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 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 issues for consideration in this above-styled cause are as follows: Whether Respondent's actions of alleged misconduct are in violation of Section 231.28(1)(c), Florida Statutes, and constitute gross immorality or an act involving moral turpitude. Whether the allegations of misconduct involving Respondent are in violation of Section 231.28(1)(f), Florida Statutes, thereby seriously reducing his effectiveness as an employee of the school board. Whether Respondent knowingly testified falsely while under oath, and if so, whether such conduct would be a violation of Section 231.28(1)(i), Florida Statutes, and the Principles of Professional Conduct for the education profession provided by the State Board of Education rules, by failing to maintain honesty in all professional dealings.
Findings Of Fact Petitioner, Tom Gallagher, as Commissioner of Education, is the state entity responsible for providing public, primary, secondary and adult education teaching certification in Marion County and throughout the State of Florida. Consistent with this responsibility, certified teachers are hired by each individual county for classroom direction and administrative activity. Respondent, Barrett W. Purvis, has been employed in the Marion County School system for five years. He holds Florida Educators Certificate 717483 covering the area of physical education. During the 1997-1998 school year, Respondent was employed as a basketball coach at Dunnellon High School located in Dunnellon, Florida. Ten years ago, in October 1990, Respondent, Barrett W. Purvis, was cited for driving under the influence of alcohol in Mississippi. He pled guilty to the offense and was fined $250.00. On or about June 10, 1994, Respondent was involved in an altercation wherein the daughter of the Sheriff of Dixie County was being harassed by a group of individuals. Respondent became involved in the altercation and acted in defense of both himself and the Sheriff's daughter. Respondent explained his involvement in the cause before the County Court at the time of his arraignment, and on June 30, 1994, the County Court dismissed the charge against him. On or about the evening of May 9, 1998, Respondent and his fiancée, along with other individuals attended a local dance club located in Ocala, Marion County, Florida. As a result of an argument between Respondent and his fiancée, Ocala Police were dispatched to the scene. According to various witnesses, Respondent had pushed or slapped his fiancée after being repeatedly punched by her. Pursuant to procedure, Respondent was arrested for Domestic Violence. While being placed in the patrol car, the taller Respondent's head came in contact with the shorter officer's head. There was conflicting testimony as to whether the collision was intentional, yet no injuries nor marks resulted on either man's head. Respondent was immediately pepper sprayed, knocked to the ground, and arrested for Battery on a Law Enforcement Officer. Respondent was taken to the Marion County Jail, where he was released the next day. Respondent was charged by the Office of the State Attorney with Battery on a Law Enforcement Officer, Domestic Violence Battery, and Resisting Arrest with Violence. Subsequently, the Office of the State Attorney reduced the charges to Resisting Arrest Without Violence, Battery on a Law Enforcement Officer and dismissed the charge of Domestic Violence Battery. Respondent was tried on March 18, 1999, and after a short jury deliberation, he was acquitted of all charges. During the course of Respondent's criminal trial which stemmed from the incident at the dance club, Respondent testified that he did not receive medical treatment at the scene but had to treat himself at the County Jail. The evidence introduced at the Criminal Trial is unclear as to the extent, if any, that the Respondent received medical treatment. It is clear, however, that the Respondent believed that he had not received medical attention and was not attempting to be dishonest or mislead the jury. During the course of Respondent's criminal trial stemming from that same incident, Respondent unintentionally misrepresented his prior criminal record to the jury. In fact, he had been previously arrested. In addition to the fact that the misrepresentation was an insignificant reference and not in response to a question elicited by counsel for Respondent or the prosecutor, the Respondent was unaware that the Driving Under the Influence charge he received ten years ago was a criminal charge, but believed it was a traffic charge. Moreover, since the 1994 Criminal Mischief charge was dismissed, his benign representation of a lack of a prior arrest record to the jury was intended to be truthful and not misleading. Respondent has received satisfactory evaluations throughout his career in Marion County, and has no record of disciplinary problems throughout his employment. There is insufficient evidence in the record to support a factual finding that Respondent committed an act of gross immorality or an act involving moral turpitude. There is insufficient evidence in the record to support a factual finding that Respondent committed an act which seriously reduces his effectiveness as an employee of the School Board. There is insufficient evidence in the record to support a factual finding that Respondent violated the Principles of Professional Conduct for the Education Profession provided by the State Board of Education Rules, in failing to maintain honesty in all professional dealings.
Recommendation It is hereby RECOMMENDED that the Department of Education, Education Practices Commission enter its final order that the counts and allegations of misconduct as set forth in the Amended Administrative Complaint be dismissed, and his teaching certificate be reinstated to current good standing. DONE AND ENTERED this 6th day of December, 2000, in Tallahassee, Leon County, Florida. WILLIAM R. PFEIFFER 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 December, 2000. COPIES FURNISHED: Steven G. Burton, Esquire Robert E. Sickles, Esquire Broad & Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33602-3310 Philip R. Pignataro 11419 Stoneybrook Path Port Richey, Florida 34668 Kathleen M. Richards, Executive Director Department of Education, Education Practices Commission Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Mark D. Shelnutt, Esquire 421 South Pine Avenue Ocala, Florida 34474-4175 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
Findings Of Fact At relevant times to this inquiry Respondent has held the teaching certificate number 664911 in the area of substitute teacher issued by the Petitioner. In the case of the State of Florida v. Robert Ray Stone, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida in and for Marion County, Case Number 90-1630-CF-A-W, Respondent was charged with two counts of vehicular homicide, a single count of leaving the scene of an accident in which a death was involved and a single count of evidence tampering. The accident was alleged to have occurred on May 6, 1990 and the alleged evidence tampering was said to have occurred between May 6 and May 12, 1990. On April 30, 1991 Respondent was tried, found guilty and was adjudicated guilty of unlawfully and willfully failing to stop his vehicle at the scene of an accident or as close thereto as possible, or forthwith to return to that scene and fulfill the reporting requirements and rendering of aid requirements set out in Section 316.062, Florida Statutes, thus violating Section 316.027, Florida Statutes. He pled and was adjudicated guilty of unlawfully and knowingly altering, destroying, concealing, or removing any record, document or thing, in this instance an automobile and/or automobile parts with the purpose to impair its verity or availability in any proceeding or investigation, knowing full well that a criminal trial or proceeding or an investigation by duly constituted prosecuting authority, law enforcement agency or grand jury of the state was pending or was about to be instituted, and through such evidence tampering violated Section 918.13(1)(a), Florida Statutes. The accident in question involved death. These offenses in Counts 3 and 4 to the information to which Respondent offered his pleas were third degree felonies. The two counts of vehicular homicide were not pursued and are not part of the judgment and sentence in the aforementioned case. For his plea Respondent was given concurrent sentences of twelve months imprisonment for Counts 3 and 4 to the second amended information, followed by six years probation to run concurrent. In the imposition of the sentence the court also recommended payment of restitution and investigative costs, alcohol counseling, and that the Respondent consume no alcohol and that the driver's license of the Respondent be revoked for a period of three years. Knowledge of the crime was publicized in the Ocala Star Banner in its July 10, 1990 edition. Frank Washington, Jr., Director of Personnel for the Marion County School System, Marion County, Florida, in which Respondent had been employed as a substitute teacher, offered his opinion on the Respondent's effectiveness to serve as a substitute teacher following the subject incident. Mr. Washington has 31 years of experience in education to include classroom instruction at the elementary, junior high and high school level, service as assistant principal or principal in elementary and middle schools as well as his administrative service. Mr. Washington holds a Florida certificate to teach. Mr. Washington is somewhat familiar with the criminal law case against the Respondent. As a consequence of the case Respondent has been removed from the approved list of substitute teachers in the Marion County School System. Mr. Washington's opinion on the effectiveness of the Respondent to carry forward his duties as a substitute teacher is that Respondent's effectiveness has been reduced. This is especially true given that the school system has limited control over substitute teachers as contrasted with full-time teachers. Mr. Washington's concerns about Respondent's effectiveness also addresses the apparent disregard for human life evidenced by the Respondent in his conduct in leaving the scene of an accident where a human life was lost and the deceit demonstrated by the Respondent in his evidence tampering following the accident. Mr. Washington does not believe that this type individual needs to be in the classroom working with children in a posture where children are to be taught good citizenship. Mr. Washington's opinion on loss of effectiveness is accepted.
Recommendation Upon the consideration of the facts found and conclusions of law reached, it is recommended: That the teaching certificate as a substitute teacher, No. 664911, held by Robert R. Stone be revoked for a period of ten years. RECOMMENDED this 31st day of March, 1992, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1992.
