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: Respondent held Florida teacher's certificate number 681506, covering the areas of Pre-K through Grade 3, which was valid until June 30, 1995. On or about November 4, 1986, Respondent was charged with battery by information filed in Dade County Court Case No. 86-79409. On December 29, 1986, following a non-jury trial, Respondent was found guilty as charged. Adjudication of guilt was withheld and Respondent was ordered to pay $77.00 in court costs. In 1990, Respondent submitted an Application for Florida Educator's Certificate to the Bureau of Teacher Certification of the Department of Education (Bureau). On the application, she 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 (no contest) even if adjudication was withheld? Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of certification. Please Check One: Yes No If yes, you must give complete details for each charge. As Respondent was aware, her negative response to this question was untrue inasmuch as, in 1986, she had been found guilty of the crime of battery in Dade County Court Case No. 86-79409. In 1992, Respondent submitted another Application for Florida Educator's Certificate to the Bureau. On the application, knowing that her response was false, she answered "no" in response to the following question: Yes No Have you ever been convicted, found guilty, or entered a plea of nolo contendre (no contest) to a crime other than a traffic violation? A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge In 1993, Respondent submitted a third Application for Florida Educator's Certificate to the Bureau. On the application, she knowingly gave false information by checking "no" in response to the following question: Yes No Have you ever been convicted, found guilty, entered a plea of nolo contendre (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? SEALED or EXPUNGED records must be reported pursuant to s.943.058, F.S. Failure to answer this question accurately could cause denial of certification. A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. On February 7, 1994, while working as a teacher at Golden Glades Elementary School, a public school located in Dade County, Respondent was involved in an altercation with a student, C.K., in the doorway to Respondent's classroom.2
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order: (1) finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint, as amended, concerning her falsification of the 1990, 1992, and 1993 certification applications she submitted to the Bureau; (2) barring Respondent from applying for certification for a period of three years for having committed these violations; and (3) dismissing the remaining counts of the Administrative Complaint, as amended. DONE AND ENTERED this 29th day of July, 1997, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 29th day of July, 1997.
The Issue The issue for determination is whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, what action should be taken.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 697227. The Certificate covers the areas of Social Science and Educational Leadership and was valid through June 30, 1999.2 At all times material hereto, Respondent was employed by Petitioner as an Assistant Principal at Crystal Lake Middle School (Crystal Lake).3 Respondent was employed at Crystal Lake pursuant to an annual contract. On or about January 3, 1999, Respondent arranged for someone other than himself to take the Florida Department of Education's Florida Educational Leadership Examination (FELE) and for that person to submit the answers to the FELE as if Respondent wrote them. Respondent engaged in a fraudulent scheme to receive a passing score on the FELE in order to receive a Florida Educator's Certificate for which he did not qualify.4 The fraudulent conduct was discovered. The Florida Department of Education invalidated all scores assigned to Respondent and, therefore, no score was assigned to Respondent for the FELE. Respondent was not issued a certificate. Prior to January 3, 1999, Respondent had taken the FELE approximately 10 or 12 times without receiving a passing score. If he had not received a passing score on the FELE in January, Respondent would have lost his Certificate and would have been ineligible to remain an assistant principal. He "panicked" and obtained the services of the individual to take the FELE for him. The local community became aware of Respondent's incident. The local news media printed articles regarding the incident. Petitioner received three or four telephone calls from concerned parents regarding the image that was being portrayed to students if Respondent was not punished. Respondent subsequently hired tutors, took the FELE, and received a passing score. He was issued a certificate which expires June 30, 2004. The EPC filed an administrative complaint against Respondent for the misconduct. Respondent did not contest the allegations of fact and requested an informal hearing. The EPC issued a Final Order on April 17, 2001, imposing the following penalty: a reprimand; suspension of Respondent's certificate from the end of Petitioner's 2000-2001 school year to the day before the beginning of Petitioner's 2001-2002 school year; and probation, with conditions, for three employment years upon obtaining employment which required a certificate. Having been notified by EPC regarding Respondent's conduct as to the FELE, Petitioner launched an investigation. As part of the investigation, Respondent was notified by Petitioner's Executive Director of Professional Standards and Special Investigative Unit that he was required to provide a statement to Petitioner's Investigative Unit and Respondent was given a date and time certain to provide an oral statement. Respondent was represented by counsel and several meetings for Respondent to provide the oral statement were scheduled to accommodate Respondent's counsel. Respondent failed to provide an oral statement due to the inability of his then counsel to attend the meetings. Respondent was also provided an opportunity to provide a written statement but Respondent's then counsel was unable to advise Respondent on the statement due to trial commitments. Respondent failed to provide a written statement. It is not disputed that Respondent was required to provide a statement, which is considered a direct order. Furthermore, it is not disputed that the direct order was reasonable and that it was given by and with proper authority. However, it is reasonable for Respondent to follow the advice of his lawyer and to not provide an oral statement without the presence of his lawyer. Likewise, it is reasonable for Respondent to not act on submitting a written statement without his counsel advising him on the written statement. Respondent's failure to provide the oral or written statement was justifiably excused. Respondent was also provided an opportunity to attend a pre-disciplinary meeting on two or three different occasions. Respondent failed to attend the pre-disciplinary meetings due to the inability of his then counsel to attend. Respondent obtained new counsel and provided a statement to Petitioner, albeit during discovery in the instant case. Petitioner suspended Respondent, without pay, beginning March 20, 2001 and ending June 30, 2001. Respondent's annual contract was not renewed by Petitioner for the 2001-2002 school year.5 Petitioner seeks termination of Respondent's 1999-2000 annual contract. Respondent is a highly regarded educator and several character witnesses testified on his behalf. Each witness was aware of Respondent's conduct regarding the FELE. Respondent began his teaching career in 1992 in Tallahassee, Florida, at Fairview Middle School. He was promoted in 1994 to the position of Dean at Fairview Middle School. In 1995, Respondent was hired as assistant principal by John Civettini who was the principal at Crystal Lake. Respondent was recommended to Mr. Civettini by Petitioner's former Superintendent of Schools and Respondent was recommended to the former Superintendent by Florida's then Governor Lawton Chiles. Crystal Lake had serious disciplinary problems and was in a "disruptive chaotic" state. Within two months of Respondent's arrival at Crystal Lake, he had implemented a program that had changed Crystal Lake for the better. Mr. Civettini retired in the third year of Respondent's tenure at Crystal Lake but Respondent's program continued under the new principal and Crystal Lake became one of the top middle schools in Broward County. Respondent had done an "excellent" job at Crystal Lake with the school children and had the admiration of the parents. Mr. Civettini would again hire Respondent without reservation even knowing the circumstances of the conduct with which Respondent is charged. Furthermore, Mr. Civettini is not against punishing Respondent for his conduct but he believes that termination of Respondent's annual contract is too severe. If Respondent is terminated by Petitioner, according to Mr. Civettini, Respondent will not be hired by another school district. Respondent's Associate Superintendent, Everette Abney, Sr., Ph.D., has "a great deal of admiration" for what Respondent accomplished at Crystal Lake. Respondent made a "difference in the lives" of the children at Crystal Lake. Dr. Abney would welcome the return of Respondent to Petitioner's employ and would return Respondent to working with children. Dr. Abney does not view the conduct with which Respondent is charged as lessening Respondent's effectiveness with the children. Dr. Abney is aware of principals and other assistant principals who had engaged in more serious misconduct but who were not terminated by Petitioner. However, he was not able to give specifics regarding the incidents. Respondent worked with a South Florida Pizza Hut franchise owner, Alfredo Salas, in helping minority children. Mr. Salas has great respect for the way Respondent worked with and mentored the children. Mr. Salas has no hesitation in supporting the return of Respondent to Petitioner's employ and would continue to work with Respondent with children. Petitioner has imposed less severe punishment for conduct committed which was equally or more serious. One principal was arrested in the year 2000 for marijuana possession in a foreign state while on a recruiting trip for Petitioner. The incident received local publicity. Petitioner removed the principal from his position, re-assigned him to administrative procedures from August 31, 2000 to August 21, 2001, and, after the re-assignment, imposed a three-month suspension, without pay, and a reduction to an annual contract. In another incident, a principal solicited business at her school in order for her father to become a vendor at her school. Her conduct was determined to be a conflict of interest.6 Petitioner suspended the principal for two weeks. Also, the EPC reprimanded her and placed her on probation for one year; and Florida's Ethics Commission reprimanded her and imposed a $500 fine. Taking into consideration the totality of the circumstances presented, the punishment sought by Petitioner, termination of employment, is too severe.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Broward County School Board enter a final order: Sustaining the suspension, without pay, of Oscar Harris, Jr., beginning March 20, 2001 and ending June 30, 2001. Imposing other terms and conditions deemed appropriate. Not terminating the annual contract of Oscar Harris, Jr. for the 1999-2000 school year. DONE AND ENTERED this 31st day of October, 2001, in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 31st day of October, 2001.
