The Issue Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against her?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Since April 19, 1991, Respondent has held Florida teaching certificate 637552, which covers the areas of business education (grades 6 through 12) and physical education (grades 6 through 12). The certificate is valid through June 30, 1996. Respondent is now, and has been at all times material to the instant case, including January 4, 1992, employed as a teacher by the Broward County School Board. On January 4, 1992, while operating her motor vehicle, Respondent was involved in an incident which led to her arrest and to the filing of an information against her in Broward County Circuit Court Case No. 92-2200CF10A. The information contained the following allegations, all of which were true: MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that [P]AULA DAWN REDO on the 4th day of January, A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant Tom McKane, a duly qualified and legally authorized officer of the City of Sunrise, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by striking the police car being drive[n] by Lieutenant Tom McKane with [s]aid automobile thereby placing Lieutenant Tom McKane in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT II AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant John George, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Lieutenant John George thereby placing John George in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT III AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Sergeant Gary Silvestri, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Sergeant Gary Silvestri thereby placing Sergeant Gary Silvestri in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT IV AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there unlawfully, willfully and maliciously injure the property of another, to wit: a police car, property of City of Sunrise, by striking said police car with another automobile, the damage to the said property so injured being greater than two hundred dollars ($200.00) but less than one thousand dollars ($1,000.00), contrary to F.S. 806.13(1) and F.S. 806.13(2), COUNT V AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, while being the operator of a motor vehicle upon a street or highway, and having knowledge that she had been directed to stop the said motor vehicle by a duly authorized police officer, did unlawfully and willfully refuse or fail to stop in compliance with the said directive, contrary to F.S. 316.1935, COUNT VI AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there operate a motor vehicle in willful and wanton disregard for the safety of persons or property in that said Defendant did drive at a high rate of speed disregarding a number of traffic control devices, contrary to F.S. 316.192. The incident was the subject of newspaper article published in the Metro Section of the Fort Lauderdale Sun-Sentinel on January 9, 1992. Because of the publicity surrounding the incident, Respondent was asked to transfer from the school at which she had been teaching before the incident (Western High School) to another school (Pines Middle School). Respondent agreed to the transfer, which was thereafter effectuated. She has remained on the instructional staff at Pines Middle School since the transfer. On August 8, 1994, after having discussed the matter with her attorney, Respondent entered a guilty plea to each of the counts of the information that had been filed against her in Broward County Circuit Court Case No. 92- 2200CF10A. Court records reflect that the plea was entered in Respondent's "best interest." 1/ Respondent was adjudicated guilty of the crimes alleged in Counts IV through VI of the information and sentenced to time served (three days in jail) for having committed these crimes. With respect to the crimes alleged in Counts I through III of the information, adjudication of guilt was withheld and Respondent was placed on two years probation. To date, Respondent has conducted herself in accordance with the terms and condition of her probation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint and disciplining her for having committed these violations by suspending her teaching certificate for a period of 60 days and placing her on probation, subject to such terms and conditions as the Commission may deem appropriate, for a period of one year following the end of the suspension. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of December, 1995. STUART M. LERNER 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 11th day of December, 1995.
The Issue Whether Respondent violated section 1012.795(1)(g) and (j), Florida Statutes (2015),1/ or Florida Administrative Code Rule 6A-10.081(3)(a), (e), or (i),2/ as charged in the Amended Administrative Complaint, and, if so, what is the appropriate sanction.
Findings Of Fact Petitioner is responsible for the investigation and prosecution of complaints against holders of Florida Educator Certificates who are accused of violating section 1012.795 and related rules. At all times material to the allegations in this case Respondent held Florida Educator’s Certificate 1023593. The certificate covers the area of chemistry, and is valid through June 30, 2019. Respondent became a full-time high school teacher in the Seminole County School District (SCSD) during the 2006-2007 school year. At all times material to the allegations, Respondent was employed by the SCSD as a teacher at Seminole High School (High School). In or around October 2013, Respondent was asked if she would be interested in working with the Hospital Homebound program (HH).6/ The HH offered to compensate Respondent for the time she spent assisting students. Respondent agreed to be involved with the HH. Respondent was assigned to tutor C.P. During the 2013-2014 school year, C.P. attended the High School, and was a student in one of Respondent’s classes. C.P. candidly testified that he had scoliosis.7/ In late November 2013, C.P. had surgery to correct his spine. The surgery included placing rods in his back to straighten it. In early December 2013, Respondent went to C.P.’s home to begin the tutoring. On her initial visit to C.P.’s home, she brought C.P. a Slurpee, and found him resting in his bed. C.P. understood that Respondent was to help him keep current in all of his classes. C.P. did not show Respondent his back and did not tell Respondent that he had rods or wires in his back. C.P. did not discuss with Respondent a need for food or that he needed a new mattress. A short time later, Respondent left C.P.’s residence, and later returned with fried chicken, books, Cheez-it crackers, and a poinsettia flower. Respondent went to Principal Collins and expressed concerns about C.P.’s health and his family’s financial situation. Respondent opined that C.P.’s family was “poor.” Respondent told Principal Collins she had taken food and other items to the family. Respondent also told Principal Collins there were wires coming out of C.P.’s back and thought a better mattress would help C.P. Respondent wanted to know if the school could help the family. Principal Collins appreciated the concern Respondent had for C.P.’s circumstances, but it was not something the High School could provide. Ms. Guy works in the front office of the High School. Respondent told Ms. Guy there was no food in C.P.’s home. Ms. Guy did not inquire about C.P., and did not know why Respondent discussed private student information with her. D.D. was in Respondent’s sixth-period class at the High School during the 2013-2014 school year. D.D. credibly testified that Respondent spoke of a student whom she was tutoring. Respondent told the class that the student was ill, could not walk and did not have any food in the home, so she brought chicken to the family. D.D. heard that Respondent spent $40 on C.P.’s family. Respondent later stated C.P.’s name to the students. C.M. was in Respondent’s first-period class at the High School during the 2013-2014 school year. C.M. is not one of C.P.’s “immediate friends” and had no knowledge of C.P.’s surgery before Respondent spoke of it. C.M. credibly testified that Respondent told students that C.P. did not look well, and she could see wires on C.P.’s back. M.R. was in one of Respondent’s classes at the High School during the 2013-2014 school year. M.R. credibly testified that while other students were in the classroom, Respondent told the students that C.P.’s family did not have food, and he was too weak to get out of his bed. M.R. testified that she, E.B., C.P., Student J, and Student C were friends. M.R. also testified that C.P. shared with his friends about his upcoming back surgery. E.B. was in Respondent’s sixth-period class at the High School during the 2013-2014 school year. E.B. credibly testified that Respondent told the class about C.P.’s physical condition. E.B. acknowledged that he and C.P. were friends, almost like brothers. After Respondent made the statements in class concerning C.P., E.B. immediately texted C.P. regarding her comments. Following Respondent’s comments in class, E.B. had other students coming to him, inquiring about C.P.’s well- being. When C.P. heard what Respondent had said in her classes, C.P. was “saddened, a little bit angry and upset.” C.P. then texted his mother at work, who became upset upon hearing what information was shared about her son. Ms. C.P. is a single working mom. The family lives in a four-bedroom, two-bath, and two-living room house. Ms. C.P. has paid the mortgage on the house for over 20 years. Ms. C.P. took time off from work to go to the High School. Initially Ms. C.P. spoke with Ms. Guy and expressed her rage at the private information shared about her son. Ms. C.P. spoke with an assistant principal about what Respondent had said in her classes. Ms. C.P. and C.P. went to the High School after C.P. heard more of what Respondent had said about C.P. Prior to going to the High School, Ms. C.P. went to the bank, withdrew $40 and gave it to C.P., so he, in turn, could give the money to Respondent. While on the High School campus, C.P. went to Respondent’s classroom, and gave the $40 to Respondent. C.P. wanted to give Respondent the $40 as he did not want to be portrayed as poor. C.P. credibly testified that “I’m not poor in my eyes so I felt it was necessary to reimburse her [Respondent] for what she claimed that she spent in food for me.” As part of an investigation into the allegations made by Ms. C.P. and C.P., Principal Collins invited students from Respondent’s classes to provide statements regarding any comments made by Respondent about C.P. The statements, written by individual students who testified at the hearing, and which were ratified as true when written, demonstrated that Respondent had specifically referenced C.P., his medical condition, Respondent’s thoughts that C.P. was poor, and that Respondent had brought food and a flower to him. During the 2013-2014 school year, Mr. Bevan served as an Assistant Principal (AP) at the High School. Following reports of confidential student information being shared with other students, AP Bevan interviewed several students. He then attempted to provide Respondent with an opportunity to discuss the circumstances from her perspective. Respondent became somewhat distraught and AP Bevan offered to obtain coverage for her class. Respondent calmed down and declined the offer of coverage. Respondent left AP Bevan’s office and went to the media center where her class was to meet. Respondent did not stay with the class, but instead left the campus. Following the investigation, Principal Collins determined there were inappropriate confidential matters about C.P. shared with other students and staff. As a result, on December 18, 2013, Principal Collins issued a letter of reprimand to Respondent. The Superintendent recommended and the SCSB approved a two-day suspension as a result of Respondent’s conduct. Respondent was on medical leave beginning on January 7, 2014, through March 10, 2014. Respondent served the suspension on April 15 and April 22, 2014. Respondent’s disciplinary history also includes an October 25, 2013, letter of reprimand for using profanity with a student.
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 that Respondent violated section 1012.795(1)(g) and (j), and rule 6A-10.081(3)(a), (e), and (i). It is further RECOMMENDED that the Education Practices Commission place Respondent’s educator certificate on probation for two years. The Education Practices Commission shall establish the terms and conditions of Respondent’s suspension and probation, which may include the cost of monitoring the probation. DONE AND ENTERED this 13th day of May, 2016, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 13th day of May, 2016.
Findings Of Fact Based upon the record evidence, as well as matters officially recognized and the factual stipulations entered into by the parties, the following Findings of Fact are made: Respondent was employed as a teacher by the Dade County School Board from approximately 1980 to November 6, 1987, when he resigned his position. Since his resignation, Respondent has not been employed as teacher. At all times during his employment with the Dade County School Board, Respondent held Florida teaching certificate 467693, which covered the areas of elementary education, early childhood education and motor disability. Respondent's teaching certificate expired on June 30, 1989, without Respondent having made any effort to renew it. Respondent is 34 years of age. He has been married to Marcia Carter- Wright since December 13, 1985. They no longer live in the same household, however. Marcia has a sister, M.R., who suffers from cerebral palsy and is developmentally disabled. At all times material hereto, M.R. has lived with Marcia. In September 1986, while he was still living with his wife and her sister, Respondent had sexual intercourse with M.R. Although she was 40 years of age at the time, M.R. was incapable of engaging in consensual sexual activity because of her developmental disability. Respondent's liaison with M.R. produced a child, J.W., who was born on July 7, 1987. Respondent was subsequently arrested and charged by information filed in Dade County Circuit Court Case No. 87-36763 with sexual battery upon a mentally defective person in violation of Section 794.011(4)(f), Florida Statutes. The matter was reported in the newspaper. Pursuant to a plea bargain agreement, Respondent pled no contest to the charge and, in turn, adjudication of guilt was withheld and he was placed on ten years probation. Among the terms and conditions of probation to which he agreed was that he surrender his teaching certificate and refrain from teaching. Respondent did not formally surrender his teaching certificate. He believed that, inasmuch as he had already resigned from his teaching position, letting his certificate expire would suffice. Respondent had difficulty finding a well-paying job while on probation. He became despondent and depressed. In June 1989, approximately one year after he had been placed on probation, Respondent admitted to his probation officer, Hazel Cooper Shepp, that he was using cocaine. Respondent hoped that Shepp would be able to provide him with assistance in dealing with his drug problem. Shepp subsequently filed an affidavit in Dade County Circuit Court alleging that Respondent had violated the conditions of his probation. On August 28, 1989, Respondent's probation was revoked and he was adjudicated guilty of sexual battery as charged in the information filed in Dade County Circuit Court Case No. 87-36763 and sentenced to five years of imprisonment, with credit for 250 days for time served. Respondent was released from prison on May 31, 1991. He currently lives with his mother, but visits his wife, M.R., J.W. and his other two children on a regular basis.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Education Practices Commission enter a final order (1) finding Respondent guilty of the violations alleged in Counts II and V of the Amended Administrative Complaint, and (2) barring him from applying for a new teaching certificate for a period of 10 years pursuant to Section 231.262(6)(g), Florida Statutes. DONE and ORDERED in Tallahassee, Leon County, Florida, this 31st day of December, 1991. STUART M. LERNER 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 31st day of December, 1991.
The Issue Whether the Education Practices Commission (EPC) should revoke or suspend the Respondent's Florida teaching certificate, or impose any other penalty provided by law, for the violations alleged in the Administrative Complaint dated April 5, 1994.
Findings Of Fact Respondent holds Florida teaching certificate 326738, covering the areas of History, Political Science, and Economics, which was valid through June 30, 1994. Respondent's teaching certificate has not been renewed for failure to complete three additional course credits. On or about November 1989, Respondent was reported to Professional Practices Services (PPS) for failure to maintain honesty. The basis for the report was that on a teacher in-service day, Respondent did not report to work, but had a co-worker sign in for him. As a result of this report, the Pinellas County School District suspended the Respondent for three (3) days without pay. On or about August 21, 1990, Respondent entered into a Deferred Prosecution Agreement with the Department of Education that extended through the end of the 1990-1991 school year. The Deferred Prosecution Agreement included in its terms the requirements that the Respondent: violate no criminal laws and shall fully comply with all district school board regula- tions, school rules and State Board of Education Rule 6B-1.006, F.A.C.; perform assigned duties and responsibilities in a professional manner and which is satisfactory to the county school board and in compliance with the rules of the Florida Department of Education; and satisfactorily complete a workshop/inservice training course or college level course in developing positive relationships with others. On July 24, 1991, then Commissioner of Education, Betty Castor, revoked the Respondent's Deferred Prosecution Agreement with the Department of Education and filed an Administrative Complaint against the Respondent. On June 30, 1992, the Education Practices Commission (EPC) issued a Final Order regarding the July 24, 1991 Administrative Complaint against the Respondent. On or about August 12, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms of the Respondent's probation as provided by the June 30, 1992 EPC Final Order. On May 4, 1992, Betty Castor, Commissioner of Education filed a second Administrative Complaint against the Respondent. The second Administrative Complaint referenced the first pending Administrative Complaint entered against the Respondent and further alleged that the Respondent had engaged in inappropriate and unprofessional conduct. The second Administrative Complaint also alleged that on or about October 25, 1991, the Pinellas County School Board suspended the Respondent with pay and recommended that the Respondent be terminated. On August 18, 1992, the Respondent entered into a Settlement Agreement with the EPC whereby the Respondent elected not to contest the allegations set forth in the May 4, 1992 Administrative Complaint. This agreement required the Respondent among other things to: submit to an evaluation by licensed psychiatrist mutually acceptable to the EPC and the Respondent within sixty (60) days of the date of this agreement. submit to an evaluation by a licensed physician other than [Respondent's] regular physician. This exam must include a medical review to determine the cumulative effects of medication which has been prescribed to [the Respondent], and to determine whether any medications or combinations thereof with each other or with alcohol may contribute to the behaviors which are the basis of the Adminis- trative Complaint. On November 6, 1992, the Education Practices Commission issued a Final Order with regard to the Second Administrative Complaint. The November 6, 1992 Final Order incorporated the terms of the August 18, 1992 Settlement Agreement. On or about December 11, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms that the Respondent agreed to in his Settlement Agreement. On or about March 10, 1993, Karen Wilde again notified the Respondent of the requirements of the Respondent's Settlement Agreement and the Respondent's non-compliance with terms of that latest settlement agreement. The Respondent has not complied with the terms of the Final Order of November 6, 1992 which incorporated the Settlement Agreement insofar as the evaluations from a physician and from a psychiatrist have not been submitted. On or about April 1, 1993 Karen Wilde notified the Respondent that the Respondent was being reported to the PPS for non-compliance with the terms of the Final Order of November 6, 1992. On June 30, 1993, the PPS initiated an action against the Respondent for violation of the Respondent's EPC probation. Respondent has taught school for over twenty years. On September 7, 1992, Respondent seriously injured his back in the course of his employment as a result of intervening to prevent a fight between two students. Respondent's injury required him to undergo surgery to repair a herniated disc, and resulted in a 9 percent permanent partial impairment rating to the body as a whole. During this time Respondent was on prescribed pain medication. Respondent filed a worker's compensation claim which was settled by the Pinellas County School Board. The settlement stipulated that Respondent would resign his employment with the Pinellas County School Board, and further provided that the School Board has no objection to deletion of paragraph 8(f) and 8(g) of the settlement agreement. On August 18, 1993, the Respondent resigned his teaching position with the Pinellas County School Board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: The Respondent be barred from reapplying for a teaching certificate for a period of one (1) year from the final disposition by the Education Practices Commission; That prior to reapplication the Respondent be required to provide the certificates that were required by Paragraph 5 and 6, and shall comply with Paragraphs 8(f) and 8(g), all of the Final Order entered by the Education Practices Commission on November 6, 1992; That upon reemployment in the teaching profession that he be placed on a term of probation of three years on the terms outlined in Paragraphs 7, 8(a), 8(b), 8(c), 8(d), 8(e), and 9, all of the Final Order entered by the Education Practices Commission on November 6, 1992; and That an administrative fine of $500.00 be paid by the Respondent to the Petitioner within the first twelve months of the probationary period. RECOMMENDED in Tallahassee, Leon County, Florida, this 16th day of March, 1995. RICHARD HIXSON 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 March, 1995. APPENDIX The following constitute rulings on the Findings of Fact proposed by the parties. Petitioner's Proposed Findings 1.-10. Adopted. 11. Adopted in part. 12.-18. Adopted. Incorporated in paragraph 18. 20.-22. Adopted. Respondent's Proposed Order Adopted in part. Reject as not supported by the evidence. Rejected as irrelevant. Adopted. COPIES FURNISHED: Nathan L. Bond, Esquire 2121 Killarney Way Suite G Tallahassee, Florida 32308 David L. Smith 2521 Oak Leaf Lane Condo D Clearwater, Florida 34623 Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros, General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact Respondent currently holds Florida Teaching Certificate No. 162096, Post Graduate Rank II, which is valid through June 30, 1991, covering the areas of elementary education, junior college, reading and guidance. At all times material hereto, Respondent was employed as an elementary school teacher in the public schools of Duval County, Florida, at Garden City Elementary School. On June 6, 1978, Respondent was involved in an incident at the K-Mart department store located at 9459 Lem Turner Road, Jacksonville, Florida, which resulted in the filing of the Petition herein. On that date, Respondent was observed by the store's Security Manager while she was shopping in the ladies' wear department. The Security Manager was stationed behind one of sixteen observation windows situated in the ceiling of the store. From this vantage point, the Security Manager observed Respondent while she removed an orange bathing suit from a display rack and proceeded with the bathing suit to the infants wear department. Respondent then took the bathing suit off its hanger and placed the suit on top of her purse. Shortly thereafter, the Security Manager saw Respondent fold the swim suit and conceal it in her purse. Respondent then proceeded to the front of the store where she attempted to exit through the front entrance. At no time did Respondent approach the check-out counter prior to attempting to exit the store premises. The store Security Manager prevented Respondent from exiting the store by calling another store employee located at the front door of the store on the house telephone. The Security Manager advised this employee that Respondent was heading toward the front door, and requested that Respondent be detained. When the employee stopped Respondent, the Security Manager, with the assistance of other store employees, escorted Respondent to the Security Manager's office for further questioning. Once in the Security Manager's office, Respondent was read the following information contained on a card in the Security Manager's possession: You have the right to remain silent and not to answer any questions. Any statement you make must be freely and voluntarily given. You have the right to the presence of a lawyer of your choice before you make any statement and during any questioning. If you cannot afford a lawyer, you are entitled to the presence of a court- appointed lawyer before you make any statement and during any questioning. If any time during the interview you do not wish to answer any questions, you are privileged to remain silent. I can make no threat or promises to induce you to make a statement. This must be of your own free will. Any statement can be and will be used against you in a court of law. After reading this information to Respondent, the Security Manager requested that Respondent give him the bathing suit, but Respondent refused to remove it from her purse. Thereupon, the Security Manager opened Respondent's purse and removed an orange bathing suit which still had tags attached to it. During the course of questioning by the Security Manager, Respondent refused to divulge her name, employment or other identification. Additionally, on several occasions Respondent requested that she be allowed to pay for the merchandise, and indicated that she was a professional woman and could not afford to get into any trouble. The incident was reported to law enforcement officials, and an officer, responding to the call, placed Respondent under arrest and left the store premises with Respondent in custody. Respondent has an excellent reputation for truth and honesty in the school in which she is employed and in the surrounding community. According to evidence in the record in this proceeding, Respondent had never done anything prior to this incident to bring herself or the education profession into public disgrace or disrespect, and had never failed to set a proper example for students. There is no evidence in the record from which it can be concluded that Respondent's effectiveness as an employee of the School Board has been reduced as a result of this incident. In fact, there is no evidence that any students at the school or any parents of students were aware that the incident had ever occurred. Respondent is a Lead Teacher in the Title I reading program and has demonstrated her effectiveness and creativity in that position, and enjoys an excellent rapport with her pupils. There is no evidence in this record that Respondent ever pleaded guilty or was convicted of any misdemeanor, felony or other criminal charge. In fact, the only evidence in this regard is an order entered by Judge Louise Walker of the Duval County Court, pursuant to Section 901.33, Florida Statutes, expunging all records concerning the arrest, investigation and prosecution arising from the incident hereinabove described. Both Petitioner and Respondent have submitted proposed findings of fact in this proceeding. To the extent that such findings of fact are not adopted in this Recommended Order, they have been specifically rejected as being either irrelevant to the issues in this cause, or as not having been supported by the evidence.
Findings Of Fact The Respondent, Donald D. Johnson, holds Florida teaching certificate No. 468965, which is valid through June 30, 1984. On November 15, 1979, the Respondent filed his application for Florida teacher's certificate, upon which he swore that he had not been convicted of a crime. That application was received by the Petitioner on December 10, 1979, and after processing, his teaching certificate was issued to him on December 20, 1979. The Respondent pled guilty to a charge of petit larceny, and adjudication of guilt was withheld on or about March 13, 1977. The Respondent also pled guilty to a charge of driving with an unlawful blood alcohol level and was adjudicated guilty thereof on or about September 5, 1979. The Petitioner established that the Respondent failed to disclose these altercations with the criminal justice system on his application for his Florida teacher's certificate. In fact, he affirmatively swore that he had not been convicted of a crime. The Petitioner, in at least seventeen (17) recent cases, has followed a policy of imposing at least a one-year suspension and sometimes a one-year revocation in cases such as this. The Petitioner also established that its historical policy has been to grant licensure when an applicant has disclosed such criminal violations on his application, but it has consistently revoked, and has been upheld in revoking, certificates for affirmative misrepresentations by applicants on their applications for certificates to the effect that they have had no criminal convictions when such is not the case. There is no question that the Respondent falsified his application and falsely maintained that he had no criminal convictions. There is also no question that his certificate to teach in the State of Florida was initially issued to him by the Petitioner in reliance upon that misrepresentation, which reliance has been proven to be misplaced.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence in the record and the the pleadings and arguments of counsel for the Petitioner, it is, therefore, RECOMMENDED: That the Education Practices Commission enter a final order revoking the Respondent's teaching certificate for a period of one (1) year. DONE and ENTERED this 21st day of June, 1982 at Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 23rd day of June, 1982. COPIES FURNISHED: J. David Holder, BERG & HOLDER P.O. Box 1694 Tallahassee, Florida 32302 Donald D. Johnson 5856 Wiltshire Drive Jacksonville, Florida 32216 Donald L. Griesheimer, Executive Director Education Practices Commissioner Department of Education The Knott Building Tallahassee, Florida 32301 The Honorable Ralph D. Turlington Commissioner Department of Education The Capitol Tallahassee, Florida 32301
The Issue The issues in this case are whether Respondent, Caren Christine Olsen (Respondent), committed the violations alleged in an Administrative Complaint issued April 20, 2010, and, if so, the penalty that should be imposed.
Findings Of Fact Petitioner, as the Commissioner of the Florida Department of Education, is responsible to investigate and prosecute complaints against persons who hold a Florida Educational Certificate who are alleged to have violated the provisions of law related to the education profession in the State of Florida. See §§ 1012.79 and 1012.795, Fla. Stat. At all times material to the allegations of this case, Respondent held Florida Educator's Certificate No. 999159, covering mathematics, which was valid through June 30, 2010. At all times material to this case, Respondent was employed at Freedom High School in Orange County, Florida. As a secondary teacher, Respondent was required to complete ESOL training. In order to meet the ESOL requirement, on or about January 14, 2008, Respondent enrolled in an ESOL class taught by Mr. Biggs. Mr. Biggs was a district compliance specialist who was fully approved to teach the ESOL class. He required that participants in the ESOL course attend all of the class sessions. The ESOL class requirements were: attendance at the 14 sessions, pre- and post-curriculum tests, completion of a portfolio of the course, and completion of a final evaluation of the course. Although enrolled in Mr. Biggs’ class, Respondent did not attend all of the class sessions. According to Mr. Biggs, Respondent left the class after the tenth session and did not return. In addition to missing the last sessions, Respondent did not turn in the portfolio or complete the evaluation of the course. Although Respondent maintained she had completed the portfolio, Mr. Biggs did not have record of such completion. In April 2009, Respondent was required to present a certificate that verified she had completed the aforementioned ESOL class. Although Respondent presented a certificate of completion for the ESOL course to school personnel, record of the credit for such completion could not be located. Eventually, it was discovered that Respondent did not have credit for the class because she had not completed the class and had not been given a certificate of completion by the instructor (Mr. Biggs). Thus, the issue of how Respondent could present a certificate of completion when none had been issued was raised by Orange County School District personnel. In fact, the certificate presented by Respondent lacked the Orange County Public School logo. In follow-up to this discovery, Respondent’s principal initiated a formal investigation to resolve the matter. When it was determined that Respondent could not produce a valid certificate of completion for the ESOL course, Respondent’s employment with the Orange County School District was terminated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner and the Education Practices Commission enter a Final Order that suspends Respondent's teaching certificate for a period not to exceed one year. DONE AND ENTERED this 27th day of September, 2011, in Tallahassee, Leon County, Florida. S J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 2011. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 224 325 West Gaines Street Tallahassee, Florida 32399-0400 Todd P. Resavage, Esquire Brooks, LeBoeuf, Bennett, Foster and Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 Caren Christine Olsen 2429 Shelby Circle Kissimmee, Florida 34743 Lois Tepper, Interim General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issues for consideration in this above-styled cause are as follows: Whether Respondent's actions of alleged misconduct are in violation of Section 231.28(1)(c), Florida Statutes, and constitute gross immorality or an act involving moral turpitude. Whether the allegations of misconduct involving Respondent are in violation of Section 231.28(1)(f), Florida Statutes, thereby seriously reducing his effectiveness as an employee of the school board. Whether Respondent knowingly testified falsely while under oath, and if so, whether such conduct would be a violation of Section 231.28(1)(i), Florida Statutes, and the Principles of Professional Conduct for the education profession provided by the State Board of Education rules, by failing to maintain honesty in all professional dealings.
Findings Of Fact Petitioner, Tom Gallagher, as Commissioner of Education, is the state entity responsible for providing public, primary, secondary and adult education teaching certification in Marion County and throughout the State of Florida. Consistent with this responsibility, certified teachers are hired by each individual county for classroom direction and administrative activity. Respondent, Barrett W. Purvis, has been employed in the Marion County School system for five years. He holds Florida Educators Certificate 717483 covering the area of physical education. During the 1997-1998 school year, Respondent was employed as a basketball coach at Dunnellon High School located in Dunnellon, Florida. Ten years ago, in October 1990, Respondent, Barrett W. Purvis, was cited for driving under the influence of alcohol in Mississippi. He pled guilty to the offense and was fined $250.00. On or about June 10, 1994, Respondent was involved in an altercation wherein the daughter of the Sheriff of Dixie County was being harassed by a group of individuals. Respondent became involved in the altercation and acted in defense of both himself and the Sheriff's daughter. Respondent explained his involvement in the cause before the County Court at the time of his arraignment, and on June 30, 1994, the County Court dismissed the charge against him. On or about the evening of May 9, 1998, Respondent and his fiancée, along with other individuals attended a local dance club located in Ocala, Marion County, Florida. As a result of an argument between Respondent and his fiancée, Ocala Police were dispatched to the scene. According to various witnesses, Respondent had pushed or slapped his fiancée after being repeatedly punched by her. Pursuant to procedure, Respondent was arrested for Domestic Violence. While being placed in the patrol car, the taller Respondent's head came in contact with the shorter officer's head. There was conflicting testimony as to whether the collision was intentional, yet no injuries nor marks resulted on either man's head. Respondent was immediately pepper sprayed, knocked to the ground, and arrested for Battery on a Law Enforcement Officer. Respondent was taken to the Marion County Jail, where he was released the next day. Respondent was charged by the Office of the State Attorney with Battery on a Law Enforcement Officer, Domestic Violence Battery, and Resisting Arrest with Violence. Subsequently, the Office of the State Attorney reduced the charges to Resisting Arrest Without Violence, Battery on a Law Enforcement Officer and dismissed the charge of Domestic Violence Battery. Respondent was tried on March 18, 1999, and after a short jury deliberation, he was acquitted of all charges. During the course of Respondent's criminal trial which stemmed from the incident at the dance club, Respondent testified that he did not receive medical treatment at the scene but had to treat himself at the County Jail. The evidence introduced at the Criminal Trial is unclear as to the extent, if any, that the Respondent received medical treatment. It is clear, however, that the Respondent believed that he had not received medical attention and was not attempting to be dishonest or mislead the jury. During the course of Respondent's criminal trial stemming from that same incident, Respondent unintentionally misrepresented his prior criminal record to the jury. In fact, he had been previously arrested. In addition to the fact that the misrepresentation was an insignificant reference and not in response to a question elicited by counsel for Respondent or the prosecutor, the Respondent was unaware that the Driving Under the Influence charge he received ten years ago was a criminal charge, but believed it was a traffic charge. Moreover, since the 1994 Criminal Mischief charge was dismissed, his benign representation of a lack of a prior arrest record to the jury was intended to be truthful and not misleading. Respondent has received satisfactory evaluations throughout his career in Marion County, and has no record of disciplinary problems throughout his employment. There is insufficient evidence in the record to support a factual finding that Respondent committed an act of gross immorality or an act involving moral turpitude. There is insufficient evidence in the record to support a factual finding that Respondent committed an act which seriously reduces his effectiveness as an employee of the School Board. There is insufficient evidence in the record to support a factual finding that Respondent violated the Principles of Professional Conduct for the Education Profession provided by the State Board of Education Rules, in failing to maintain honesty in all professional dealings.
Recommendation It is hereby RECOMMENDED that the Department of Education, Education Practices Commission enter its final order that the counts and allegations of misconduct as set forth in the Amended Administrative Complaint be dismissed, and his teaching certificate be reinstated to current good standing. DONE AND ENTERED this 6th day of December, 2000, in Tallahassee, Leon County, Florida. WILLIAM R. PFEIFFER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 2000. COPIES FURNISHED: Steven G. Burton, Esquire Robert E. Sickles, Esquire Broad & Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33602-3310 Philip R. Pignataro 11419 Stoneybrook Path Port Richey, Florida 34668 Kathleen M. Richards, Executive Director Department of Education, Education Practices Commission Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Mark D. Shelnutt, Esquire 421 South Pine Avenue Ocala, Florida 34474-4175 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
