The Issue Whether the Respondent should deny of the application filed by the Petitioner seeking a Florida Educator's Certificate.
Findings Of Fact Prior to April 13, 1996, the Petitioner and Mr. Benjamin Williams had been involved in a personal relationship during which they dated for approximately eighteen months. On the evening of April 13, 1996, Mr. Williams spoke by telephone with the Petitioner about telephone calls he had been receiving in which concerns were expressed that the Petitioner's brother had the HIV virus. Later on the evening of April 13, 1996, the Petitioner went to Mr. Williams' residence located at 716 North Bronough Street, Tallahassee, Florida. Mr. Williams had not invited the Petitioner to his apartment, and she was not expected as indicated by the fact that Mr. Williams was entertaining another woman at that time. The Petitioner insisted on talking to Mr. Williams, and insinuated herself into the apartment. After entering Mr. Williams' home, an argument ensued. The testimony regarding the subsequent events is contradictory. Mr. Williams testified that he asked the Petitioner to leave his home, and she refused. Mr. Williams retrieved a container of spray deodorant from his bathroom which he sprayed on the Petitioner in an effort to make her uncomfortable and encourage her to leave his home. According to Mr. Williams, the Petitioner removed a large knife from beneath her clothing, which she held in front of her. Mr. Williams concluded that he needed to physically remove the Petitioner from his home. Mr. Williams testified that, as he was attempting to push the Petitioner through the open door and out of his home, he was cut diagonally across the forehead and under his left eye. After Mr. Williams pushed the Petitioner out the door and locked it, the Petitioner hurled a brick through the window of Mr. Williams' front door. The brick narrowly missed Mr. Williams. Both parties agree this occurred. After placing a call to 911, Mr. Williams testified he went outside where he observed the Petitioner kneeling next to the right front tire of his automobile which was parked on the street. Mr. Williams said he heard a hissing sound, and when he inspected his automobile the next day he found he had a flat front right tire. The Petitioner denies the events occurred as described by Mr. Williams. She denied cutting Mr. Williams with a knife and slashing his tire. The Petitioner testified that after she was ejected from Mr. Williams' house and was in her car, Mr. Williams pounded on her windshield and broke it. He admitted this. She said he went inside his apartment, after breaking her windshield, and she threw a brick at his door in anger and frustration. Tallahassee Police Officer Patrick Lynch responded to the 911 call placed by Mr. Williams at approximately 1:00 a.m. on April 13, 1996. Officer Lynch observed that the glass window in the front door was broken out, and that the glass was lying on Mr. Williams' living room floor. A red brick was also lying on the floor of his living room. Mr. Williams was bleeding from a cut on his face. Officer Lynch called an ambulance. The ambulance's emergency medical technicians attended to Mr. Williams. He refused their offer to transport him to the hospital. Officer Lynch later drove Mr. Williams to the hospital for evaluation. The information provided by Mr. Williams to Officer Lynch at the scene was consistent with his testimony at the formal hearing held in this cause. Upon inspection of Mr. Williams' automobile, Officer Lynch found that the right front tire had been cut and was flat. Officer Lynch did not find a knife at the scene. The Petitioner was located and arrested. The Petitioner was charged by Officer Lynch with aggravated battery, criminal mischief, and throwing a deadly missile into a building. On December 13, 1996, the State Attorney for the Second Judicial Circuit of Florida filed an amended information charging the Petitioner with the criminal offenses of Aggravated Battery with a Deadly Weapon, Throwing a Deadly Missile into a Building, and Criminal Mischief. On December 21, 1996, the Petitioner was tried by jury and found guilty of throwing a deadly missile into a building. On January 22, 1997, the Circuit Court of Leon County, Florida, entered an Order withholding adjudication of guilt and placing the defendant on probation. This Order placed the Petitioner on probation for a period of one year with multiple conditions. The Petitioner satisfied all the terms of her probation. The Petitioner has been teaching in the state's prison education system. Her students are female inmates. She has a good work record, enjoys her work, and wants to continue to teach there. On or about January 12, 1998, the Department of Education received an application for a Florida Educator's Certificate which the Petitioner signed on December 5, 1997. On the application the Petitioner indicated that she had been arrested and charged with throwing a deadly missile for which she indicated adjudication was withheld. Based upon this information, the application was forwarded to the office of Professional Practices Services. Mr. Lew Wagar, an investigator with the Professional Practices Services, contacted the Petitioner and requested certified copies of all court documents related to the reported criminal case. This request was a routine part of the application process. The Petitioner was cooperative with Mr. Wagar and provided him with certified copies of criminal records related to an earlier arrest in Tallahassee in 1989. The Respondent stipulated at hearing, however, that the 1989 incident would not constitute a basis for denial of Petitioner's application. Based upon the certified court records received concerning the 1996 arrest and criminal prosecution, the Department recommended to the Respondent that the Petitioner's application be denied. The Respondent, Commissioner of Education, accepted the recommendation of denial of the Petitioner's application. On September 9, 1998, the Respondent notified the Petitioner in writing of his decision to deny her application. A copy of the Notice of Reasons was included with the letter. The Notice of Reasons set forth the specific grounds for denial of Petitioner's application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That Petitioner's application for a Florida Educator's certificate be granted with conditions limiting her to adult education in the state's prison system. DONE AND ENTERED this 6th day of May, 1999, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Vonda Kaye Bowman 1913 Karen Lane Tallahassee, Florida 32304 J. David Holder, Esquire Post Office Box 489 STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1999. DeFuniak Springs, Florida 32435 Kathleen Richards, Executive Director Education Practices Commission 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
Findings Of Fact Based on the Respondent's admissions in the Election of Rights form and on the exhibits and testimony received at the hearing, I make the following findings of fact: The Respondent holds Florida Teacher's Certificate No. 554716 covering the subject of Spanish, issued September 29, 1986, and valid through June 30, 1991. At all times material hereto, the Respondent taught in the Hillsborough County, Florida, school district at Middleton Junior High School. On or about March 23, 1981, the Respondent was arrested by the Lumberton, North Carolina, Police Department and charged with forgery. On or about June 6, 1984, the Respondent submitted an Application for a Teaching Position to the Hillsborough County (Florida) Public Schools in which she certified that she had never been arrested for a criminal offense. On or about June 28, 1984, June 27, 1985, and July 23, 1985, the Respondent submitted applications for teacher's certificates to the Department of Education of the State of Florida in which she certified that she neither had been convicted, nor had adjudication withheld, of a criminal offense. On or about December 10, 1986, the Respondent was arrested by the Tampa (Florida) Police Department and charged with grand theft and uttering a forged instrument. On or about May 28, 1987, the Respondent entered a plea of guilty before the Circuit Court of Hillsborough County, Florida, to one count of grand theft in violation of Section 812.014(2)(b), Florida Statutes, and 18 counts of uttering a forged instrument in violation of Section 831.02, Florida Statutes. Said court thereupon adjudicated the Respondent guilty of said felonies and sentenced her to six months community control and four and one-half years probation. On or about February 23, 1988, the Respondent was arrested by the University of South Florida Police Department, Tampa, Florida, and charged with four counts of uttering a forged instrument. In or about May, 1988, the Respondent was adjudicated guilty by the Circuit Court of having violated the terms of her probation in violation of Section 948.06, Florida Statutes, and she was sentenced to three years in prison.
Recommendation Based on all the foregoing, it is RECOMMENDED that the Education Practices Commission issue a Final Order finding the Respondent guilty of the violations described in the foregoing conclusions of law and permanently revoking the Respondent's Florida teaching certificate. DONE and ENTERED this 22nd day of March, 1989, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 22nd day of March, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2993 The following are my specific rulings on all of the proposed findings submitted by all parties: Findings proposed by Petitioner Paragraphs 1 and 2: Accepted Paragraphs 3, 4, and 5: Rejected as not supported by clear and convincing evidence. (The evidence in support of these proposed findings does not even reach the level of competent substantial evidence.) Paragraphs 6, 7, and 8: Accepted. Paragraph 9: Rejected as not supported by clear and convincing evidence, and as contrary to the greater weight of the evidence. Paragraph 10: Rejected as irrelevant in view of the lack of proof regarding paragraph 9. Paragraphs 11 and 12: Accepted in substance, with some incorrect details modified. Paragraphs 13 and 14: Accepted. Paragraph 15: Accepted in substance with some unnecessary details omitted. Findings proposed by Respondent (None.) COPIES FURNISHED: Rosemary E. Armstrong and Catherine Peek McEwen 401 South Florida Avenue Post Office Box 3273 Tampa, Florida 33601-3273 Iris Locklear Zapata Florida Correctional Institution Post Office Box 147 Lowell, Florida 32663 Karen B. Wilde, Executive Director Education Practices Commission 418 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Commission 319 West Madison Street, Room 3 Tallahassee, Florida 32399
The Issue The issue presented is whether Petitioner's application for a Florida Teacher's Certificate should be granted.
Findings Of Fact Petitioner is 45 years of age and is employed by the Dade County Public Schools as a fourth-grade teacher, in the position of substitute teacher. On March 28, 1983, Petitioner was arrested for solicitation of prostitution, a misdemeanor. The following morning Petitioner pled nolo contendere to that misdemeanor and paid a fine. Adjudication was withheld. In 1990 Petitioner's attorney filed a Motion to Seal and Expunge Records in that case. On February 19, 1990, the County Judge entered an Order Expunging and Sealing Criminal Records, granting that Motion. That Order contains specific findings that Petitioner was never adjudicated guilty of the charge for which he was arrested, that Petitioner had not secured a prior records expunction or sealing, and that Petitioner had never previously been adjudicated guilty of a criminal offense or comparable violation. That Order provided for the expungement of Petitioner's criminal history records and restored him to the status occupied before his arrest. Lastly, that Order specifically provided that Petitioner could thereafter . . . lawfully deny or fail to acknowledge the events covered by the expunged or sealed records, except in the following circumstances: When the Defendant is a candidate for employment with a criminal justice agency; When the Defendant is a Defendant in a criminal prosecution; When the Defendant subsequently petitions for release under Florida Statute 943.058; or When the Defendant is a candidate for admission to the Florida Bar. After that Order was entered, Petitioner's attorney told him the contents of that Order, told him to write down the four situations in which Petitioner would have to admit that he had been arrested, and advised Petitioner that other than those four situations, Petitioner was to proceed as though the arrest had never happened. Effective July 1, 1992, the Legislature amended the statute regulating the sealing and expunging of criminal history records by specifying two additional situations in which a criminal history must be disclosed even though the record remained expunged. One of the two additional situations requires disclosure when the person whose criminal record has been expunged. Is seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity which licenses child care facilities. No one told Petitioner that the statute had been expanded to cover situations involving employment by a School Board and licensure by the Department of Education. In February of 1993 Petitioner was still unaware that the statute had been so amended. In February of 1993 Petitioner completed and filed with the Department of Education his Application for Florida Educator's Certificate. That application form contained the following question: Have you ever been convicted, found guilty, or entered a plea of nolo contendere (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. Please attach a separate sheet if you need more space. Petitioner answered "No" to that question. In February of 1993 Petitioner completed and filed with the Dade County Public Schools his Application for Teaching Position. That application form contained the following question: 4. Have you ever been convicted, fined, imprisoned, or placed on probation in a criminal proceeding? Include any and all offenses for which you have been convicted, not limited to those outlined in School Board Rule 6Gx13-4C-1.021 and including offenses for any type of drugs, including marijuana, and court-martial while in military service. (Include those convictions where the court records are sealed or expunged.) Petitioner answered "No" to that question. At the time that Petitioner completed, swore to, and submitted both of those applications, Petitioner believed that he was legally entitled to deny his 1983 misdemeanor arrest except in the four situations enumerated in the Order Expunging and Sealing Criminal Records. Moreover, Petitioner believed that he, like all other persons and agencies, was actually under a court order not to disclose his arrest other than in those four situations. At the time that Petitioner completed, swore to, and submitted those applications, he believed that he was providing legally correct information. Petitioner did not intend to provide incorrect, false, or fraudulent information when he answered the questions pertaining to his criminal record in the negative. Other than the 1983 misdemeanor arrest, Petitioner has never been arrested for any criminal activity.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered granting Petitioner's application for issuance of a Florida Teacher's Certificate. DONE and ENTERED this 3rd day of June, 1994, at Tallahassee, Florida. LINDA M. RIGOT 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 3rd day of June, 1994. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 93-6529 Petitioner's proposed findings of fact numbered 1-3 and 5-11 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed finding of fact numbered 4 has been rejected as not constituting a finding of fact. Respondent's proposed findings of fact numbered 1-10 have been adopted either verbatim or in substance in this Recommended Order. COPIES FURNISHED: William Du Fresne, Esquire Du Fresne and Bradley, P.A. Suite One 2929 Southwest Third Avenue Miami, Florida 33129 Robert J. Boyd, Esquire Bond & Boyd, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Karen B. Wilde, Executive Director Education Practices Commission The Florida Education Center 325 West Gaines Street, Room 301 Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros Department of Education General Counsel The Capitol, PL-08 Tallahassee, Florida 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
