The Issue Whether Respondent, Virginia Bryan Martin, is guilty of the acts alleged in the Administrative Complaint dated April 16, 2007, and, if so, should her Florida Professional Educator's Certificate be disciplined.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Respondent holds Florida Professional Educator's Certificate No. 624273, covering the areas of educational media specialist, elementary education, middle grades integrated curriculum, family and consumer science, and exceptional student education. During all times material to the allegations of misconduct, Respondent was employed at Brandon Alternative School in the Hillsborough County School District. In the early morning hours of April 25, 2004, Respondent was arrested for DUI by Officer Michael Smith of the Lakeland Police Department. Officer Smith videotaped Respondent's erratic driving and the following police stop. The videotape and testimony revealed that Respondent was driving her automobile while under the influence of alcohol. Although initially denied, Respondent acknowledged coming from a bar. She was abusive and threatening to the officer and her daughter, who arrived on the scene of Respondent's arrest. Respondent's conduct was, in short, reprehensible. On November 5, 2004, Respondent was charged with DUI incidental to a motor vehicle accident that occurred in Lakeland, Florida. Both vehicles were damaged to such an extent that they were not drivable. Respondent was charged with careless driving, in addition to DUI. At the hearing, Respondent admitted that prior to the accident, she had drunk so much that she was "feeling no pain." In addition, she minimized the accident, denied fault, and denied that she had been charged with a driving infraction. The November 5, 2004, DUI accident occurred while the legal resolution of the April 25, 2004, DUI was still pending. Respondent's judgment and veracity are subject to serious question. Respondent pled nolo contendere to a reduced charge of reckless driving on the April 25, 2004 DUI. On the November 25, 2004 DUI, she pled nolo contendere. The court found her guilty of DUI. She was sentenced to a treatment program, served 25 days in jail, paid $732.50 in fines and costs, and attended a DUI and Victim Impact Class. Nothing offered by Respondent as mitigating her behavior is accepted as credible.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, John L. Winn, Commissioner of Education, issue a final order finding that: Count 1 be dismissed; Respondent be found guilty of Counts 2 and 3; and Respondent's Florida Professional Educator's Certificate be placed on probation for 24 months, during which time she will be subject to rehabilitative conditions, as determined appropriate by the EPC. DONE AND ENTERED this 13th day of February, 2008, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 13th day of February, 2008. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Deborah K. Kearney, 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 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Edward Gay, Esquire 1516 East Concord Street Orlando, Florida 32803 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012
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
The Issue The issue is whether Respondent is guilty of gross immorality or an act involving moral turpitude or an immoral conduct because the State Attorney's Office filed a misdemeanor charge of possession of controlled substance, and Respondent entered and completed a pre-trial intervention program and the State Attorney nolle prosequi the criminal charge. The Board of Education is now prosecuting Respondent for possession of a controlled substance. In a possession of controlled substance charge, there shall be proof of two distinct elements. The Board of Education must prove that: (1) Respondent had knowledge of the presence of the controlled substance, and (2) Respondent had knowledge of the illicit nature of the controlled substance.
Findings Of Fact Based upon observation of the witnesses and their demeanor while testifying, the documentary evidence in evidence deemed relevant and material, and the entire record complied herein, the following relevant and material facts are found: At all times material and pertinent hereto, Respondent, David J. Suldo, a state-certified teacher, had worked 21 years with the Osceola County School District and had been appointed Director and Coordinator of Human Relations Issues. Respondent was born and reared in Osceola County and, after attending college, returned to enter the school system. He and his wife own a five-acre homestead in Osceola County where they, along with their family, enjoyed a long and friendly relationship with many of his students and their parents in the small community of Sebring, Florida. He is currently employed by the Orange County School Board. Respondent holds a Florida Educator's Certificate No. 378761, covering the areas of Administration/Supervision and Psychology, which is valid through June 30, 2005. Currently, Respondent is employed as Dean of Sixth Grade at Westgate Middle School in the Orange County School District. Before the issue raised by the allegation in the case at bar, Respondent has never had a complaint filed against him. On the weekend of January 30, 1998, Respondent and his wife drove away in their jointly registered family car from a Seven-Eleven parking lot, in Sebring, Highlands County, Florida, and were stopped by Officer, Donald Minervino, for an expired tag. In response to the Officer's request to produce his diver's license, Respondent produced his Director of Student Services Osceola County School District identification card,1 explaining that he lost his driver's license a few days prior. Officer Minervino requested that Respondent and his wife exit the vehicle, which they did, and he requested permission to search the vehicle, which was granted. During his search, Officer Minervino found a small baggie containing a suspected controlled substance in the console of the vehicle. Officer Minervino found a small amount of illicit substance in a plastic bag and a broken pipe. Also found in the console was a St. Cloud High School, 1995-96, I.D. card of Scott Suldo, a tenth grader, who is Respondent's son. During his interrogation, Officer Minervino asked Respondent if he would like to make a statement regarding the suspected illicit substance in the baggie and the broken pipe. Respondent answered "NO," and made no statements regarding knowledge of the presence of the illicit substance or knowledge of the nature of the illicit substance recovered from the console of the family car. Officer Minervino observed two beer bottles, one of which was open, in the vehicle. Because of this traffic stop, vehicle search, interrogation of vehicle occupants, and observation of their movements and speech patterns, Officer Minervino concluded neither was intoxicated and no roadside sobriety tests were taken. The Officer issued Respondent two citations: (1) warning citation for the expired tag, and citation for having an open container (beer bottles) in the vehicle.2 Officer Minervino did not arrest Respondent on a charge of possession, but filed an Affidavit Prosecution Summary (APS) with the State Attorney's Office regarding the baggie of illicit substance and the broken pipe,3 in accord with the Osceola County Sheriff's Department's policy. On Monday following the January 30, 1998, traffic stop incident, Respondent met with Dr. Thomas L. McCarley, superintendent of the Osceola County School District, and they mulled over and discussed the situation. Dr. Thomas L. McCarley offered Respondent the opportunity to transfer to another school district pending the outcome of the ongoing investigation, specifically, the potential outcome regarding the content of the plastic bag, i.e. whether the State Attorney would or would not file criminal charges. Having considered his career opportunities, his family, and his lifetime residency in Sebring, Florida, Respondent opted to retire from the Osceola County School District and did so on or before February 13, 1998.4 Sebring, Florida, is a small community and community members of long standing know each other well. The community knew of Respondent's long association with and his position within the school system; they knew also of his traffic stop by the local police and the police finding illicit materials in Respondent's family car. The Sebring local newspaper ran, almost daily, updates and recounts of this incident over an extensive period. Respondent is of the opinion that the prolonged newspaper publicity created public pressure on the State Attorney's Office, who, months after the incident, filed misdemeanor criminal charges against Respondent. At some undetermined time before September 1998, the State Attorney for the Ninth Judicial Circuit, in and for Osceola County, Florida, filed a two-count misdemeanor criminal charge of Possession of Cannabis and Possession of Drug Paraphernalia against Respondent. On or about September 1, 1998, the State Attorney for the Ninth Judicial Circuit, in and for Osceola County, Florida, in open court filed nolle prosequi5 of the two-count misdemeanor criminal affidavit. Listed as "Exculpatory information received" was checked the statement: "Defendant completed pre- trial diversion program." Subsequent to September 1, 1998, the Orange County Superintendent of Public Schools asked Respondent to apply for employment with the Orange County School Board because there existed a need for someone with Respondent's particular expertise and training in "student issues." After completion of the Orange County School Board's application form, Respondent was interviewed by the Orange County School Board. During his interview, Respondent informed the Orange County School Board of the circumstances, from the initial traffic stop, retiring from Osceola County School District, the misdemeanor criminal charges filed against him, his retaining counsel, his entering and completing the pre-trial program, and his having taken several independent and successful drug tests since the incident to demonstrate that he was not a user of drugs. On August 5, 2002, the Orange County School Board offered Respondent a 196-day, 2000-2003 school year, professional Instructional Personnel contract of employment with the Orange County School System. Respondent accepted the Orange County School Board's offer and formally executed his employment contract on December 5, 2000. Mrs. Joy Suldo, wife of Respondent, took the vehicle in question to Circuit City for a stereo upgrade and repair then to Addison's Body Shop for minor repair work picking up the care on or about January 27, 1998. From the body shop, she took the car to the upholstery shop for a day and a one-half day. At these several service location, employees had access to the vehicle. Mrs. Suldo did not open or check the console when she returned the car home. Respondent's son also had access to the vehicle, along with his friend and fellow band members. Respondent recalled seeing several of them sitting together in the car listening to the enclosed sound car stereo. His son and his friends had unlimited access to the vehicle. Multiple accesses to the vehicle by persons other then Mr. Suldo created, not an inference of solo possession by Mr. Suldo, but rather created the burden of upon Petitioner to reinforce the inference of constructive possession by Mr. Suldo. There was no evidence was presented by Petitioner from which circumstantial constructive possession by Respondent could in inferred. At all times material to the case at bar, there was no teacher's labor union contract between teachers and the Osceola County School Board. Petitioner has offered no evidence to prove the allegation contained in its letter dated October 25, 2001, to wit: possession of a controlled substance.6 No evidence was offered to prove that Respondent knew of the illicit nature of the substance or that Respondent knew of the presence (in the vehicle) of the illicit substance. Therefore, Petitioner has failed to prove Respondent actually possessed or constructively possessed a controlled substance. Petitioner's substantial evidence failed to demonstrate that from the circumstances of this incident that Respondent is guilty of gross immorality or an act involving moral turpitude.
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commissioner of Education enter a final order dismissing the Administrative Complaint against Respondent. DONE AND ENTERED this 29th day of January, 2003, in Tallahassee, Leon County, Florida. FRED L. BUCKINE 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 29th day of January, 2003.
The Issue Should the State of Florida, Education Practices Commission impose discipline against Respondent for alleged violations of the statutes and rules regulating Respondent's Florida Teaching Certificate No. 284544?
Findings Of Fact Respondent holds Florida Teaching Certificate No. 284544 in the subject areas of economics and drivers' education valid through June 30, 2005. In a case before the State of Florida, Education Practices Commission, Frank T. Brogan as Commissioner of Education, Petitioner, vs. James F. Davis, Respondent, Case No. 9450786-C, among the allegations was the reference to Respondent's arrest on March 6, 1994, for driving under the influence and adjudication on October 4, 1994, related to that offense. In Case No. 94-012585 MM A, County Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Respondent pled guilty and was adjudicated guilty on October 4, 1994, to the driving under the influence offense and was fined $1270.00 as part of the disposition of the case. Pertaining to Case No. 945-0786-C, in an action before the State of Florida, Education Practices Commission, Frank Brogan, as Commissioner of Education, Petitioner, vs. James F. Davis, Respondent, Case No. 96-022-RT, final order, entered June 19, 1996, the Education Practices Commission accepted a settlement agreement between the parties. As a consequence, Respondent received a letter of reprimand. In the case disposition, Respondent agreed to be placed on probation for a period of two years commencing with the issuance of the final order, assuming Respondent's current employment as an educator in Florida at the time the final order was entered. Respondent was so employed. Among the conditions of his probation were that Respondent "violate no law and shall fully comply with all district school board regulations, school rules and state board of education Rule 6B-1.006." Through the settlement agreement, accepted in the final order, Respondent agreed that should he fail to comply with each of the conditions of probation set forth in the settlement agreement; then the Petitioner, the Commissioner of Education, would be authorized to bring an administrative complaint for sanctions up to an including the possible revocation of the teaching certificate based upon a violation of the terms of the probation. The present Administrative Complaint is premised upon this agreement authorizing a further administrative complaint for alleged violations of the conditions of probation. Contrary to the expectations of his probation, Respondent was arrested on March 22, 1998, in Jacksonville, Duval County, Florida, while driving under the influence of alcoholic beverages, to the extent that Respondent's normal faculties were impaired. Section 316.193, Florida Statutes. This arrest led to the filing of a criminal information in the case of State of Florida vs. James Felder Davis, the Respondent herein, in a case before the County Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Case No. 98-19559-MM, charging a violation of Section 316.193, Florida Statutes. Although no proof was presented that the DUI case No. 98-19559-MM has been resolved, facts are known concerning Respondent's driving on March 22, 1998. On that date Officer J. T. Carey of the Jacksonville Sheriff's Office observed Respondent in an automobile passed out in the drive-thru at the Taco Bell Restaurant at 9300 Atlantic Boulevard. Other cars were going around Respondent's car to avoid it. Respondent was in the driver's seat with the keys in the ignition and the car running. No other person was in the car with Respondent. The officer tried several times to wake Respondent. When the officer succeeded, he asked Respondent to step out of the vehicle. Respondent had to use the door to brace himself when getting out of the car. Respondent's appearance revealed bloodshot watery eyes. Respondent's speech was slurred. Respondent had soiled his shorts and had a strong odor of alcoholic beverage on his breath. Respondent was very disoriented. Respondent's car was removed from the lane of traffic at the drive-thru, and the officer then drove Respondent to an adjacent location to perform a field sobriety exercise. This involved an eye test, a walk and turn in which the Respondent was required to walk nine steps on a line and turn around and come back. The Respondent was required to stand on one leg a period of 30 seconds to test balance; another test performed was the finger to nose exercise. Respondent performed poorly on the exercises. Officer Carey believed that Respondent was too impaired to drive and arrested Respondent for DUI. Respondent refused to take a breathalyzer test to measure impairment. In the school year 1992-93 Respondent was hired as a driver's education teacher at First Coast High School, part of the Duval County School District. Respondent worked in that capacity through January 18, 2002. It was anticipated, though not established in the hearing record, that Respondent would retire from his position with the Duval County School Board on January 31, 2002. The Duval County School District took action against Respondent for misconduct. This action was taken on February 16, 1999, and accepted by Respondent on February 24, 1999. The nature and specifications of the misconduct related to the March 22, 1998 arrest and charge for driving under the influence. The nature and specifications were also related to the grounds for discipline in the Education Practices Commission Case No. 945-0786-C, leading to the final order that has been discussed. The Duval County School Board perceived that the arrest and charge on March 22, 1998, violated the terms of the settlement agreement as contained in the final order from the Education Practices Commission related to Case No. 945-0786-C, thus violating Section 231.262(7), Florida Statutes. The School District also found a violation of the State Board of Education Rule 6B-1.006, Florida Administrative Code, concerning the Principles of Professional Conduct of the Education Profession and Rule 6B- 1.001(3), Florida Administrative Code, pertaining to the Code of Ethics of the Education Profession on the subject of the need to be of good moral character, the need to avoid engaging in acts of gross immorality or acts involving moral turpitude and the conviction of misdemeanors other than minor traffic violations. The disciplinary terms imposed by the Duval County School District included a written reprimand and suspension without pay for ten working days before the 1998-99 school year entered.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered finding Respondent in violation of Count 1; dismissing Counts 2 through 5, other than in relation to Count 1; and suspending Respondent's Florida Teaching Certificate No. 284544 for two years. DONE AND ENTERED this 13th day of March, 2002, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS 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 13th day of March, 2002. COPIES FURNISHED: J. David Holder, Esquire 24357 US Highway 331, South Santa Rosa Beach, Florida 33459 James F. Davis Post Office Box 11990 Jacksonville, Florida 32239 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 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
