The Issue At issue in this proceeding is whether, as alleged in the Amended Administrative Complaint, Respondent's application for a temporary teacher's certificate was denied and, consequently, her dismissal from employment as an elementary school teacher with the Palm Beach County School Board was proper.
Findings Of Fact On or about August 14, 1998, Respondent, Ramona Wright, received a Statement of Academic Eligibility (Statement of Eligibility) for elementary education (grades 1-6) from the Florida Department of Education. The Statement of Eligibility was valid until July 29, 2000, and (consistent with Rule 6A- 4.004, Florida Administrative Code,) provided, as follows: The State of Florida issues two types of certificates for full-time teaching, a nonrenewable Temporary Certificate valid for two years and a Professional Certificate valid for five years . . . The Temporary Certificate is issued to allow time to complete requirements for the Professional Certificate. Your application for teacher certification has been received and evaluated. Based upon current requirements, you will be eligible for a two-year nonrenewable Temporary Certificate valid for two consecutive school fiscal years covering Elementary Education when: You obtain employment with a Florida public, state supported, or nonpublic school which has an approved system for documenting the demonstration of required professional education competence. Your employer must request issuance of your certificate. Your employer submits a fingerprint card which as been processed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation. If your fingerprint report reflects an arrest record, your file will be referred to Professional Practices Services for further review. Issuance of your certificate will be contingent upon the results of this review . . . . Given her eligibility, Respondent was employed by the Palm Beach County School Board (School Board) as an elementary school teacher on August 20, 1998, and, consistent with the provisions of her Statement of Eligibility, an application was submitted to the Florida Department of Education (Department of Education) for a temporary certificate. Pertinent to this case, the annual contract of employment under which Respondent was employed, provided as follows: This contract is conditioned and based on the assertions by the Employee: * * * (2) That the Employee has completed the requirements and will be legally qualified to teach in the State of Florida upon issuance of a Florida teacher's certificate, for which application has been duly made as evidenced by the official receipt and acknowledgment recorded in the office of the Superintendent, bearing Department of Education file number cited above. In the event that such application is denied, the Employee agrees that the School Board shall be relieved of all obligation under this provision. By letter of April 1, 1999, Tom Gallagher, Commissioner of Education, Department of Education, advised Respondent that her application for a temporary teacher's certificate was denied. 1/ Specifically, the letter stated: Dear Ms. Wright: Your application for a Florida Teacher's Certificate has been carefully considered by the Department of Education and, for the reasons stated in the Notice of Reasons, your application is hereby DENIED pursuant to Section 231.17(5), Florida Statutes, which states in pertinent part: "The Department of Education is authorized to deny an applicant a certificate if it possesses evidence satisfactory to it that the applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate." You may appeal the certificate denial by following the Florida Administrative Procedures Act and Rule 6B-11.005 of the Florida Administrative Code. If you want to appeal the Department's decision, you have TWENTY (20) DAYS from the date this Notice of Denial is RECEIVED to fill in and FILE an Election of Rights Notice of Appeal with the Office of Professional Practices Services . . . . The reasons stated in the Notice of Reasons were as follows: The Department of Education files and serves upon the Applicant, RAMONA BIANCA WRIGHT, its Notice of Reasons for its denial in accordance with the provisions of Section 120.60, Florida Statutes, and as grounds therefore, alleges: On or about July 23, 1995, Applicant was involved in an altercation with a tenant of rental property owned by Applicant and her family. Applicant yelled at the tenant, struck a police officer and smashed some the tenant's dishes. Applicant then refused the request of the police to leave the area. Applicant was arrested and charged with Disorderly Conduct, Battery and Criminal Mischief. On or about October 10, 1996, Respondent pled Not Guilty to the charges. The court withheld adjudication to the charge of Disorderly Conduct, found Applicant Not Guilty of the Battery charge and Nolle Prosequi the remaining charge. The Department of Education charges: STATEMENT OF VIOLATIONS COUNT 1: The applicant is in violation of Section 231.17(3)(c)6., Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. COUNT 2: The applicant is in violation of Section 231.17(5)(a), Florida Statutes, which provides that the Department of Education is authorized to deny an Applicant an educator's certificate if it possesses evidence satisfactory to it that the Applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate. COUNT 3: The Applicant is in violation of Section 231.28(1)(c), Florida Statutes, in that she has been guilty of gross immorality or an act involving moral turpitude. WHEREFORE, the undersigned concludes that RAMONA BIANCA WRIGHT has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke an educator's certificate. It is therefore, respectfully recommended that the Education Practices Commission affirm the Department of Education's denial of the issuance of a teaching certificate to the Applicant based upon the reasons set forth herein, in accordance with the Explanation of Rights form which is attached to and made a part of this Notice of Reasons. Respondent timely filed an election of rights and requested a formal hearing of the Education Practices Commission to contest the Commissioner's decision to deny her application. Section 231.17(10), Florida Statutes. On April 27, 1999, notwithstanding the pendency of Respondent's challenge to the Commissioner's decision and without inquiry of her regarding the status of that matter, the School Board advised Respondent that her employment was terminated. Specifically, the letter of termination stated: Dear Ms. Wright: Please be advised that the School District of Palm Beach County has received notification from the Florida Department of Education (DOE) that your application for a teaching certificate was denied pursuant to Section 231.17(5), Florida Statutes. As a result, your last day of employment with the district is Wednesday, April 28, 1999. Until such time as there is a change in your certification status, you are ineligible for teaching as well as coaching assignments. As you are aware, you have the right to appeal the DOE's decision to deny your application for certification, as outlined in the April 1st letter from the Commissioner of Education. Should you have questions or need clarification regarding the above matter, please contact me at (561) 434-8043. We regret such action is necessary and hope you are successful in your pursuit of other employment opportunities. Consistent with the terms of the letter, Respondent's last day of employment was April 28, 1999, a number of weeks prior to the end of the school year and her contractual term of employment. Respondent's administrative challenge to the Commissioner's decision to deny her application for a temporary certificate was resolved, as between Respondent and the Commissioner of Education, subject to the approval of the Education Practices Commission, by a Settlement Agreement dated September 10, 1999, wherein it was agreed, inter alia, that the Commissioner would issue Respondent the certificate she had applied for. (Petitioner's Exhibit 3) The agreement was subsequently approved by the Education Practices Commission in late October 1999, and Respondent was issued her teacher's certificate in November 1999.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered consistent with the foregoing Findings of Fact and Conclusions of Law, and which accords Respondent all benefits due under her annual contract of employment that was wrongfully terminated. DONE AND ENTERED this 2nd day of June, 2000, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 2nd day of June, 2000.
The Issue The issue is whether the Petitioner is entitled to receive a Florida Educator's Certificate, or whether he should be denied a certificate based on the allegations in the Amended Notice of Reasons dated January 30, 2006.
Findings Of Fact Petitioner, Allen Dubois, (Petitioner or Mr. Dubois) received his bachelor's degree in physical sciences and chemistry, with a minor in mathematics in 1972. From 1972 to 1992, he worked for the United States Postal Service and as a tennis instructor. In 1992, Mr. Dubois received his master's degree in health education and nutrition, and began teaching in New York City high schools. Mr. Dubois was licensed to teach in New York with a certificate of qualification (CQ), the equivalent of a provisional or temporary teaching certificate. In New York, the CQ differs from other types of temporary teaching certificates only because it allows someone who may not be teaching full-time to have additional time to meet the requirements to secure a permanent teaching certificate. In April 1994, Mr. Dubois filed an application with New York State Education Department for a permanent certificate to teach biology and general sciences in grades 7-12. In March 1994, a sixteen-year old female student alleged Petitioner had engaged her in an inappropriate relationship and forced her to have sexual intercourse with him. Mr. Dubois was placed on paid leave through the end of the school year, June 1994. Mr. Dubois denied the allegations, and continues to maintain the allegations are false. He does admit to having had several conversations with the student that made him feel "uncomfortable," that included information about her mother's boyfriend and her showing him pictures of her baby. He concedes that, on a Friday evening following a sports event at the school, she walked with him some distance from the school to his parked car and that he offered her a ride. Mr. Dubois said that as she was getting in the car, "[w]e saw the bus coming and then she decided to take the bus." Mr. Dubois admitted calling the girl's house a day or two after he offered her a ride, but stated that she was not there and he talked to her grandmother. After that, Mr. Dubois continued to have conversations with a member of the girl’s family. The allegations were investigated and presented to a grand jury that, in October or November 1994, failed to indict Mr. Dubois. After he was fired from his job as a teacher by the Board of Education of New York City, Mr. Dubois apparently did not pursue the matter at a hearing, as he could have, but instead moved to Florida in December 1994, where he has lived since then. When he first came to Florida, Mr. Dubois was employed with the State Department of Labor and Employment Security. Among other duties, Mr. Dubois provided seminars and workshops on how individuals could file applications for employment with the State of Florida. Since that time, he has gone on to work for another state agency and, at some time, also taught at a community college in St. Lucie County. On July 22, 2003, Mr. Dubois filed an application for a Florida Educator's Certificate. On the application, he listed his teaching experience in New York City. Question #29 on the application is titled "Revocation" and requires a yes or no response to the following question: "Have you ever had a teaching certificate revoked, suspended or denied by any state, or is there any action pending against your certificate or application? If YES, you must give the state, reason, and year in which your certificate was revoked, suspended, denied, or in which action is pending against your certification or application." Petitioner answered "no" to the question. A letter, dated October 3, 1995, from New York City investigators to the New York State Commissioner of Education indicated that Mr. Dubois was “. . . currently suspended from service.” There is no evidence that the City had the authority to suspend his certificate. In fact, the letter was intended to give notice to the State so that it could take disciplinary action against the certificate. On June 12, 1996, the Commissioner of Education of the State of New York filed a Notice of Substantial Question as to Moral Character, charging Mr. Dubois with having sexual intercourse with the sixteen-year old female student on or about March 25, 1994. The Notice offered an opportunity for a hearing, if requested within 30 days. Mr. Dubois received the Notice, but testified that he did not recall responding to it. He did recognize a letter, in his hand writing, that he must have written on or about September 26, 1996, ". . . acknowledging that New York is questioning my moral character" and asking the New York authorities to contact the attorney who handled the criminal charges against him. Mr. Dubois testified that he had a telephone conversation, in 1998, with an attorney for the New York State Department of Education, who indicated that he had been unable to contact the criminal attorney who previously represented Mr. Dubois. Mr. Dubois testified that, ". . . it was not my intention to pursue a teaching license in New York. At that point in 1998 I was not inclined to want to become a public school teacher." As a result of the telephone discussion, Mr. Dubois entered into an agreement with the New York State Education Department that provides as follows: This is written confirmation of the fact that the parties have agreed to settle this matter and not proceed to a hearing under the provisions of Part 83 of the regulations of the Commissioner of Education. The Education Department will withdraw the Part 83 charges now pending against Allen J. DuBois in return for the surrender of his certificate of qualification of a teacher of biology and general science 7-12 and the withdrawal of his pending application for permanent certificate in the same areas. Allen J. DuBois, by this agreement, neither admits nor denies the allegations in the Notice of Substantial Question dated June 12, 1996, but acknowledges that he is unable to defend against them at this time. Upon surrender, the Department will notify all licensing and credentialing agencies and jurisdictions who participate in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and advise them of the surrender and withdrawal but will not otherwise disclose nor make public the contents of this agreement or the charges contained in the Notice unless required by law or upon an order of a court of competent jurisdiction. Allen J. DuBois reserves his right in the future to apply to the Education Department for certification as a teacher in biology and general science 7-12 or any other area and will be held harmless from any changes in the educational requirements subsequent to the date of this agreement. However, in the event he makes application for certification in the future, the Education Department reserves its rights under Part 83 of the Regulations including the right to hold a hearing on the issues raise in the Notice. In furtherance of this agreement, Mr. DuBois, shall forward the original certification document to the education department within thirty (30) days or, if said document cannot be located, then he will provide a written statement to that effect. As provided in the agreement, the State of New York filed a form with NASDTEC, reporting that the nature of its action on the CQ was a denial. There is no evidence that Mr. Dubois received a copy of the document. Concerning the agreement, Mr. Dubois said, in his deposition, that he felt “railroaded” into signing it without legal advice, and that (although explicit in the agreement) he did not know that there would be a report to some national network that might keep him from ever getting a teaching job any place in the United States. The NASDTEC document that appeared to contradict the information on his application was received by Respondent, prompting a further investigation of his Florida application. Mr. Dubois testified that he answered "no" to Question 29 on the application because he never had a permanent teaching certificate in New York. He denied that he thought his "provisional status" constituted a certificate. He claimed not to ". . . know that New York City passed something on to New York State," although the agreement he signed was with state authorities. In any event, based on the fact that the CQ was surrendered and the application for a permanent teaching certificate was withdrawn, Mr. Dubois maintains that he did not have to respond affirmatively to the question that was so narrowly worded as to only ask about certificates that were "revoked, suspended or denied" and suggested that "[m]aybe the State of Florida . . . needs to reword the questions on the application. " In an Amended Notice of Reasons dated January 30, 2006, Respondent notified Mr. Dubois that the Department of Education intended to deny his application for a Florida Educator's Certificate. The Amended Notice of Reasons cited six statutory violations and four rule violations as grounds for the denial: Statute Violations Count 1: The Applicant is in violation of Section 1012.56 (2) (e), Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. Count 2: The Applicant is in violation of Section 1012.56(12)(a), Florida Statutes, which provides that the Department of Education may deny an Applicant a certificate if the department possesses evidence satisfactory to it that the Applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate. Count 3: The Applicant is in violation of Section 1012.795 (1)(a), Florida Statutes, in that he obtained or attempted to obtain an educator's certificate by fraudulent means. Count 4: The Applicant is in violation of Section 1012.795 (1)(c), Florida Statutes, in that he has been guilty of gross immorality or an act involving moral turpitude. Count 5: The Applicant is in violation of Section 1012.795(1)(f), Florida Statutes, in that he has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. Count 6: The Applicant is in violation of Section 1012.795 (1)(I) [sic], Florida Statutes, in that he has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. Rule Violations Count 7: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(a), Florida Administrative Code, in that Applicant has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety. Count 8: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(e), Florida Administrative Code, in that Applicant has intentionally exposed a student to unnecessary embarrassment or disparagement. Count 9: The allegations of misconduct set forth herein are in violation of Florida Administrative Code Rule 6B-1.006(3)(h), in that Applicant has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment of discrimination. Count 10: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(h), Florida Administrative Code, in that Applicant has exploited a relationship with a student for personal gain or advantage. Respondent offered no competent evidence that Mr. Dubois engaged, as alleged by New York authorities, in any inappropriate relationship with a student and forced her to have sexual intercourse with him. One of Respondent's witnesses testified that she believed the alleged victim has been located and would be available to testify, if needed, but that was not done. Respondent offered no competent evidence that Mr. Dubois' answer to Question 29 was an intentional fraudulent misrepresentation. Mr. Dubois was not credible when he asserted, in a 2006 deposition, (1) that he thought his CQ was not a teaching certificate, (2) that he did not expect New York City to pass information to New York State (although he signed the agreement with the State), or (3) that he was not aware that a report would be sent to a national network. He is correct, however, that the CQ was surrendered and the application was withdrawn, in exchange for not having an action against him proceed to hearing. Because he has no current certificate of application, there is also no action pending against either of these. Without having to answer yes to Question 29, Mr. Dubois did not have to give information concerning the matters that could be the subject of a hearing only if he ever again applies to teach in New York.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is RECOMMENDED that Petitioner be issued a Florida Educator's Certificate. DONE AND ENTERED this 19th day of December, 2008, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 19th day of December, 2008. COPIES FURNISHED: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater, Florida 33761 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 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
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: The Department is a state agency. Petitioner is a male who is now, and was at all times material to the instant case, unmarried. He is a teacher by profession. Since moving to Florida in the summer of 1992, however, he has been unable to obtain a full-time teaching position. Petitioner received a Bachelor of Arts degree from the State University of New York at New Paltz in December of 1984 and a Master of Arts degree (in "teaching/special education") from Manhattanville College in May of 1989. Prior to moving to Florida in the summer of 1992, Petitioner was employed as: a music instructor at the Kingston Conservatory of Music in Kingston, New York (from May of 1984 to September of 1985); a business instructor at the Westchester Business Institute in White Plains, New York (from September of 1985 to June of 1986); a substitute teacher in Pelham, Eastchester, Tuckahoe and Bronxville, New York (from September of 1986 to June of 1988); a music and vocational education teacher of 11 to 15 year old special education students at a public school in New York City (from September of 1989 to March of 1990); a classroom teacher of fourth grade special education students at a public school in the Bronx, New York (from March of 1990 to June of 1990); a classroom teacher of first through third grade special education students at a public school in Yonkers, New York (from September of 1990 to June of 1991); and an integration specialist involved in the provision of educational services to special education students attending public school in and around Jacksonville, Vermont (from February of 1992 to June of 1992). On October 15, 1992, the Department's Bureau of Teacher Certification issued Petitioner a Statement of Eligibility, which provided, in pertinent part, as follows: when: THIS IS YOUR STATEMENT OF ACADEMIC ELIGIBILITY FOR SPECIFIC LEARNING DISABILITIES (GR, K-12), PER REQUEST OF 10-9-92, VALID UNTIL OCTOBER 15, 1994. The State of Florida issues two types of certi- ficates for full time teaching; a nonrenewable Temporary Certificate valid for two years and a Professional Certificate valid for five years. The attached Form CF-106a, FLORIDA TEACHER CERTIFICATION REQUIREMENTS, outlines the criteria for the issuance of these certificates. The Temporary Certificate is issued to allow time to complete requirements for the Professional Certificate. Your application for teacher certification has been received and evaluated. Based upon current requirements, you will be eligible for a two- year nonrenewable Temporary Certificate valid for two consecutive school fiscal years covering SPECIFIC LEARNING DISABILITIES (GRADES K-12) You obtain employment with a Florida public, state supported, or nonpublic school which has an approved Florida Professional Orientation Program and your employer requests issuance of the certificate. Your employer submits a finger print card which has been processed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation. . . Please note that if you are not employed and the issuance of your certificate is not requested by October 14, 1994, your Statement of Eligibility will expire. . . . At all times material to the instant case, there was, on a statewide basis in Florida, as determined by the Department, a "critical" shortage of teachers qualified to teach students with specific learning disabilities (SLD). (There were, however, certain school districts, including the Broward, Palm Beach, Collier and Monroe County school districts, that, because of the relatively high salaries they offered or their attractive geographic location, or for other related reasons, did not have a "critical" shortage of qualified SLD teachers.) The Department's Bureau of Teacher Certification suggested to Petitioner that he take advantage of the services offered by OTRR in his efforts to obtain a teaching position in Florida. OTRR assists teachers seeking employment in Florida by, among other things, providing them with an "information packet" containing: general information concerning Florida's public school system, its students and teachers; a map showing the school districts in the state; the names, addresses and telephone numbers of persons to contact regarding employment opportunities in each school district; other useful telephone numbers; salary information, by district; information concerning Florida's teacher certification process; and information about the Great Florida Teach-In, an annual event (held in late June/early July 1/ ) organized by OTRR at which recruiters from school districts around the state have the opportunity to meet and interview with teachers interested in obtaining teaching positions in their districts. 2/ In addition to this "information packet," OTRR also sends to interested teachers two forms which the teachers are instructed to fill out, sign and return to OTRR: an application to register to participate in the next Great Florida Teach-In; and a Teacher Applicant Referral form. On the Great Florida Teach-In registration application form, applicants are asked to provide the following information: the date of the application; their name, address and telephone number; the date they will be able to commence work; the position(s) sought; whether they hold a valid Florida teaching certificate- if so, in what subject area(s), and, if not, whether they have applied for certification and the subject area(s) in which they expect to receive certification; whether they have taken and passed the Florida Teacher Certification Examination and, if so, which part(s); whether they hold a teaching certificate from another state and, if so, in what subject area(s); whether they have ever had a teaching certificate or license revoked, suspended, or placed on probation and, if so, on what ground(s); whether they have ever been the subject of any disciplinary action and, if so, the nature and date of such action and why it was taken; whether they have ever been dismissed, asked to resign or not had a contract renewed and, if so, the reason(s) therefor; the total number of days they have been absent from school or work in the last three years and the reason(s) for these absences; and all colleges/universities from which they have received degrees, when they attended these institutions, when they graduated, the kind of degrees they received, the subjects they studied (major and minor), and whether their grade point average was higher than 2.5. On the Teacher Applicant Referral form, applicants are asked to provide the following information: the date of the application; their name, address, telephone number and social security number; the date they will be able to commence work; the position(s) sought; whether they hold a valid Florida teaching certificate- if so, in what subject area(s), and, if not, whether they have applied for certification and the subject area(s) in which they expect to receive certification; whether they hold a teaching certificate from another state and, if so, in what subject area(s); whether they are a U.S. citizen and, if not, whether they have a resident alien work permit; and the institutions from which they have received degrees, the kind of degrees they have received, and their major course of study at these institutions. On neither the Great Florida Teach-In registration application form nor the Teacher Applicant Referral form are applicants asked to provide information regarding their sex or marital status. (It may be possible, however, to ascertain an applicant's sex from the name of the applicant appearing on the form.) Following the suggestion of the Department's Bureau of Teacher Certification, Petitioner contacted OTRR. He thereafter received from OTRR an "information packet," as well as a registration application form for the 1993 Great Florida Teach-In (scheduled to be held June 27 through July 1, 1993) and a Teacher Applicant Referral form. Petitioner filled out and signed the Teacher Applicant Referral form on or about November 10, 1992, and returned the completed and signed form to OTRR. On the form, Petitioner indicated, among other things, that he was interested in "Special Education Teacher Type Positions- SLD" and that he was "Florida certified [in] Specific Learning Disabilities." In view of Petitioner's first and middle names (Steve Joseph), both of which he included on the form, it should have been obvious to anyone reviewing the form that it was submitted by a male. Petitioner, however, provided no information on the form suggesting that he was a single male. Petitioner kept a copy of the original completed and signed Teacher Applicant Referral form he submitted to OTRR. On or about October 2, 1993, he signed the copy and sent it to OTRR. At all times material to the instant case, it was the routine practice of OTRR to take the following action in connection with completed and signed Teacher Applicant Referral forms it received: Information on the forms was inputted and stored in OTRR's computer system. The forms (and copies thereof made by OTRR) were then filed in alphabetical order and by subject area. They remained on file for approximately a year, after which they were purged. When a school district contacted OTRR seeking help in its efforts to fill a particular teaching position, 3/ OTRR would pull the forms of all those applicants who, based upon the subject area of the position sought to be filled and any other criteria specified by the school district, appeared (from the information contained on their forms) to meet the needs of the school district. Copies of these forms, along with a computer printout containing the names, addresses, telephone numbers, certification status and citizenship of these applicants, were sent to the school district. On occasion, information concerning these applicants was provided to the school district over the telephone. At no time did OTRR fail to refer an applicant to a school district because the applicant was a male or was single. 4/ OTRR did not deviate from its routine practice in its handling and treatment of either the original Teacher Applicant Referral form that Petitioner submitted on or about November 10, 1992, or the re-signed copy of the original he submitted on or about October 2, 1993. (Petitioner, however, has not been contacted by any school district purporting to have received his name from OTRR.) 5/ Petitioner also filled out and signed the registration application form for the 1993 Great Florida Teach-In and sent it to OTRR, 6/ but he did not do so in a timely manner. (The application was dated June 27, 1993, the date the 1993 Great Florida Teach-In began.) Petitioner did not attend the 1993 Great Florida Teach-In, nor did he attend the event in any subsequent year. Petitioner has applied for teaching positions at public schools in Broward County (where he has resided since he moved to Florida in the summer of 1992), Dade County, Palm Beach County, Collier County, Monroe County and one other Florida county (located in the northern part of the state). He also has applied for teaching positions at at least one Florida private school, Lighthouse Point Academy, which is located in Broward County. Notwithstanding these efforts on his part, Petitioner has not received any offers of full-time, permanent employment and he remains unemployed. 7/ Petitioner has not taken any part of the Florida Teacher Certification Examination. The Statement of Eligibility that the Department's Bureau of Teacher Certification issued Petitioner on October 15, 1992, expired on October 15, 1994. The Department did not in any way discriminate against Petitioner on the basis of his sex or marital status.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order dismissing Petitioner's amended unlawful employment practice complaint on the ground that the evidence is insufficient to establish that the Department committed the unlawful employment practice alleged therein. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 14th day of August, 1996. Officer Hearings 1550 STUART M. LERNER, Hearing Division of Administrative The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399- (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Hearings Division of Administrative this 14th day of August, 1996.
The Issue Whether Petitioner's application for certification should be denied for the reasons set forth in the Notice of Reasons.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Petitioner is an applicant for a Florida Educator's Certificate. On April 17, 2004, at the Kendall campus of Miami-Dade Community College (College), Petitioner sat for the general knowledge portion of the certification examination (Test), which included an essay question. In advance of the Test, Petitioner was informed in writing of, among other things, the following: In its continuing effort to assure fairness and equity in examination administration conditions, the Florida Department of Education is putting into written form those activities that have been, and continue to be, regarded as cheating by, or on behalf of, an examinee. The specific items represent cheating activities encountered throughout the history of the Department's assessment programs, but do not preclude the Department from appropriate action in cases of cheating that do not fall under a specific item. These guidelines are applicable to the Florida Teacher Certification Examinations program . . . . Section 1 defines those behaviors that constitute cheating. Section 2 lists materials, equipment and other aids that examinees are prohibited from using during the examination. . . . Section 1: Cheating Cheating is any unauthorized activity that impairs or alters the circumstances of the examination as a measure of the knowledge or skills it was designed to assess, including but not limited to the following: * * * c. Bringing, or attempting to bring, into the examination room, materials, equipment, or information in any tangible form that could be used to provide unauthorized assistance in responding to examination questions or directions. * * * f. During the examination, using or attempting to use, prohibited aids, as identified in Section 2. * * * Section 2: Prohibited Aids The following aids are prohibited during examination administration: . . . papers of any kind, including scratch paper; . . . * * * Annette Lorenzo, a College employee, was the "room supervisor" in the room in which Petitioner took the Test. Ms. Lorenzo was assisted by another College employee, Gladys Manrique, "who was "working as a proctor" in the room. When Petitioner arrived in the room the morning of the Test, she was checked in by Ms. Lorenzo, who assigned her a seat near the front of the room. Upon being told of her seat assignment, Petitioner "pointed to the last seat of the last row" and asked if she could sit there instead. Ms. Lorenzo "said, 'Okay, no problem,' and [Petitioner] went and sat down in that seat." After "checking everybody in," Ms. Lorenzo read "instructions for the exam" to the examinees (including "go[ing] through all the guidelines on what constitute[d] cheating, as well as what [was] and [was] not allowed in the room"), and, with Ms. Manrique's help, handed out the testing materials. Testing then began (at approximately 8:45 a.m.). Ms. Lorenzo and Ms. Manrique "walk[ed] around the room, up and down the aisles," to "mak[e] sure that nobody [was] cheating or using anything [prohibited]" while the test was being administered. As she was doing so, during the essay portion of the Test, Ms. Lorenzo noticed Petitioner periodically "looking into her [cupped] left hand [which was positioned on the desk in front of her, just above her answer booklet, and appeared to contain tissues] while she was writing" in the booklet with her right hand. Ms. Lorenzo observed Petitioner's engaging in this suspicious conduct for "[a]t least ten minutes." During this time, Ms. Lorenzo was "staring at [Petitioner], watching her very closely." When she eventually made eye contact with Ms. Lorenzo, Petitioner moved her hands towards her face and "made a noise like she was blowing her noise." She then closed her left hand into a fist and continued writing with her right hand. Ms. Lorenzo advised Ms. Manrique that she suspected that "something [was] going on" with Petitioner, and she asked Ms. Manrique to "take a look." Ms. Manrique observed Petitioner for approximately five minutes, after which she reported back to Ms. Lorenzo that she "believe[d] there [was] something going on as well." Ms. Lorenzo then "walked to the back of the room and stood to the right of Petitioner." From her vantage point, Ms. Lorenzo noticed "sticking out the bottom of [Petitioner's left] hand," which was "still in a fist," not only tissues, but "paper with some writing on it." Upon making this observation, Ms. Lorenzo asked Petitioner to show her "everything [Petitioner] had in her hand."3 Petitioner's immediate response was to "[u]s[e] her right hand [to] grab[] the tissues out of her left hand," which she then quickly closed into a fist again. She gave the tissues she had transferred from her left to right hand to Ms. Lorenzo, explaining that she had "just tissues" and nothing else. Ms. Lorenzo, however, knew otherwise and demanded that Petitioner open her left hand. Petitioner complied, revealing the paper that Ms. Lorenzo had seen "sticking out" of the hand when it was clenched. The paper was the size of a "small note [pad] sheet." It was crumpled from being held tightly by Petitioner. On the paper was a complete essay that that Petitioner had written before entering the examination room. The essay was entitled, "A Place to Visit: San Antonio Park."4 Ms. Lorenzo took the paper, as well as Petitioner's testing materials, including Petitioner's answer booklet, from Petitioner. In her answer booklet, Petitioner had written an essay about San Antonio Park, substantial portions of which were identical, word for word, to what was on the paper that Ms. Lorenzo had confiscated from Petitioner's left hand. Petitioner had knowingly brought this paper into the examination room with the intent to use it as an aid in answering the essay question on the general knowledge portion of the Test,5 and she carried out this intent once the Test began.6 As Petitioner started to "g[e]t a little bit loud," Ms. Lorenzo escorted her from the room and took her to see Juan Meza, the College's testing director.7 On the way to Mr. Meza's office, Petitioner insisted that she had not cheated and "begg[ed] [Ms. Lorenzo] to let her go finish the exam." Ms. Lorenzo responded that Petitioner's "test [was] over for today." After Ms. Lorenzo had told Mr. Meza that she had "found [Petitioner] cheating," Mr. Meza spoke to Petitioner and told her that she could not "continue taking the test" because she had been caught cheating. Petitioner denied to Mr. Meza that she had been cheating. Mr. Meza, in turn, informed Petitioner that he would send an "irregularity report" to the Department and that the Department would "make [a] decision" as to whether she had been cheating and then "contact her to let her know what [was] going on." As promised, on or about April 19, 2004, Mr. Meza sent an "irregularity report" to the Department (along with the materials that Ms. Lorenzo had taken from Petitioner in the examination room). On April 26, 2004, the Department sent the following letter to Petitioner: This letter is in response to information I have received from staff at Miami Dade College, Kendall campus confirming that you failed to follow testing procedures during the administration of the General Knowledge Test on April 17, 2004. Along with the admission ticket you received for the examination, you received a letter that outlines the State's policy on cheating. Section 1 (c) and (f) and Section 2 state the following: "Section 1: Cheating Cheating is any unauthorized activity that impairs or alters the circumstances of the examination as a measure of the knowledge or skills it was designed to assess, including but not limited to the following: c. Bringing, or attempting to bring, into the examination room, materials, equipment, or information in any tangible form that could be used to provide unauthorized assistance in responding to examination questions or directions. * * * f. During the examination, using or attempting to use, prohibited aids, as identified in Section 2. Section 2: Prohibited Aids The following aids are prohibited during examination administration: Timex Data Link™ wrist watch; electronic pager; cellular telephone; pocket organizer; electronic writing pen or pen-input device; any electronic device with an alphabetic keyboard; dictionary or other books; ruler; papers of any kind, including scratch paper; slide rule; protractor; compass; laptop computer; calculator watch, or calculator except those calculators provided at the test center for the following tests: Mathematics 6-12, the math portion of Middle Grades Integrated Curriculum (MGIC), Middle Grades Mathematics 5-9, Chemistry 6-12, Physics 6-12, and the math subtests of the General Knowledge Test." As a result of your failure to abide by this policy, the score on the Essay subtest of the General Knowledge Test under your name and Social Security number . . . for the April 17, 2004, test administration has been invalidated. By copy of this letter, I am also informing Professional Practices Services and the Bureau of Educator Certification of this decision. This decision means that you have yet to fulfill the State's requirements for a passing score on the Essay subtest of the General Knowledge Test. You are entitled to dispute this decision through legal administrative procedures. If you wish to do so, you must send a written request for an administrative hearing in accordance with the provisions of Section 120.57(1), Florida Statutes. The written request must be postmarked within twenty (20) calendar days of the date you receive this letter and submitted to the following address: . . . . If you fail to submit the written request within the specified time period, you will have waived the opportunity to contest the decision through administrative proceedings, and the score invalidation decision will be final, subject only to judicial review pursuant to Section 120.68, Florida Statutes. Petitioner responded by sending a letter to the Department, which read (verbatim) as follows: I have received your letter about the problem I had the day of test. I'm so sorry about the day. In 20 years of being a teacher, I never had that kind of problem. That day I had a bad cold and when I finished my test, the only thing that I had to do was to check it, but I was coughing badly and I took a napkin that was inside my bag on the floor, but together with the napkin came out a paper. I took both in my hand. I put my hand up, because I knew that if the teacher saw me in this moment I got in trouble, but it was too late. The teacher came to me, asked for the paper and the napkin and without I could explain anything. She took to the supervisor and explained everything to him. He told he had to follow the rules, then he had to report the incident. So I think I should have an opportunity to do my tests again. The Commissioner subsequently notified Petitioner that her application for certification was being denied because she had "attempted to cheat" on the essay portion of Test "by referring to a complete essay she had in her possession when she entered the room." This denial of Petitioner's application for certification is the subject of the instant proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order sustaining the denial of Petitioner's application for certification. DONE AND ENTERED this 30th day of August, 2005, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 30th day of August, 2005.
The Issue The issue is whether Petitioner’s Petition for Relief should be dismissed for failure to allege facts sufficient to invoke the jurisdiction of the Florida Commission on Human Relations (the “FCHR”) under section 760.10, Florida Statutes.1 1 Citations shall be to Florida Statutes (2020) unless otherwise specified. Section 760.10 has been unchanged since 1992, save for a 2015 amendment adding pregnancy to the list of classifications protected from discriminatory employment practices. Ch. 2015-68, § 6, Laws of Fla.
Findings Of Fact The Department is an employer as that term is defined in section 760.02(7). The Petition for Relief alleges the following ultimate facts, which are accepted as true for purposes of ruling on the Motion: I believe I have been discriminated against based on my race (Black), sex (male), and age (over 40). I also believe I am being retaliated against for filing a complaint with Florida Commission on Human Relations and in Federal Court. I have been working within the Gadsden County School system since January 2008 as a substitute teacher and have teaching experience. Around or on October 2020, I applied for a Social Studies position and was not offered an interview by the principal because DOE deliberately and maliciously held clearance letter to deny employment. Section 760.10 titled “Unlawful employment practices,” is the statute under which the FCHR exercises jurisdiction of the Petition for Relief. Section 760.10(1)(a) states that it is an unlawful employment practice for an employer to discriminate against any individual “with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.” The Motion states that Petitioner is not, and never has been, an employee of the Department. Respondent’s Chief of Human Resource Management, David Dawkins, conducted a system-wide search and verified that Petitioner has never been employed by the Department. Mr. Dawkins’s affidavit to that effect was attached to the Motion. Mr. Jones did not contest the contents of Mr. Dawkins’s affidavit. The Motion also references section 760.10(5) as a possible avenue under which Mr. Jones might seek relief against the Department. Section 760.10(5) provides: Whenever, in order to engage in a profession, occupation, or trade, it is required that a person receive a license, certification, or other credential, become a member or an associate of any club, association, or other organization, or pass any examination, it is an unlawful employment practice for any person to discriminate against any other person seeking such license, certification, or other credential, seeking to become a member or associate of such club, association, or other organization, or seeking to take or pass such examination, because of such other person’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. In theory, the Department’s alleged “deliberate and malicious” withholding of Mr. Jones’s “clearance letter,” i.e., a Temporary Certificate to teach, could constitute a violation of section 760.10(5). However, the Department pointed out that after Mr. Jones applied for a Florida Educator Certificate, the Department sent him an “Official Statement of Status of Eligibility” on October 12, 2017. A copy of the Department’s letter to Mr. Jones was attached to the Motion. The letter informed Mr. Jones that he was eligible for a Temporary Certificate covering Social Science (Grades 6-12), if he completed the following requirements and documented them to the Bureau of Educator Certification (“BOE”): verification of employment and request for issuance of certificate on the appropriate certification form from a Florida public, state supported, or nonpublic school which has an approved Professional Education Competence Program. results of your fingerprint processing from the Florida Department of Law Enforcement and the FBI. Your employer will assist you in completing the fingerprint process. If your application or fingerprint report reflects a criminal offense or suspension/revocation record, your file will be referred to Professional Practices Services for further review. Issuance of your certificate will be contingent upon the results of this review. The Motion states that Mr. Jones submitted only the results of his fingerprint processing to BOE. Therefore, BOE was legally precluded from issuing a Temporary Certificate to Petitioner. Attached to the Motion was the affidavit of Daniel Moore, Chief of BOE, attesting to the fact that a request for issuance from a Florida public, state supported, or nonpublic school which has an approved Professional Education Competence Program is required in order for BOE to issue a Temporary Certificate. Mr. Moore’s affidavit is confirmed by Florida Administrative Code Rule 6A-4.004(1)(a)2., requiring verification of full-time employment by a Florida school district before a Temporary Certificate may be issued. Mr. Jones did not contest the contents of Mr. Moore’s affidavit. Based on the foregoing, the Motion requests entry of a summary recommended order of dismissal because Mr. Jones’s pleadings and admissions of fact, including those in his response to the Motion, are facially and conclusively insufficient to prove that he was ever an employee of the Department, or that the Department’s failure to issue a teaching certificate to Mr. Jones was based on anything more than the ministerial operation of the Department’s own rule. Mr. Jones’s response to the Motion does not address, and therefore appears to concede, the Department’s statement that he is not and has never been an employee of the Department. Mr. Jones did not allege that he has ever been an employee of, or an applicant for employment by, the Department. Mr. Jones’s response does not address the fact that the Department’s rule forbids it to issue a Temporary Certificate without verification of full- time employment. Rather, Mr. Jones pursues an argument alleging that the denial was somehow based on his criminal record and that denial on that basis is discriminatory because of the disproportionate percentage of African American and Latino citizens who have criminal records in comparison to Caucasians. Mr. Jones claims that the Department’s stated reason for denying him a Temporary Certificate was pretextual and that the actual reason was racial discrimination premised on his criminal record. In a related case, Mr. Jones has alleged that the Gadsden County School Board declined to hire him because of his criminal record, and that this declination was a pretext for discrimination based on race, age, and/or sex. The merits of Mr. Jones’s case against the local school board and its subsidiary institutions are not at issue here. The question in this case is whether the Department had anything to do with Mr. Jones’s failure to gain employment by the Gadsden County School Board. The undisputed facts establish that the Department’s role in this process was purely ministerial. Had Mr. Jones secured employment, the school that hired him would have requested the issuance of a Temporary Certificate by the Department. By operation of rule 6A-4.004(1)(a)2., the Department would have issued the Temporary Certificate. The Department had no role in the decisions of the local school officials to hire or not hire Mr. Jones. It is found that Mr. Jones has not alleged facts sufficient to state a case against the Department under section 760.10, and that he would not be able to prove at hearing that he was ever an employee of the Department, or that the failure to issue a Temporary Certificate to Mr. Jones was anything more than the Department’s following the requirements of its own rule.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that the Department of Education did not commit any unlawful employment practices and dismissing the Petition for Relief filed in this case. DONE AND ENTERED this 13th day of July, 2021, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 Dan Saunders Florida Department of Education Turlington Building, Room 101 325 West Gaines Street Tallahassee, Florida 32399 Ronald David Jones 1821 McKelvy Street Quincy, Florida 32351 Paula Harrigan, Esquire Department of Education Suite 1544 325 West Gaines Street Tallahassee, Florida 32399-0400 Cheyanne Costilla, General Counsel Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020
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 The issue in this case is whether Respondent violated Sections 231.28(1)(a), (c), (d), and (i), Florida Statutes (1997), and Florida Administrative Code Rule 6B-1.006(5)(a) and (h) by having his teaching certificate permanently revoked in New Jersey for dealing in stolen property and failing to disclose the revocation on the application for renewal of his Florida teaching certificate. (All chapter and section references are to Florida Statutes (1997) unless otherwise stated. Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)
Findings Of Fact Petitioner is the state agency responsible for regulating certified teachers in the state. Respondent holds Florida Educator's Certificate Number 165660. Respondent's Florida teaching certificate is valid through June 10, 2001. On January 13, 1994, the State of New Jersey permanently revoked Respondent's educator's certificate in New Jersey for dealing in stolen cars with a student, for failing to report his criminal arrest to the New Jersey Board of Education (the "Board"), and for failing to notify the Board of the progress and status of the matter. Respondent was represented by counsel in an administrative proceeding that lasted over two years. The Board and the Township of Irvington in Essex County, New Jersey, filed charges against Respondent on October 18, 1991. Respondent filed an answer and affirmative defenses. On January 15, 1992, the Board referred the matter to the Office of Administrative Law to conduct an administrative hearing. An Administrative Law Judge (the "ALJ") conducted an administrative hearing on September 15 through October 1 and on December 15, 1992. During the hearing, Respondent testified in his own behalf. In relevant part, the ALJ found that Respondent knowingly and intentionally acquired, possessed, and used stolen cars. The ALJ further found that Respondent executed a false bill of sale for one of the vehicles, forged one of the owner's signatures, applied for and obtained fraudulent registrations for the stolen vehicles, was involved in dealing in stolen cars with a student, failed to notify the Board of his arrest for dealing in stolen property, and failed for many months thereafter to apprise the Board of the status of the matter. The ALJ recommended that Respondent should forfeit his tenured teaching position and be dismissed from his position. The Initial Decision of the ALJ was forwarded to the New Jersey Commissioner of Education (the "Commissioner"). Respondent filed exceptions to the ALJ's findings and conclusions. Respondent's exceptions were considered by the Commissioner. By Final Decision entered on June 9, 1993, the Commissioner accepted the findings and conclusions of the ALJ which found Respondent guilty of receiving and dealing in stolen automobiles with a student and for failing to disclose his arrest. The Commissioner ordered that a copy of the Final Decision be forwarded to the State Board of Examiners for its review and, in its discretion, further appropriate action. The Commissioner mailed a copy of its Final Decision on June 9, 1993. However, the documentary evidence does not show the addressee or address of the mailing. On September 23, 1993, the Board of Examiners issued an Order to Show Cause why Respondent's educator's certificate should not be revoked. On October 13, 1993, the Board of Examiners mailed the Order to Show Cause both by U.S. Mail and by certified mail. The evidence does not show the addressee or the address of the mailing. The certified mail was returned unclaimed. Respondent did not contest the Order to Show Cause. On January 13, 1994, the Board of Examiners permanently revoked Respondent's educator's certificate in New Jersey. On March 1, 1994, the Board of Examiners mailed a copy of the order of revocation. The evidence does not show the addressee or the address of the mailing. On June 26, 1996, Respondent submitted an application for renewal of his professional Florida Educator's Certificate. By sworn statement, Respondent certified that the responses to questions and information in the application for renewal were true, correct, and complete. In relevant part, the renewal application asked: Have you ever had a teaching certificate revoked . . . by a state other than Florida . . . . If YES, you must give the state where your certificate was revoked. . . . Respondent answered "yes" to the question on the renewal application. However, Respondent gave Florida as the state in which his certificate had been revoked and then represented that his teaching certificate had been reinstated. In the application for renewal of his Florida teaching certificate, Respondent failed to disclose the revocation of his teaching certificate in New Jersey. Respondent knew, or should have known, that his teaching certificate in New Jersey had been revoked. Respondent had constructive knowledge of the revocation of his teaching certificate in New Jersey. The evidence creates a rebuttable inference that Respondent knew, or should have known, of the revocation of his New Jersey teaching certificate. Respondent failed to present evidence to rebut the inference. Failure to disclose the revocation of his New Jersey teaching certificate on the application for renewal of his Florida teaching certificate was a reckless and careless disregard for the truth.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order finding Respondent guilty of violating Sections 231.28(1)(a), (c), (d), and (i), and Rule 6B-1.006(5)(a) and (h), and permanently revoking Respondent's teaching certificate in Florida. DONE AND ENTERED this 4th day of October, 1999, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1999. COPIES FURNISHED: Kathleen M. Richards, Executive Director Educational Practices Commission Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Program Director Professional Practices Commission Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Carl Zahner, Esquire Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399 Matthew K. Foster, Esquire Brooks, LeBoeuf, Bennet & Foster, P.A. 863 East Park Avenue Tallahassee, Florida 32301 Howard O. Smith 1304 West 7th Street Sanford, Florida 07071
