Findings Of Fact The Petitioner filed an application for a Florida educator's certificate with the Respondent on June 17, 1989. In Section III of his application, Petitioner indicated that he held a permanent teaching certificate from the State of New York that entitled him to teach nursery, kindergarten and grades one through six. Petitioner signed his application for certification under oath, and thereby certified that all information contained therein was true, correct and complete. On October 14, 1988, the Petitioner was served with a formal notice that proceedings were being instituted by the Commissioner of Education for the State of New York based on allegations that he had falsely claimed to the Greenport Union Free School District where he was employed in New York that he held certification as a school administrator and supervisor. Rather than participate in a formal hearing on this charge, Petitioner stated his intention to voluntarily surrender his teaching certificate in the State of New York by letter dated December 16, 1988. However, when he failed to surrender his official credentials and file a statement of surrender, the Petitioner was informed by letter from the New York Department of Education dated January 13, 1989, and delivered to his last known address by certified mail, that his teaching certificate would be revoked unless he surrendered his certificate and filed the required statement. Petitioner did not comply with this request, and as a result, his New York teaching certificate was revoked on March 28, 1989. The evidence in the record establishes that at the time Petitioner filed his application for Florida certification on June 17, 1989, he did not hold a valid teaching certificate in the State of New York. He had attempted to surrendered his teaching certificate on December 16, 1988, rather than participate in a formal hearing on charges of misconduct. When he failed to comply with the requirement of the New York Department of Education that he relinquish his actual teaching certificate and file a letter of surrender, his certificate was formally revoked on March 28, 1989. Petitioner knew, or should have known, that the information he provided, under oath, in Section III of his application for a Florida educator's certificate was untrue, incorrect and incomplete. Petitioner never challenged the action of the New York Commissioner of Education regarding the revocation of his teaching certificate in that state. He had been placed on notice that his failure to relinquish his teaching certificate and to file a letter indicating his desire to surrender his certificate would lead to revocation. Although the Petitioner sought in this case to discredit and contradict the allegations made against him in New York, the finality of the action taken in New York cannot be collaterally attacked in this proceeding. The merits of those allegations were never litigated in New York because Petitioner chose not to proceed to hearing. He cannot now, in Florida, attempt to litigate the allegations which he had every opportunity to contest in New York, but which he decided not to contest. His New York certificate was revoked due to his failure to surrender his credentials and to file a letter of surrender, as he had agreed to do on December 16, 1988, and that action is final and not subject to challenge in this proceeding. At hearing, Petitioner claimed that he had moved from New York to Virginia in early 1989, and never received the letter dated January 13, 1989, from the New York Department of Education warning him of the revocation of his New York license if he did not relinquish his credentials and file a letter of surrender, as he had stated he wished to do. However, this letter was sent to his last address of record in New York, by certified mail, and was signed for by a "J. Brown." Section VII of Petitioner's Florida application provides a character reference on Petitioner's behalf by "James G. Brown" who represents himself on said application to have been a friend of Petitioner's for 16 years, and whose address is shown as the same as Petitioner's last known New York address. Therefore, notwithstanding Petitioner's denial of having received the letter dated January 13, 1989, warning of revocation of his New York certificate, it is found that such notice was delivered to his last known address, and was received by the same person that Petitioner would have Respondent accept as a character reference on his behalf. Notice of the actual revocation of his New York license was also sent to Petitioner's last known address in New York. It can only reasonably be inferred that Petitioner's friend of 16 years, J.Brown, told him of the certified mail he had received and that, therefore, Petitioner had knowledge of the actual status of his New York certificate at the time he gave false information on his Florida application. Petitioner only reluctantly admitted, at hearing, that the information he provided in Section III of his Florida application was incorrect and untrue. Instead, he insisted that he had not intended to be misleading, but had simply not read the application carefully and had been hurried when he completed the form by signing it on June 17, 1989. By his demeanor and testimony, it is clear that Petitioner does not appreciate the importance of providing true, correct and complete information on an application for a Florida educator's certificate.
Recommendation Based upon the foregoing, it is recommended that Respondent's denial of the Petitioner's application for an educator's certificate be AFFIRMED by the Education Practices Commission. RECOMMENDED this 4th day of October, 1990 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-1405 Petitioner filed a Summary of Evidence, which has been considered, rather than Proposed Findings of Fact on which specific rulings can be made. Rulings on the Respondent's Proposed Findings of Fact: 1-2. Adopted in Finding 1. Adopted in Findings 4 and 6. Adopted in Findings 2 and 3. Adopted in Findings 2 through 5. Adopted in Findings 3 and 6. COPIES FURNISHED: J. David Holder, Esquire 1408 North Piedmont Way Suite 100 Tallahassee, FL 32312 Clifford J. Evert, Sr. 8420 S.W. 3rd Court Apt. 201 Pembroke Pines, FL 33025 Karen B. Wilde, Exec. Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399 Martin Schaap, Administrator Professional Practices Services 325 West Gaines Street, Room 352 Tallahassee, FL 32399
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.262(6) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Amended Administrative Complaint, dated May 19, 1993, in violation of Sections 231.28(1), Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact The Respondent holds Florida Teaching Certificate No. 454394, covering the areas of Elementary Education, Junior High School Science, and Administration and Supervision, which is valid through June 30, 1994. At all times pertinent to the allegations in this case, Respondent was employed as a teacher at Lake Mary Elementary School in the Seminole County School District. On or about March 14, 1988, Respondent was arrested in Volusia County, Florida, and charged with Sexual Activity with a Child by a Person in Familial or Custodial Authority and Committing a Lewd and Lascivious Act in the Presence of a Child. A Felony Arrest Warrant for Respondent was issued by the Circuit Court of Volusia County, dated March 11, 1988. An Information was thereupon filed against Respondent in the case of State of Florida v. Larry O. Williams, Case No. 88-17776, and it charged Respondent with two (2) offenses: Count I: Sexual Activity with a Child by a Person in Familial or Custodial Authority, and Count II: Committing a Lewd and Lascivious Act in the Presence of a Child. The state issued a Nolle Prosequi to the charge of Sexual Activity with a Child. Respondent entered a plea of Nolo Contendere to the lesser included charge in Count II of Attempted Lewd or Lascivious Act in the Presence of a Child, a third degree felony. On or about April 16, 1990, Respondent was adjudicated guilty of Attempted Lewd or Lascivious Act in the Presence of a Child by the circuit court. He was sentenced to serve three (3) years probation, pay $41.00 per month for the cost of supervision, pay $225.00 in court costs and fines, and successfully complete sexual offender counseling. He was also ordered to have no further contact with the victim or any other individuals involved in the case. Detective Diana Floyd, with the Edgewater Police Department, was one of the detectives who assisted in the investigation of Respondent. The victim of the criminal activity by Respondent was Kristina Adkins. Detective Diana Floyd interviewed Kristina Adkins as part of her investigation on March 9, 1988. or about March 15, 1988, the Respondent was suspended with pay by the Seminole County Superintendent of Schools, Robert W. Hughes. On or about March 24, 1988, the Respondent was suspended without pay by the School Board of Seminole County. Respondent was on an annual contract, and his contract called for a renewal each year. The School Board, on or about March 24, 1988, decided not to renew his contract for the following school year. During the 1987-1988 school year, Naomi Whitker was a fifth grade student at Lake Mary Elementary School, and was frequently in Respondent's classroom because her best friend, Cristie Braddy, was a student in Respondent's class. At that time, Naomi Whitker was ten years of age. Naomi Whitker and Cristie Braddy would regularly assist in Respondent's classroom, generally after school. On a regular basis, Respondent would touch Naomi Whitker's buttocks and hug her while she was in his classroom. This occurred during the 1987-1988 school year at Lake Mary Elementary School. The student would put her arms around Respondent's waist, and he would put his hands around her back and then move them slowly down until he touched her buttocks. Naomi Whitker did not think that it was right for a teacher to touch her in that way, and she felt uncomfortable and confused. A similar incident occurred when Respondent hugged Naomi and grabbed her buttocks as he was dropping the two girls off after taking them to dance class. On one occasion in late February or early March, 1988, Naomi was hanging up something on Respondent's classroom wall, and was standing on a chair. Respondent came over, reached under her clothing, and put his hands on her stomach while he was holding her. As a result of this touching of Naomi's stomach, she turned and ran out of the class. She felt afraid, angry, and embarrassed. She did not tell him to stop, but was so afraid that she ran out of the room. On another occasion, Respondent invited Naomi Whitker, Cristie Braddy, and another girl out during the 1987-1988 school year to Monday night skate night, and to Show Biz Pizza thereafter. Respondent paid for the entire evening. As they were driving Respondent asked Cristie if she had any underwear on. Respondent also told Cristie that he was not wearing any underwear either. Cristie Braddy, a student in Respondent's fifth grade class at Lake Mary Elementary School in the 1987-1988 school year, and best friend of Naomi Whitker at that time, was touched by Respondent. He would rub Cristie's back and stomach and then go down to her buttocks. He would also rub her shoulders. Respondent also touched Cristie Braddy outside of the classroom, specifically at Show Biz Pizza, where he touched her back and shoulders. Also on a school sponsored camping trip he rubbed Cristie Braddy and touched her on the outside of her clothes, when he touched her back and shoulders, but on the inside when he touched her stomach. The touching of Cristie Braddy by Respondent occurred during the entire 1987-1988 school year, and was not an isolated incident. It occurred on a daily basis. On separate occasions, Respondent asked Naomi Whitker and Cristie Braddy to come over to his apartment, and help clean it. However, they declined. On another occasion, Respondent gave Naomi Whitker and Cristie Braddy a silver ring which said "love" on it. In handing the ring to Naomi and Cristie, Respondent said that he wanted them to have it because "I love you". Also during the 1987-1988 school year at Lake Mary Elementary School, Respondent invited Naomi Whitker and Cristie Braddy to the beach or to the mall with him, but they did not go with him. Respondent made inappropriate comments to students in his classroom. For example, he would talk about how he and his wife got divorced because she would not have sex with him. He would also look at Naomi, and say that she needed to shave her legs, or that she was in a bad mood because she was beginning her period. He would also ask about whether the girls were kissing boys. On another occasion in Respondent's fifth grade classroom at Lake Mary Elementary School, Cristie Braddy was sitting in the teacher's chair. Respondent came up from behind her and sat on the chair directly behind her with his legs spread around her. Cristie Braddy quickly jumped out of the chair and went to a different part of the room. Monica Graham, a student in Respondent's fifth grade elementary class at Lake Mary Elementary School in the 1987-1988 school year, was also touched by Respondent. Respondent touched Monica Graham inappropriately on the shoulders and buttocks on the outside of her clothing, and on one occasion, he pinched her buttocks. Monica Graham, as a result of the touching by Respondent, felt weird and embarrassed because he did it to her in front of the other students. She was also angry and hurt by Respondent touching her. On the same camping trip that Christie Braddy and Monica Graham attended, Respondent, who was a chaperon, told the girls on the camping trip that if they got scared at night, they could come sleep in his tent. Respondent invited Monica Graham to go swimming at his house, and one night asked if she wanted to come over and eat dinner with him. Monica Graham did not go because she told her parents, and they said it was inappropriate. Respondent gave Monica Graham his home phone number. He told Monica it was for help in homework, but when she called, he did not talk about homework. Tiffany Gormly, a fifth grade student in Respondent's fifth grade elementary school class at Lake Mary Elementary School during the 1987-1988 school year, was touched by Respondent. Respondent rubbed her shoulders, and tried to hold her hand. When Respondent tried to hold Tiffany Gormly's hand, she kicked him. As a result of Respondent's touching Tiffany Gormly, she felt uncomfortable and embarrassed. There were other students in front of her when Respondent rubbed her shoulders. She was angry, and told Respondent to stop. Respondent also invited Tiffany Gormly to come to his apartment and go swimming. It bothered her, and she did not go. On occasion, Respondent would look under the long table where students sat, as they watched movies in his classroom, and would try to look up the dresses of the girls.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Larry O. Williams is not guilty of violating the provisions of Sections 231.28(1)(c), Florida Statutes; but is guilty of violating Section 231.28(1)(e), Florida Statutes, for having been convicted of a felony; and is guilty of violating Sections 231.28(1)(f) and (h), Florida Statutes, and Rule 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, due to his inappropriate touching and conduct with four of his students. It is further RECOMMENDED that a Final Order be issued revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 24th day of November, 1993, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2215 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 6, 7 (in part), 8 (in part), 9, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 74, 75, 76, 86, 87, 88, 89, 90, 91, 92, 93, 96, 98, 99, 102, 103, 104, 105, 107, 111, 114, 116, 117. Rejected as hearsay: paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 43. Rejected as irrelevant or subsumed: paragraphs 7(in part), 8 (in part), 20, 38, 39, 40, 41, 45, 55, 63, 67, 70, 71, 77, 78, 79, 90, 81, 82, 83, 84, 85, 94, 95, 97, 100, 101, 106, 108, 109, 110, 112, 113, 115. Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Larry O. Williams 403 North Monroe Street Versailles, Missouri 65084 Sydney H. McKenzie General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact 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, a teacher and basketball coach, engaged in sexual misconduct, including lewd or lascivious molestation, with student athletes; if so, whether disciplinary action, up to and including permanent revocation, should be taken against his educator certificate.
Findings Of Fact Respondent Javier Cuenca ("Cuenca") holds Florida Educator Certificate 958539, which covers the areas of educational leadership, mathematics, and physical education and is valid through June 30, 2022. During the time relevant to this case, Cuenca worked as a teacher in the Miami-Dade County Public School District ("District"). For the 2011-2012 school year, Cuenca was employed by Mater Academy, a charter School in Hialeah Gardens, Florida, after which he took a yearlong leave of absence from the District to work for a private company as a tutor. Otherwise, Cuenca taught in traditional public schools. In addition to teaching, Cuenca served as a basketball coach at several schools, including Hialeah Gardens Middle School and Hialeah Gardens Senior High School. Cuenca continued coaching for these schools on a part-time basis even while on leave from his teaching position. Cuenca's employment with the District ended on November 7, 2013, simultaneously with the commencement of an investigation into allegations that he had engaged in sexual misconduct with male students on the basketball teams he coached. The facts giving rise to these allegations are relevant to some of the instant charges against Cuenca and will be addressed further below in this Recommended Order. Cuenca was arrested in 2014 and charged under three separate criminal informations with multiple felonies arising from allegations of lewd or lascivious child molestation. The alleged victims were Students D.N., D.F., and R.D., each of whom was a basketball player coached by Cuenca. Later, a fourth criminal information was filed, charging Cuenca with lewd or lascivious conduct against O.Q., another student athlete whom Cuenca had coached. On October 4, 2016, Cuenca accepted a deal under which he agreed to plead nolo contendere to the reduced charge of felony battery in the cases involving D.F. and O.Q., which would be consolidated in the process, in exchange for the dismissal of the cases involving D.N. and R.D. Accepting the plea that same day, the Circuit Court of the Eleventh Judicial Circuit, Miami- Dade County, immediately entered a Finding of Guilt and Order of Withholding Adjudication/Special Conditions.2/ Cuenca was placed on probation for a period of two years. The upshot is that Cuenca has a criminal record comprising a pair of felony batteries committed, on separate occasions, against two student athletes. At the same time, however, Cuenca was not "found guilty" by a jury; was not adjudicated guilty by the court; and did not plead guilty to, or otherwise admit committing, these crimes. In short, strange as it might seem, Cuenca——who was sentenced and punished as a felon——is not a convicted felon. As we will see, moreover, although entering a plea of nolo contendere to a criminal charge is a disciplinable offense under current law, the statute in effect at the time Cuenca entered his plea did not authorize the Education Practices Commission ("EPC") to discipline a teacher for pleading no contest to a crime. If Cuenca has committed a disciplinable offense, it is because of his conduct leading to the criminal proceedings, not his criminal background per se. The evidence of underlying wrongdoing in this case concerns Cuenca's interactions with three players, O.Q., D.N., and D.F. The most serious allegations involve O.Q., a young man who, unlike D.N., D.F., and Cuenca himself, appeared at hearing to testify, rather than testifying via deposition as did the others. O.Q. testified credibly that, when he was between the ages of 15 and 16, his basketball coach, Cuenca, had "inappropriately touched" him on multiple occasions. O.Q. was unable to remember how many times. There was "one incident," however, which stands out in O.Q.'s mind as the "main incident" that will "stay with [him] for the rest of [his] life." O.Q. says that this incident is "constantly on the back of [his] mind," having left a "scar," which "haunts" him "[e]ven though it was years ago." For O.Q., it is "embarrassing even to mention or speak about" this incident. The incident happened at Cuenca's house, in "his room." According to O.Q., on this particular occasion, Cuenca grabbed and fondled O.Q.'s penis, for the purpose of masturbating O.Q., which he did.3/ The undersigned believes O.Q. and finds that this incident did, in fact, take place as O.Q. described it.4/ As a practical matter, this finding, alone, is dispositive because, obviously, a teacher found to have masturbated a 16-year-old student will be guilty of one or more disciplinable offenses sufficient to revoke his or her certificate. Here, the Commissioner has proved additional acts of misconduct involving D.N. and D.F., which should be addressed nonetheless, if for no other reason than to reinforce the inevitable outcome. Cuenca's modus operandi for exploiting his relationships with these players relied on his authority as a coach to pressure them into exposing themselves. He frequently asked them questions to determine whether they were sexually active, ostensibly to urge abstinence and warn against becoming involved in situations that might interfere with school work and athletics. To some extent, these conversations were unobjectionable. Coaches should not be discouraged from counseling student athletes about age-appropriate sexual behavior. Cuenca, however, overreached. Using the abstinence angle as a pretext, Cuenca pestered the players to show him their "virgin lines." There is, of course, no such thing as a "virgin line." Cuenca used this mumbo jumbo to trick his young players into believing that there is some sort of physical mark of virginity visible on the penis. Cuenca constantly demanded to see this "proof" of virginity to confirm that his players were not misbehaving. Another approach that Cuenca used was the offer of steroids, which athletes sometimes take illicitly to gain muscle mass and improve their performance. Cuenca told the boys that he needed to examine their genitals to ascertain their steroid readiness.5/ If they refused, Cuenca used the stick of retaliation, such as the threat of reduced playing time or expulsion from the team. Cuenca used these methods on D.N. and D.F. In February 2013, Cuenca succeeded in convincing D.N., then a junior in high school, to drop his shorts while the two were alone together in the weight room. Cuenca stared at D.N.'s penis and testicles, and declared that D.N. soon would be ready for steroids.6/ For D.F., the violation occurred in October 2012, when he was a 15-year-old freshman. Under the guise of inspecting D.F.'s "virgin line," and to gauge his readiness for steroids, Cuenca directed D.F. to sit on a table in an empty classroom for an examination. D.F. pulled down his pants, Cuenca took a look, and then he reached in to touch D.F.'s genitals. D.F. slapped Cuenca's hand, and Cuenca withdrew. In D.F.'s words, which the undersigned credits as truthful and telling, the incident left D.F. "in a dark place," "depressed," and "sad," and "nothing has been the same [for him] since" this happened. The Charges In the Amended Administrative Complaint against Cuenca, the Commissioner accused Cuenca of having committed six disciplinable offenses, namely those defined in subsections (1)(d), (1)(f), and (1)(g) of section 1012.795, Florida Statutes; and violations of subsections (2)(a)1., (2)(a)5., and (2)(a)8. of Florida Administrative Code Rule 6A-10.081, which are part of the Principles of Professional Conduct for the Education Profession in Florida.7/ If proved by clear and convincing evidence, the alleged rule violations would be grounds for discipline under section 1012.795(1)(j). It is determined as a matter of ultimate fact that Cuenca is guilty of gross immorality, which is an offense punishable under section 1012.795(1)(d); and that he exploited his relationships with O.Q., D.N., and D.F. for personal gain or advantage, namely sexual gratification, in violation of rule 6A-10.081(2)(a)8., which is an offense punishable under section 1012.795(1)(j). It is further determined that Cuenca is not guilty of having been convicted or found guilty of, or of having pleaded guilty to, any criminal charge; such a criminal record, if established, would have constituted a disciplinable offense under section 1012.795(1)(f), Florida Statutes (2016). As for the remaining charges, to determine Cuenca's guilt or nonguilt would require the undersigned to explicate the meaning of statutory and rule provisions whose applicability to the facts at hand is not readily apparent. Because there are ample grounds for permanently revoking Cuenca's educator certificate without these additional legal conclusions, the undersigned makes no findings of ultimate fact regarding Cuenca's alleged violations of section 1012.795(1)(g) and rules 6A-10.081(2)(a)1. and 5. If the EPC determines that such findings are necessary, it may remand this case to the undersigned for the entry of a supplemental recommended order.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order permanently revoking Cuenca's educator certificate and deeming him forever ineligible to apply for a new certificate in the State of Florida. DONE AND ENTERED this 26th day of November, 2019, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 26th day of November, 2019.
The Issue Whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2003),1 and Florida Administrative Code Rules 6B-1.006(3)(a), 6B-1.006(3)(h), and 6B-4.009(2), and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ruffin holds Florida Educator Certificate No. 893557 for teaching mathematics. His certificate is valid through June 30, 2010. At all times relevant to the allegations in the Administrative Complaint, Mr. Ruffin was employed as a mathematics teacher at Dixie Hollands High School (Dixie Hollands) in the Pinellas County School District. During 2003, T.C. was an eleventh-grade student at Dixie Hollands. Mr. Ruffin tutored T.C. in mathematics over the summer of 2002 to prepare her for the Florida Achievement Test (FCAT). During the following school year, Mr. Ruffin developed a mentoring relationship with T.C., and T.C. became Mr. Ruffin's teaching assistant. Mr. Ruffin provided his cellular telephone number to all of his students, including T.C., in case they needed to contact him. On or about May 3, 2003, Mr. Ruffin was in his classroom with two other students during lunchtime. T.C. entered the room to speak to Mr. Ruffin because she was upset and sought advice. The other two students eventually left, and T.C. and Mr. Ruffin were in the room alone. T.C. shut the door, which contained a window covered by paper. School policy required that the doors remain locked, but propped open. After she shut the door, T.C. sat at the teaching assistant's desk, but soon started to cry and sat on Mr. Ruffin's lap. Mr. Ruffin and T.C. then hugged, and Respondent patted T.C. on her back. Both T.C. and Mr. Ruffin maintain that no other touching occurred during this incident and that T.C. was not on Mr. Ruffin's lap for more than 30 seconds. During the time period when T.C. was in the classroom with Mr. Ruffin, other students were looking into the classroom through a hole in the paper on the window. The hole in the paper was small, which allowed only one student at a time to look into the classroom through the hole. Approximately seven to nine students observed T.C. and Mr. Ruffin. The school has video cameras in the hallways, which recorded the students looking into the classroom for a period of several minutes. While observing from the hallway, the students witnessed T.C. sitting on Mr. Ruffin's lap behind the desk for several minutes. One student claimed she saw Mr. Ruffin rubbing T.C.'s leg; however, the student's testimony was not distinctly remembered and it was not precise and explicit. The students also saw T.C. going through some pictures from Mr. Ruffin's wallet. Mr. Ruffin acknowledged at the final hearing, that T.C. came around to his desk, sat on his knees, put her arm around his neck, and initiated a hug. He patted her on her back. At the final hearing, T.C. also acknowledged that she sat on Mr. Ruffin's knee and that he hugged her. T.C. denied that there was any inappropriate touching by Mr. Ruffin. One student, P.H., observed the encounter through the window. P.H. confronted T.C. about the incident and told T.C. that she could have gotten into trouble. T.C. told Respondent about the confrontation with P.H. P.H. then reported the incident to the School Resource Officer, Deputy Todd Pierce. Following the reporting of the events, Michael Bessette of the School Board's Office of Professional Standards investigated the incident. When Mr. Bessette spoke with Mr. Ruffin, Mr. Ruffin claimed that he did not have any other contact with T.C. after the incident and did not know whether or not the other students had confronted T.C. about it. Mr. Bessette then reported the incident to the principal, and the school district began an investigation. After speaking with all of the witnesses, T.C., and Mr. Ruffin, the School Board concluded that Mr. Ruffin acted inappropriately when he allowed T.C. to sit on his lap. Respondent's proper course of conduct when T.C. sat on his lap would have been to stand up and politely push T.C. away from him. Following the investigation, Mr. Ruffin signed a Stipulation Agreement with the school district where he agreed to a transfer to another school, a suspension without pay for 20 days, a retention of his annual contract for an additional year, and the designation of an "at will employee" for the 2004- 2005 school year. By signing the agreement, Mr. Ruffin also conceded that he was aware that his actions violated the Code of Ethics and the Principals of Professional Conduct of the Education Profession in Florida. Mr. Ruffin was transferred to Lakewood High School, where he is currently employed as a teacher. Mr. Ruffin has not been the subject of any other disciplinary proceedings since the incident giving rise to these allegations, and is an effective teacher at Lakewood High School.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Walter Ruffin violated Subsections 1012.795(1)(f), and 1012.795(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(3)(a); suspending his teaching certificate for 30 days; and placing him on probation for three years. DONE AND ENTERED this 19th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 19th day of April, 2006.
The Issue Whether Respondent, a school teacher, committed the offenses set forth in the Administrative Complaint
Findings Of Fact Respondent currently holds Florida teaching certificate 716424, covering the area of Economics. This teaching certificate is valid through June 30, 1995 (sic). During the 1993-1994 school year, Respondent was employed as a teacher at Ft. Pierce Westwood High School, in St. Lucie County School District. On or about December 15, 1993, Respondent showed an "R" rated video, Posse, to her students. The video contained profanity, nudity and scenes depicting sexual acts. On or about January 6, 1994, Respondent was issued a Letter of Reprimand and was suspended for one (1) day without pay effective June 9, 1994, for demonstrating poor judgment and violating school procedures in showing the video.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein. It is FURTHER RECOMMENDED that Respondent be issued a written reprimand for violating Rule 6B-1.006(3)(a), Florida Administrative Code, and Section 231.28(1)(i), Florida Statutes. DONE AND ENTERED this 15th day of May, 1996 in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON, 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 15th day of May, 1996. COPIES FURNISHED: Carl J. Zahner, II, Esquire Ronald G. Stowers, Esquire Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Monique Carter 1901 Valencia Avenue Fort Pierce, Florida 34946 Sam Carter 1901 Valencia Avenue Fort Pierce, Florida 34946 Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen P. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether the Education Practices Commission should revoke or suspend the Respondent's Florida teaching certificate, or impose any other penalty provided by law, for the violations alleged in an Administrative Complaint of November 9, 1993.
Findings Of Fact The Respondent. The Respondent, Melody Spruell, holds Florida teaching certificate number 334670. The certificate was issued by the Florida Department of Education and authorizes Ms. Spruell to work in the areas of English, Administration and Guidance Counseling. The certificate is valid through June 30, 1997. Ms. Spruell earned an undergraduate degree in English Education in 1972 from the University of Georgia. She also earned a masters degree in Administration and Supervision in 1977 and a masters degree in Guidance in 1982, from the University of North Florida. Ms. Spruell has completed the required course work toward a doctorate degree and is revising her dissertation. Ms. Spruell's doctorate work has been with the University of Florida. Ms. Spruell taught English from 1972 through 1985, and was on sabbatical leave from 1985 through 1986. Beginning with the 1986-1987 school year and ending in 1993, Ms. Spruell was employed at Terry Parker Senior High School (hereinafter referred to as "Terry Parker"), in the Duval County School District. Ms. Spruell was an English and Peer Counseling teacher during the 1986- 1987 school year. Since the 1987-1988 school year, Ms. Spruell has been a guidance counselor at Terry Parker. In February of 1990 Ms. Spruell was appointed as the head of the guidance department of Terry Parker. Ms. Spruell received very good evaluations from James H. Jaxon, Principal of Terry Parker from the 1990-1991 school year through the 1992-1993 school year. Charges Relating to Michael Christeas. During the 1991-1992 school year, Michael Christeas was a junior at Terry Parker. As the result of a conversation between Mr. Christeas and Ms. Spruell, Mr. Christeas did not believe that it was necessary that he take Algebra II in order to qualify for colleges that he was interested in attending after high school. Mr. Christeas played football at Terry Parker. During his senior year, the 1992-1993 school year, several universities expressed interest in Mr. Christeas playing football for them. At least one of the schools that was interested in Mr. Christeas informed him that he would need credit for Algebra II in order to qualify for admission. Mr. Christeas, based upon his understanding of Ms. Spruell's advice to him during his junior year, had not taken Algebra II during the first semester of his senior year. When he learned that some schools would require Algebra II, he so informed Ms. Spruell. During the periods of time relevant to this proceeding, Terry Parker operated on a semester schedule. The first semester of the 1992-1993 school year began August 25, 1992 and ended January 20, 1993. The second semester was began January 21, 1993 and ended June 9, 1993. The first semester was further divided into the first and second quarters: August 25, 1992 to October 28, 1992 was the first quarter, and October 29, 1992 to January 20, 1993 was the second quarter. The second semester was further divided into the third and fourth quarters: January 21, 1993 to March 26, 1993 was the third quarter, and March 30, 1993 to June 9, 1993 was the fourth quarter. Mr. Christeas' conversation with Ms. Spruell about needing Algebra II took place some time during the end of the second quarter/first semester. Ms. Spruell was concerned that she had misinformed Mr. Christeas about whether he needed to take Algebra. Therefore, Ms. Spruell offered to create a class just for him so that he could obtain credit for Algebra II. She led Mr. Christeas to believe that he would be awarded passing grades for the "class." She asked Mr. Christeas not to say anything about the class to anyone else. Ms. Spruell asked Doris K. Blanford, an Algebra teacher, if she would tutor Mr. Christeas during the rest of the first semester and then teach a one- on-one Algebra II course to Mr. Christeas during the second semester. Ms. Blanford agreed. During the first and second quarters, first semester, Mr. Christeas did not take Algebra II. While he was tutored some by Ms. Blanford a few days a week during the morning, neither Ms. Blanford or Mr. Christeas believed that he was taking Algebra II during the first semester. Ms. Blanford did not award Mr. Christeas any grade during the first semester. Nor did Mr. Christeas attend any "classes" with Ms. Blanford during the first semester of the 1992-1993 school year. On or about October 28, 1992, at the end of the first quarter, first semester, Mr. Christeas' report card did not indicate that he was taking Algebra II and did not include any grade for Algebra II or any class for the fifth period of the school day. See PE exhibit 2A. Mr. Christeas' class schedule as of January 15, 1993, indicated that Mr. Christeas was scheduled to take Law Studies during the fifth period. See PE exhibit 1A. Algebra II was not listed on the January 15, 1992 copy of Mr. Christeas' class schedule. On a class schedule of January 20, 1993, Mr. Christeas was inaccurately listed as taking an Algebra II class from Ms. Blanford during the fifth period of the first and second quarters of the first semester. PE exhibit 1B. Ms. Blanford did not teach Algebra II during the fifth period. Nor did she teach an Algebra II course to Mr. Christeas at any time. Ms. Spruell caused Mr. Christeas' schedule to reflect that he was taking Algebra II. On Mr. Christeas' report card issued on January 21, 1993, at the end of the second quarter, first semester, it incorrectly reflects that Mr. Christeas took Algebra II during both quarters and that he earned a grade of "C" during each quarter. Ms. Spruell caused Mr. Christeas to be awarded these grades. Mr. Christeas did not take or complete Algebra II during the second semester of the 1992-1993 school year. The time that Mr. Christeas spent with Ms. Blanford during the first and second semesters was sporadic and irregular. At some point during the second semester, Mr. Christeas quit coming to see Ms. Blanford. Despite having agreed to teach Mr. Christeas in a one-on-one "class" during the second semester, Ms. Blanford took no action when Mr. Christeas quit coming to see her. The alleged "class" was never disclosed to, or approved by, Mr. Jaxon or any other official of Terry Parker. At the request of Mr. Christeas, Ms. Spruell caused a "mid-year update" to be sent to a university on behalf of Mr. Christeas. In the update, Ms. Spruell stated: "Please note that his schedule reflects the grades for Algebra II which he added first quarter." This information was incorrect and is inconsistent with Ms. Spruell's explanation of her intent that Mr. Christeas only receive credit for Algebra II if he took a one-on-one class. Ms. Spruell knew that Mr. Christeas had not taken Algebra II during the first quarter. Mr. Jaxon became aware of the Algebra II "class" for Mr. Christeas during March of 1993. On or about March 5, 1993, before report cards for the third quarter were issued, Mr. Jaxon confronted Ms. Spruell. Mr. Jaxon had at least three meetings with Ms. Spruell concerning Mr. Christeas (hereinafter referred to as the "March Meetings"). Two of the March Meetings were also attended by Laurel Anderson, a Vice-Principal. During the first of the March Meetings, Ms. Spruell was confronted with PE exhibits 1 and 2. Ms. Spruell admitted that she had created the "class" for Mr. Christeas and that she had done so because he needed Algebra II to be considered for a football scholarship by some schools. According to Ms. Anderson, Ms. Spruell admitted that "it had been a foolish thing to do but that she was trying to best assist the student." During the second of the March Meetings, which was also attended by Mr. Christeas' mother, Ms. Spruell took sole responsibility for the incident. During the third of the March Meetings, Ms. Spruell indicated that Josephine Mary Howard, a Computer Clerk I, had added the Algebra II class for Mr. Christeas into the computer maintained at Terry Parker. Ms. Howard denied this assertion. During the March Meetings, Ms. Spruell admitted that: She had created a "class" in Algebra II for Mr. Christeas. The gist of her admission to Mr. Jaxon was that she had created the Algebra II class "on paper." She did so because Mr. Christeas needed Algebra II to get a football scholarship from some schools that were interested in him. She added the class to the computer at Terry Parker herself. She knew Ms. Blanford was meeting with Mr. Christeas but not for the required number of hours for a class at Terry Parker. She knew Ms. Blanford was not meeting with Mr. Christeas at the time scheduled for the class. She "had assigned grades herself for the first two grading periods." Page 170, lines 1-2, transcript of final hearing. See also page 184, lines 9-11, transcript of final hearing. She had prepared the mid-year report that indicated that Mr. Christeas was getting "Cs" in Algebra II. She said it was a "mistake." The explanation of the events surrounding Mr. Christeas which Ms. Spruell gave during the final hearing was not raised by Ms. Spruell at any time during the March Meetings. Ms. Spruell's explanation has been rejected. Paragraph J, Page 30, of the Duval County Public Schools' Pupil Progression Plan, Respondent's exhibit N, provides the "Criteria for Earning Credit/Student Evaluation." That paragraph provides the following: In order to earn standard course credit for a standard diploma and unless otherwise stated in this policy, each student, including those designated as exceptional, shall demonstrate mastery of the specific objectives for all required courses in which the student is enrolled, as determined by the teacher. This determination shall include the averaging of grade points derived from the student's performance on the applicable district-level criterion- referenced test for that required course. (Refer to Appendix F). Appropriate procedures shall be followed by teachers to observe and assess each student's performance continuously throughout the school year to determine if expected achievement standardso are being met (s232.2454, F.S.) Mastery of the specific objectives for all other courses in which the student is enrolled, as determined by the teacher, shall be the criterion for passing those courses and earning course credit. A mandatory final examination in each subject shall be given to all students and shall count as part of the student's classroom final average. Paragraph B, Page 39, of the Duval County Public Schools' Pupil Progression Plan, Respondent's exhibit N, provides the "Hourly Instructional Requirement for Credit." That paragraph provides the following: Hourly Instructional Requirement for Credit: Pursuant to s232.2462, F.S., for the purposes of requirements for high school graduation, one full credit means a minimum of 150 hours of bona fide instruction in a designated course of study. The hourly requirements for one-half the requirements specified for a full-credit (75 hours). Students in grades 9-12 shall be in attendance for 135 hours of instruction, unless they have demonstrated mastery of the student performance standards in the course of study as provided by school board rules. Unless otherwise provided by district school board rule, the difference between the 135 hour minimum requirement and the 150 hour definition of full credit may at the discretion of the secondary school principal be used for non-instructional extracurricular activities. Charges Relating to Amy Spruell. Amy Spruell is the daughter of the Respondent. Amy Spruell was a student at Terry Parker during the 1991-1992 school year. During the 1991-1992 school year Amy Spruell took Algebra II Honors and English Honors. Amy Spruell's teachers awarded her "Bs" in both classes. The permanent record of grades for Amy Spruell incorrectly reflects that she received an "A" in both courses. The change in Amy Spruell's grades from "Bs" to "As" took place some time after June 6, 1992. Ms. Spruell had access to the permanent computer record of grades and the knowledge of how to change grades on that record. The evidence failed to prove that Ms. Spruell changed her daughter's grades for Algebra II Honors or English Honors. Charges Relating to Vonda Callis. Between 1989 and 1990, Vonda Callis' permanent records were changed. A grade of "F" Ms. Callis had received in World History and General Math II was changed to "D". The evidence failed to prove who made the change in Ms. Callis' grades. Loss of Effectiveness. In light of Ms. Spruell's impropriety concerning Mr. Christeas, Ms. Spruell has lost her effectiveness as a teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a Final Order finding that Melody Spruell is guilty of the charges contained in the First, Second, Third, Fifth, Sixth, and Seventh Counts of the Administrative Complaint based upon the allegations of paragraphs 1, 2 and 3(a) and (b) of the Administrative Complaint. It is further RECOMMENDED that the Petitioner dismiss the charges contained in the Fourth and Eighth Counts of the Administrative Complaint based upon the allegations of paragraphs 1, 2 and 3(a) and (b) of the Administrative Complaint. It is further RECOMMENDED that the Petitioner dismiss the charges based upon the allegations of paragraphs 3(c) and (d) against Ms. Spruell. It is further RECOMMENDED that Ms. Spruell be issued a letter of reprimand, that her certificate be suspended for a period of two years and that she be placed on probation for a period of three years upon her reemployment. DONE AND ENTERED this 16th day of June, 1994, in Tallahassee, Florida. LARRY J. SARTIN 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 16th day of June, 1994. APPENDIX Case Number 93-6936 The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The EPC's Proposed Findings of Fact Accepted in 1. Accepted in 5 and 7. Accepted in 27 Accepted in 20. Accepted in 21. Accepted in 19. Accepted in 22. 8-9 Accepted in 21. Accepted in 18 and 23-24. Accepted in 11. Accepted in 9. Accepted in 10. Accepted in 16. Accepted in 17. Subordinate. See 11 and 16. Accepted in 16 and 22. Accepted in 18 and 24. Subordinate finding of fact. Not supported by the weigh of the evidence. See 42-43. Accepted in 42. Accepted in 37-38. Accepted in 37. Accepted in 38. Accepted in 37. Accepted in 40. 25-26 Accepted in 44. Ms. Spruell's Proposed Findings of Fact Accepted in 2-7 and hereby accepted. Not supported by the weight of the evidence. The portions of the Duval County Pupil Progression Plan referred to are taken out of context. See 18 and 21. Not supported by the weight of the evidence. See 16, 22 and 31. Accepted in 24 and hereby accepted. Not supported by the weight of the evidence. See 26. Although this proposed finding correctly summarizes some of Ms. Spruell's testimony, that testimony has been rejected. Accepted in 37-39. Hereby accepted except the proposed finding that Ms. Spruell did not go back to Parker until Summer School Graduation. See 4. The quotation is not relevant to this proceeding. Accepted in 43. Hereby accepted. Not supported by the weight of the evidence. 13-14 Hereby accepted. 15 Not supported by the weight of the evidence. COPIES FURNISHED: William H. Maness, Esquire 112 West Adams Street, Suite 808 Jacksonville, Florida 32202 Robert J. Boyd, Esquire Post Office Box 26 Tallahassee, Florida 32302 Karen B. Wilde Florida Department of Education The Florida Education Center Room 301 Tallahassee, Florida 32399 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
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 Whether Respondent committed the offenses set forth in Administrative Complaint and, if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 460644, covering the areas of Educational Leadership and Social Science. The license is valid through June 30, 2001. At all times material to this proceeding, Respondent was employed as a substitute teacher at Marathon High School in the Monroe County School District. On or about November 26, 1996, Respondent submitted an application for renewal of a Professional Florida Educator's Certificate to Petitioner's Bureau of Teacher Certification. On the application, Respondent checked "no" in response to the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of nolo contendre or had adjudication withheld in a criminal proceeding; or are there any criminal charges now pending against you. Failure to answer this question accurately could cause denial of certification. By indictment of the grand jury convened in Pickens County, South Carolina, on June 22, 1995, Respondent was charged with "Assault and Battery of a High and Aggravated Nature" and with the offense of "Disturbing Schools." Respondent pled guilty to the charge of Disturbing Schools and the lesser charge of "Simple Assault and Battery" on March 18, 1996. He received a sentence of a $200 fine and a suspended 90 days jail sentence. On or about October 6, 2000, Petitioner submitted its First Request for Admissions to Respondent. Respondent failed to answer, admit, or deny the truth of the matters asserted in the request; namely, that Respondent submitted the application for renewal of a Professional Florida Educator's Certificate in the manner and form described in paragraph 3, above, and that he pled guilty to the criminal charges described in paragraph 4, above. Pursuant to Rule 1.370(b), Fla. R. Civ. P., the truth of the matters asserted in the request is conclusively established.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking Respondent's teaching certificate for a period of three years. DONE AND ENTERED this 22nd day of December, 2000, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 22nd day of December, 2000. COPIES FURNISHED: William B. Graham, Esquire Graham, Moody & Sox, P.A. 215 South Monroe Street, Suite 600 Tallahassee, Florida 32301 Costa Lempesis 1334 Bryjo Place Charleston, South Carolina 29407 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 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 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 614 Tallahassee, Florida 32399-0400
