The Issue The issues to be resolved in this proceeding concern whether the Respondent, George Hershel Allen, should suffer revocation of his teaching certificate or other sanction authorized in the pertinent provisions of Chapter 231, Florida Statutes, if it be proven that he committed the misconduct alleged in the Administrative Complaint filed in this proceeding. Specifically it must be determined whether the Respondent violated Section 231.28(1)(c) and (f), Florida Statutes.
Findings Of Fact During the course of the hearing, the Petitioner, Betty Castor as Commissioner of Education and the Respondent George Hershel Allen, by and through their attorneys stipulated and agreed as follows, in resolution of all disputes between those parties. The Respondent George Hershel Allen holds Florida teaching certificate number 576534, issued on November 4, 1986, by the Florida Department of Education, covering the area of elementary education. The Respondent George Hershel Allen, was employed as a teacher in the Duval County School District. On or about February 25, 1991, the Commissioner of Education filed an Administrative Complaint against the Respondent, a copy of which is attached to the stipulation of facts and incorporated by reference in this Recommended Order, alleging violations of Florida Statutes, Section 231.28(1)(c) and (f). By this stipulation, the Respondent revokes his answer to the Administrative Complaint and elects not to contest any allegation of the Administrative Complaint. The Respondent admits to the violations alleged in paragraphs 2, 3, 5. The parties agreed to the following: Respondent's teaching certificate is revoked for a ten year period beginning on the date the Education Practices Commission enters its final order. During the tenth year or subsequently, the Respondent shall engage in counseling with a licensed psychiatrist or psychologist and shall receive treatment as necessary in order for him to return to the classroom. Upon completion of treatment the psychologist or psychiatrist must provide written verification that the Respondent is capable of assuming all responsibilities of an educator. The Education Practices Commission reserves the right to get a second opinion from a licensed psychologist or psychiatrist and the defendant will make him available and cooperate if asked to do so. Upon reemployment with any Florida School District, the Respondent shall be placed on three years probation. During the period of his probation, the Respondent agrees to arrange for his immediate supervisor to monitor his performance and prepare quarterly reports to the Education Practices Commission concerning his performance on forms to be provided by the Education Practices Commission. The report shall state whether or not any problems similar to those described in the Administrative Complaint have occurred. The Respondent agreed to the stipulation and acknowledged that copies of the Administrative Complaint and the Joint Stipulation shall be placed in the Respondent's personnel certification files. If illness or temporarily disability should prevent the Respondent from teaching in the probation period, any failure of the Respondent to obtain reports as to his performance will not cause him to be in violation of this agreement. However, the probation period shall be lengthened by the amount of time that the Respondent is so prevented from complying with this stipulation. The parties agreed that the stipulation shall be submitted to the Education Practices Commission for its consideration and adoption as the Commission's final disposition of the Administrative Complaint against the Respondent. The Commissioner and the Respondent understand that the Education Practices Commission has the discretion to reject the stipulation and order a full evidential hearing into the charges if, in its judgment, it deems such action as necessary or appropriate. The Respondent acknowledged that he fully understands the provisions of the stipulation, the contents of the Administrative Complaint and his rights to an evidentiary on the allegations set forth in the Complaint. The Respondent acknowledged that he has received legal advice concerning the execution of the stipulation and that he is under no duress, coercion or undue influence in signing the stipulation. The Respondent requests that the Education Practices Commission accept and adopt the terms of the stipulation as its final disposition of this proceeding. If the Respondent fails to comply with the terms of the stipulation the Respondent agrees that the Education Practices Commission shall advise the Commissioner of Education of the non-compliance for the purpose of renewing the prosecution of the Administrative Complaint. The above stipulation was freely entered into between the parties and they agreed that this matter remain a Section 120.57(1), Florida Statutes proceeding and that this stipulation of facts be incorporated into the Recommended Order as the Findings of Fact to be made in this proceeding.
Recommendation Having considered the testimony of record and the stipulation of facts entered into by the parties, filed with the Hearing Officer and stipulated to be incorporated into the Recommended Order, the stipulation is accepted. That eventuality results in no disputed material fact remaining pending before the Hearing Officer and accordingly, it is therefore recommended that, based upon the stipulation of the parties, that jurisdiction of this matter be relinquished to the Petitioner agency named above. RECOMMENDED this 3rd day of April, 1992, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April, 1992. COPIES FURNISHED: Lane Burnett, Esquire 331 E. Union Street Jacksonville, FL 32202 Homer C. Bliss, Esquire 503 E. Monroe Street Jacksonville, FL 32202 Sydney H. McKenzie, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Karen Barr Wilde, Exec. Dir. Education Practices Commission 301 Fla. Eduation Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
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
