the assistant principal. Credit received by a teacher in the first year is not cumulative. A teacher who does not complete the professional orientation program in the first year must satisfy all of the requirements in the program during the second year. Respondent failed to complete the professional orientation program during the 1990-1991 school year. Respondent was granted an additional year to complete the program. There are 27 Florida Essential Generic Competencies which must be satisfied in order to complete the professional orientation program. A teacher complies with each item by submitting a written document which is kept in a portfolio during the school year and evaluated by a supervisor and the assistant principal. Item 24 requires a teacher to construct or assemble classroom tests to measure student achievement of objectives. A teacher must create his or her own test to evaluate what students learned from a lesson given by the teacher in the classroom. A teacher is not permitted to use form tests or tests prepared by other teachers to satisfy this requirement. The test must be the teacher's original work. During his first year of teaching, Respondent satisfied item 24 in the professional orientation program by submitting a test that demonstrated his competency to construct or assemble classroom tests. During the second year, however, Respondent submitted a different test. Respondent submitted a test on simple machines during his second year in the professional orientation program. The test was substantially identical to a test written by Ms. Margaret Ann Walek, another teacher at Hickory Tree at the time. Ms. Walek wrote the simple machines test in a previous year to satisfy her own professional orientation program requirement. The simple machines test was written by Ms. Walek to evaluate third grade students on concepts such as pulleys, levers, and basic functions of machines. It was created solely by Ms. Walek in her handwriting and transcribed by her mentor-teacher for the ditto master before being submitted to Ms. Walek's students. Ms. Walek used the simple machines test the following year in typed form. Respondent used a copy of the same test to satisfy item 24 in his professional orientation program. The similarity in the two tests was not detected by Respondent's supervisor or the assistant principal at the time Respondent submitted the simple machines test. Respondent received a satisfactory score for successfully completing the professional orientation program during the 1991-1992 school year. In December, 1992, the assistant principal was reviewing all of Respondent's records as a result of a charge of discrimination filed by Respondent against the assistant principal after his employment was terminated for reasons not at issue in this proceeding. The assistant principal called Ms. Walek to the office. Without knowing the purpose of the inquiry, Ms. Walek identified a copy of both the ditto version of the simple machines test and the typed version as her original work. Respondent submitted evidence during the formal hearing that the allegations against him were made in retaliation for his charge of discrimination. However, Ms. Walek is no longer employed as a teacher in the Osceola County School District. She is employed in the private sector and has no discernible secondary gain for testifying on behalf of Petitioner. Her testimony on behalf of Petitioner during the formal hearing was credible and persuasive and was corroborated by competent and substantial evidence. Respondent completed the professional orientation program and obtained his teaching certificate by fraudulent means. He converted the work of another teacher and submitted it as his own in order to complete the professional orientation program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of obtaining his teaching certificate by fraudulent and dishonest means, within the meaning of Section 231.28(1)(a) and Florida Administrative Code Rule 6B- 1.006(5)(a) and (h), and suspending Respondent's teaching certificate for two years from the date of Respondent's termination of employment. DONE AND ENTERED this 28th day of February, 1994, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 28th day of February, 1994. APPENDIX TO RECOMMENDED ORDER Petitioner's Proposed Findings of Fact All of Petitioner's proposed findings of fact are accepted in substance. Respondent's Proposed Findings of Fact Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire 411 East College Avenue Tallahassee, Florida 32301 Joseph Egan, Jr., Esquire P.O. Box 2231 Orlando, Florida 32802 Honorable Betty Castor Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether the Education Practice Commission should grant Petitioner's application for a Florida teaching certificate.
Findings Of Fact By Application for Florida Educator's Certificate filed February 22, 1995, Petitioner requested an initial two-year nonrenewal temporary teaching certificate and a two-year part-time coaching certificate. The application discloses that Petitioner was born July 24, 1960. A question on the form asks: Have you ever been convicted, found guilty, entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic accident (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? SEALED or EXPUNGED records must be reported pursuant to s.943.058, F.S. Failure to answer this question accurately could cause denial of certification. A YES OR NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. Please attach a separate sheet if you need more space. The additional information requested on the form, if the "yes" box is checked, provides spaces for the following information: "city where arrested," "State," "Charge(s)," and "Disposition(s)." In response to this question, Petitioner checked the "yes" box and filled in the three spaces provided. Petitioner disclosed that, in East Williston, New York, in 1978, he was charged with "DUI" and the disposition was "license revocation." (This would mean driver's license because Petitioner answered in the negative the next question on the form, which asks whether he had ever had a teaching certificate revoked or otherwise disciplined in another state.) Petitioner also disclosed that, in Roslyn, New York, in 1979, he was charged with "DUI" and the disposition was "license revocation." Last, Petitioner disclosed that, in Mineola, New York, in 1986, he was charged with "Disorderly-Conduct" and the disposition was "Plead Guilty/Paid Fine [and] Placed on Probation." On a separate sheet of paper attached to the February 22 application and entitled "Arrest/Revocation Record," Petitioner disclosed: In addition to the records I have provided you, I was arrested several other times around the year 1980, and I don't recall the exact dates and dispositions--they were misdemeanors for disorderly conduct, and the charges were either dismissed or reduced and a fine paid. In signing the application, which is acknowledged by a notary, Petitioner attests that "all information pertaining to this application is true, correct, and complete." By Application for Florida Educator's Certificate filed March 11, 1994, Petitioner requested only a two-year part-time coaching certificate. This application is identical to the first except in the disclosure of convictions. In the March 11 application, Petitioner disclosed the East Williston and Roslyn offenses, although the years changed to 1979 and 1980, respectively. Instead of a Mineola offense in 1986, Petitioner listed an Old Westbury offense in 1986. The Old Westbury offense was also for disorderly conduct and the disposition was a guilty plea and payment of fine, although the probation was omitted. Petitioner did not disclose on a separate sheet or otherwise the additional material disclosed on the separate sheet attached to the February 22 application. Petitioner has passed the relevant portions of the examination required of teachers and has met the conditions for issuance of a Florida teaching certificate except for issues in connection with his criminal history. By letter dated February 23, 1995, Respondent informed Petitioner that his application for a Florida teaching certificate had been denied. The letter refers to an accompanying Notice of Reasons. The Notice of Reasons recites that Petitioner filed an application for a Florida teaching certificate in March 1994. The Notice of Reasons notes that Petitioner disclosed only three of ten criminal convictions and concludes that the nondisclosures and convictions themselves constitute violations of the statutes and rules cited in the Preliminary Statement above. On February 19, 1979, Petitioner was arrested and charged with resisting arrest, driving under the influence, and operating a vehicle without a license. This and all other arrests took place in Nassau County, New York. On May 10, 1979, Petitioner pleaded guilty to, and was adjudicated guilty of, the reduced charges of disorderly conduct and driving while ability impaired by alcohol. The court sentenced Petitioner to a $500 fine, alcohol rehabilitation, and restriction of his driver's license to business and school. On September 27, 1979, Petitioner was arrested and charged with driving under the influence and two counts of criminal mischief. On July 2, 1980, Petitioner pleaded guilty to, and was adjudicated guilty of, a reduced charge of two counts of disorderly conduct. The court sentenced Petitioner to a $75 restitution payment or 10 days in jail and conditionally discharged him. On November 25, 1979, Petitioner was arrested and charged with resisting arrest and driving under the influence. The former charge was dismissed. On July 2, 1980, Petitioner pleaded guilty to, and was adjudicated guilty of, driving under the influence. The court sentenced him to a $200 fine and revocation of his driver's license. On January 12, 1982, Petitioner was arrested and charged with assault. On April 12, 1982, Petitioner pleaded guilty to the reduced charge of harassment. The court deferred disposition and conditionally discharged Petitioner pending payment of $32 restitution. On May 19, 1984, Petitioner was arrested and charged with criminal mischief. On April 1, 1985, Petitioner pleaded guilty to, and was adjudicated guilty of, the reduced charge of attempted criminal mischief. The court unconditionally discharged him. On May 26, 1985, Petitioner was arrested and charged with criminal mischief and resisting arrest. On June 12, 1986, Petitioner pleaded guilty to, and was adjudicated guilty of, the charges. The court sentenced Petitioner to three years' probation. On November 5, 1986, Petitioner was arrested and charged with harassment and resisting arrest. On December 1, 1987, Petitioner pleaded guilty to, and was adjudicated guilty of, both charges. The court conditionally released Petitioner. Petitioner is recovering from dependencies on alcohol and drugs. In 1987, he entered a rehabilitation clinic on Pine Island where he underwent a month's treatment. He then entered a halfway house in Ft. Myers for three months. He regularly attends Alcoholic Anonymous meetings and obtains counseling. Prior to obtaining treatment, Petitioner attended St. Johns University and the Berklee College of Music, evidently without obtaining any degrees. Since treatment, Petitioner obtained in 1989 an Associate Arts degree from Edison Community College in Ft. Myers and in 1992 a Bachelor of Fine Arts degree from Emerson College in Boston with a major in acting and a minor in literature. While in Boston pursuing the BFA degree, Petitioner taught writing to gifted high school students and voluntarily performed for high school students plays that Petitioner had written and produced. He also tutored inner city students in reading. In April 1994, Petitioner obtained a statement of eligibility from Respondent. This allowed him to teach for up to two years, during which time he had to apply for a temporary nonrenewable teaching certificate. In August 1994, Petitioner was employed to teach seventh grade social studies and reading at Cypress Lake Middle School in Lee County. After a month, he was transferred to the special education department where he taught students in the middle-school drop-out prevention program. While at the school, Petitioner served as an assistant coach on the girls' basketball team and the boys' baseball team. The principal of the school terminated Petitioner's contract February 21, 1995, evidently when he learned that Respondent would be denying him a Florida teaching certificate. Petitioner has since been employed as a teacher by a private school in Lee County. Petitioner relied on advice from a well-meaning friend when he filed a second application a couple of weeks after filing the first application. The friend had told Petitioner that he could apply for a coaching certificate without applying on the same application for a two-year temporary teaching certificate. The innocent filing of two separate applications generated confusion for both Petitioner and Respondent. When denying Petitioner's request for a teaching certificate, Respondent inadvertently omitted mention of the first application. Similarly, when filing the second application, Petitioner inadvertently failed to include the separate sheet that he included with the first application. However, Respondent already had the separate sheet from the first application. It would be as disingenuous for Respondent to claim lack of knowledge, as to the second application, of the disclosures contained on the separate sheet attached to the first application as it would be for Petitioner to claim that the denial of the second application is not also intended to be a denial of the first application. The adequacy of the disclosures on the separate sheet is a separate matter. The two applications refer to two of the three 1979 arrests and report sentences of revocation of driver's license. The three 1979 arrests actually resulted in convictions for disorderly conduct and driving while ability impaired by alcohol (February 1979 arrest), disorderly conduct (September 1979 arrest), and driving under the influence (November 1979 arrest). The actual sentences were, respectively: $500 fine, driving restrictions, and alcohol rehabilitation; $75 restitution; and license revocation and $200 fine. The first two disclosures do a fair job of revealing Petitioner's first three convictions, especially given the fact that they took place 15 years ago when Petitioner was 18 and 19 years old. Obviously, one arrest/conviction is missing, but it appears that the court disposed of the second and third arrests at the same time and possibly in a consolidate proceeding. This may account for Petitioner's recollection that the second and third arrests were a single case. Also, the separate sheet addresses omissions. The dates are a little off, but the first arrest was early in 1979, and the consolidated disposition of the second and third arrests was in 1980. As reported by Petitioner, the charges are roughly correct, and the dispositions suggest the seriousness of the offenses. It is hard to tell which conviction the third reported arrest signifies. After the three 1979 arrests, there were four more convictions for which Petitioner had to account. To his credit, Petitioner identified 1986 as the year of the arrest, so as not to suggest that his criminal problems were further behind him than they really were. Although none of the actual arrests or convictions is for disorderly conduct, which is what Petitioner reported on the application forms, all four of the convictions could be fairly described as disorderly conduct. The reported and actual dispositions do not preclude the possibility that Petitioner was identifying any of the four arrests. Thus, Petitioner was probably disclosing the November 1986 arrest on the application forms, and he did a reasonably complete job of doing so. The disclosure question is therefore whether the separate sheet adequately accounts for the convictions arising out of the 1982, 1984, and 1985 arrests. These arrests took place "around the year 1980," as Petitioner reported on the separate sheet. "Disorderly conduct," as stated on the separate sheet, roughly describes the nature of the offenses, although less so the nature of the arrests, which is what Petitioner claims on the separate sheet to be describing. In fact, Petitioner paid restitution of $32 once, was unconditionally discharged once, and was placed on probation once. The reported fine in each case serves as reasonable disclosure, at least where no jail time is involved. On balance, Petitioner's disclosures did more than place Respondent on inquiry notice. The disclosures were reasonably accurate and detailed. They gave a fair picture of the kind of trouble that Petitioner got into at that point in his life. Respondent's case is based on Petitioner's unfitness to teach based on his alleged dishonesty in the application process and his past criminal behavior. Once the question of dishonesty in the application process is resolved in favor of Petitioner, the remaining focus is on his behavior 9-15 years ago when he was 18-26 years old. The number of arrests and convictions is troubling. But the dispositions do not suggest offenses of extreme gravity. Petitioner is now 35 years old. He has rehabilitated himself in terms of intoxicants, as well as educationally. For many years, he has demonstrated a clear commitment to teaching and evidently is skilled in the profession. He has served his communities well and seeks to continue to do so as a teacher in Florida. Given the nature of the offenses, their age, and the age of Petitioner at the time he committed the offenses, there is no basis in the record to find that Petitioner is morally unfit to teach.
Recommendation It is RECOMMENDED that Education Practice Commission enter a final order granting Petitioner's February 1994 application for a Florida teaching and coaching certificate. ENTERED on October 6, 1995, in Tallahassee, Florida. ROBERT E. MEALE 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 on October 6, 1995. APPENDIX Rulings on Respondent's Proposed Findings 1-13: adopted or adopted in substance. 14-15: rejected as unsupported by the appropriate weight of the evidence. 16: adopted or adopted in substance. 17-18: rejected as unsupported by the appropriate weight of the evidence. 19-22: adopted or adopted in substance. 23-27: rejected as unsupported by the appropriate weight of the evidence. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 301 Fla. Education Center 325 W. Gaines St. Tallahassee, FL 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines St. Tallahassee, FL 32399-0400 Barbara J. Staros, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Attorney Jerry L. Lovelace 909 SE 47th Terrace, Suite 201 Cape Coral, FL 33904 Ronald G. Stowers Office of the General Counsel Department of Education Suite 1701, The Capitol Tallahassee, FL 32399-0400
Findings Of Fact The Respondent holds Florida teaching certificate 190841, covering the areas of elementary education and reading, which is valid through June 30, 1993. The Respondent has applied for renewal of her teaching certificate, and her renewal application is being held pending a resolution of this matter. At all times pertinent hereto, the Respondent was employed as a teacher at Seminole Middle School in the Pinellas County School District. On or about August 19, 1979, the Respondent was arrested in Sylva, North Carolina, and charged with driving while intoxicated. On or about December 20, 1979, the Respondent was convicted and her driver license was revoked for 12 months. The Respondent submitted an Application for Teacher's Certificate to the Department of Education, signed and notarized on September 7, 1982. The application included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations?" In her sworn response to the question, the Respondent answered "No." The Respondent's answer was false, in that the Respondent failed to acknowledge that she had been convicted of driving while intoxicated in 1979. The Respondent submitted an Application for Name Change and/or Duplicate Certificate to the Department of Education, signed and notarized on March 2, 1983. The application included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations?" In her sworn response to the question, the Respondent answered "No." The Respondent's answer was false, in that the Respondent failed to acknowledge that she had been convicted of driving while intoxicated in 1979. The Respondent submitted an Application for Extension of Certificate to the Department of Education, signed and notarized on March 1, 1984. The application included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations?" In her sworn response to the question, the Respondent answered "No." The Respondent's answer was false, in that the Respondent failed to acknowledge that she had convicted of driving while intoxicated in 1979. On or about February 26, 1985, a Madeira Beach Police officer observed the Respondent driving her vehicle in an erratic manner. The Respondent failed several roadside sobriety tests and refused to submit to a breathalyzer test. The Respondent was arrested and charged with driving while intoxicated. On or about April 29, 1985, the Respondent entered a plea of nolo contendere in the Pinellas County Court to the charge of driving under the influence. The court adjudicated the Respondent guilty and sentenced her to serve 12 months probation. The court further ordered the Respondent to pay a $500.00 fine, enroll in a DUI school, and revoked the Respondent's driver license for six months. On or about October 30, 1986, a Madeira Beach Police officer observed the Respondent driving her vehicle in an erratic manner. The Respondent failed several roadside sobriety tests. The Respondent's blood alcohol level was found to be in excess of the legal limit. The Respondent was arrested and charged with driving under the influence. On or about March 6, 1987, the Respondent entered a plea of guilty in the Pinellas County Court to the charge of driving under the influence. The court adjudicated the Respondent guilty and sentenced her to serve 10 days in the jail, to be served in the "Weekend/Daywatch Program", to be followed by one year of probation. The court further ordered the Respondent to enroll in DUI school, attend Alcoholics Anonymous meetings, and revoked the Respondent's driver license for 10 years. The Respondent submitted an Application for Extension of Certificate and Application for Addition and/or Upgrade to the Department of Education, signed and notarized on June 23, 1987. The applications each included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations? In her sworn response to each question, the Respondent answered "No." The Respondent's answer was false, in that the Respondent failed to acknowledge that she had been convicted of driving while intoxicated in 1979, and driving under the influence in 1985 and 1987. The Respondent submitted an Application for Educator's Certificate to the Department of Education, signed and notarized on June 13, 1988. The application included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations?" In her sworn response to the question, the Respondent answered "No." The Respondent's answer was false, in that the Respondent failed to acknowledge that she had been convicted of driving while intoxicated in 1979, and driving under the influence in 1985 and 1987. The Respondent submitted an Application for Name Change and/or Duplicate Certificate to the Department of Education, signed and notarized on February 24, 1989. The application included the question, "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation, or are there any criminal charges pending against you other than minor traffic violations?" In her sworn response to the question, the Respondent failed to acknowledge that she had been convicted of driving while intoxicated in 1979, and driving under the influence in 1985 and 1987. On or about January 5, 1993, the Respondent was observed driving a vehicle in Pinellas County, Florida while her driver license was revoked. The Respondent was arrested and charged with driving with a revoked license. On or about February 24, 1993, the Respondent entered a plead of guilty to the charge of driving with a revoked license in Pinellas County Court. The court adjudicated her guilty and ordered her to pay $500.00 in fines and court costs. The Respondent has been an effective classroom teacher for 36 years, mostly teaching sixth grade. The Respondent's evidence was that she resorted to alcohol in response to three successive traumatic events in her life: (1) the death of her husband in 1976, which required her to become independent and the sole parent of her son and four daughters and to return to graduate school to enable her to become the sole support for her family; (2) the murder of her son in 1982; and (3) the cancer death of her mother in 1986. Despite her alcohol problem, the Respondent was able to be an effective school teacher through the years and did not allow her personal problems to seriously adversely affect her work. Her last alcohol-related incident was in October, 1986. The Respondent's principal from approximately 1987 through 1992, a man named Bill Mock, had a well-deserved reputation for administering the Respondent's school through intimidation and threat of punishment. Since applications for teacher certificates routinely were processed through the school administration offices, the Respondent was afraid that the principal would learn of her DUI arrests and convictions from reading the Respondent's teacher certificate applications and that he would fire her or impose conditions on her continued employment at the school that would be intolerable for her. In order to protect her job and livelihood, and ultimately her family, the Respondent rationalized to herself that it was not necessary to disclose those arrests and convictions on her teacher certificate applications. When Mock retired at the end of the 1992/1993 school year, the Respondent reported her violations to her new school principal, and on or about March 31, 1993, received a written reprimand, but no suspension or dismissal, for her failure to acknowledge her arrests to the Department of Education. The Respondent has continued to be an effective middle school teacher. The Respondent's arrest and conviction for driving with a revoked driver license may have been "set up." Her ride to school cancelled at the last minute, leaving the Respondent without enough time to walk. She drove herself straight to school, and there was a policeman waiting for her in the school parking lot at the end of the school day. Otherwise, she did not drive with a revoked driver license. The Respondent's driver license is revoked until March, 1997, but she is eligible for a work permit upon completion of a driver education class.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission enter a final order finding the Respondent guilty as charged and suspending her teacher certificate for one year, to be served beginning at the end of the current school year. RECOMMENDED this 17th day of August, 1994, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 17th day of August, 1994. COPIES FURNISHED: Robert J. Boyd, Esquire 2121 Killarney Way Suite G Tallahassee, Florida 32308 Lawrence D. Black, Esquire 650 Seminole Boulevard Largo, Florida 34640-3625 (Copies furnished, continued) Karen B. Wilde Executive Director The Florida Education Center, Room 301 Tallahassee, Florida 32399 Jerry Moore, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
The Issue The issues in this case are whether Respondent, Caren Christine Olsen (Respondent), committed the violations alleged in an Administrative Complaint issued April 20, 2010, and, if so, the penalty that should be imposed.
Findings Of Fact Petitioner, as the Commissioner of the Florida Department of Education, is responsible to investigate and prosecute complaints against persons who hold a Florida Educational Certificate who are alleged to have violated the provisions of law related to the education profession in the State of Florida. See §§ 1012.79 and 1012.795, Fla. Stat. At all times material to the allegations of this case, Respondent held Florida Educator's Certificate No. 999159, covering mathematics, which was valid through June 30, 2010. At all times material to this case, Respondent was employed at Freedom High School in Orange County, Florida. As a secondary teacher, Respondent was required to complete ESOL training. In order to meet the ESOL requirement, on or about January 14, 2008, Respondent enrolled in an ESOL class taught by Mr. Biggs. Mr. Biggs was a district compliance specialist who was fully approved to teach the ESOL class. He required that participants in the ESOL course attend all of the class sessions. The ESOL class requirements were: attendance at the 14 sessions, pre- and post-curriculum tests, completion of a portfolio of the course, and completion of a final evaluation of the course. Although enrolled in Mr. Biggs’ class, Respondent did not attend all of the class sessions. According to Mr. Biggs, Respondent left the class after the tenth session and did not return. In addition to missing the last sessions, Respondent did not turn in the portfolio or complete the evaluation of the course. Although Respondent maintained she had completed the portfolio, Mr. Biggs did not have record of such completion. In April 2009, Respondent was required to present a certificate that verified she had completed the aforementioned ESOL class. Although Respondent presented a certificate of completion for the ESOL course to school personnel, record of the credit for such completion could not be located. Eventually, it was discovered that Respondent did not have credit for the class because she had not completed the class and had not been given a certificate of completion by the instructor (Mr. Biggs). Thus, the issue of how Respondent could present a certificate of completion when none had been issued was raised by Orange County School District personnel. In fact, the certificate presented by Respondent lacked the Orange County Public School logo. In follow-up to this discovery, Respondent’s principal initiated a formal investigation to resolve the matter. When it was determined that Respondent could not produce a valid certificate of completion for the ESOL course, Respondent’s employment with the Orange County School District was terminated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner and the Education Practices Commission enter a Final Order that suspends Respondent's teaching certificate for a period not to exceed one year. DONE AND ENTERED this 27th day of September, 2011, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 27th day of September, 2011. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 224 325 West Gaines Street Tallahassee, Florida 32399-0400 Todd P. Resavage, Esquire Brooks, LeBoeuf, Bennett, Foster and Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 Caren Christine Olsen 2429 Shelby Circle Kissimmee, Florida 34743 Lois Tepper, Interim General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
