The Issue The issue is whether Petitioner is entitled to the issuance of a teacher certificate despite two convictions for driving under the influence, including one for manslaughter, and the failure to disclose on her application two teenaged offenses--one resulting in a petit theft conviction for shoplifting and one resulting in a dismissed charge for giving false information of an accident.
Findings Of Fact By application dated April 12, 1995, Petitioner applied for an Florida educator’s certificate from Respondent. By Notice of Reasons dated August 7, 1995, Respondent rejected the application. In the Notice of Reasons, Respondent stated that on July 7, 1980, Petitioner pleaded guilty to petit theft in Lee County, for which she was sentenced to six months’ probation and $221.05 in fines and costs; on September 3, 1981, Petitioner pleaded no contest to a charge of giving false information of accident, as to which the court dismissed the charge; on July 16, 1987, Petitioner drove her vehicle while intoxicated and had an accident that killed her passenger, for which she was adjudicated guilty of driving under the influence and manslaughter and sentenced to three years in jail, 12 years’ probation, counseling, 50 hours of community service, limited driving privileges, and $250 in court costs; and Petitioner submitted an application for a Florida educator’s certificate notarized on August 12, 1994, and, in responding to a question as to convictions or no-contest pleas, disclosed the DUI/manslaughter conviction, but not the conviction for petit theft and no contest plea to giving false information of accident. With leave of the administrative law judge, Respondent amended the Notice of Reasons to add the additional reason that, on July 19, 1995, Petitioner operated a motor vehicle while under the influence. On December 13, 1995, she was convicted of her second offense of driving under the influence of alcohol and sentenced to 270 days in jail, a $1000 fine, permanent revocation of her driver’s license, one year’s probation, and $230 in court costs. The Notice of Reasons states that Section 231.17(1)(c)6 requires good moral character of holders of Florida educator’s certificates. Section 231.17(5)(a) authorizes Respondent to deny an application for an educator’s certificate if he possesses evidence that the applicant has committed an act for which the Education Practices Commission would be authorized to revoke the certificate. The Notice of Reasons asserts that Petitioner has been guilty of gross immorality or moral turpitude, in violation of Section 231.28(1)(c); a conviction of a criminal charge, other than a minor traffic violation, in violation of Section 231.28(1)(e); a violation of the Principles of Professional Conduct for the Teaching Profession, as set forth in the Department of Education (DOE) rules; failure to maintain honesty in all of her professional dealings, in violation of Rule 6B-1.006(5)(a); submission of fraudulent information on documents in connection with professional activities, in violation of Rule 6B-1.006(5)(h); and making fraudulent statements or failure to disclose a material fact on her application for a professional position, in violation of Rule 6B-1.006(5)(i). Petitioner admits all of the factual assertions in the Notice of Reasons through the manslaughter conviction for driving under the influence. As to the 1994 application, Petitioner admits the basic facts, but denies that the omissions constituted the submission of fraudulent information. The question to which Petitioner responded asks: Have you ever been convicted, found guilty, or entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? . . . Failure to answer this question accurately could cause denial of certification. Petitioner also denies all allegations contained in the Notice of Reasons that she acted fraudulently. As to the petit theft, Petitioner was 18 years old at the time and living at her parents’ home, when, in June 1980, she and a friend shoplifted an item at a local department store. Her parents picked her up from the store. Petitioner pleaded guilty to the charge. The court found her guilty and sentenced her to six months’ probation and $221.05 in fines and costs. Petitioner has never been involved in a similar incident. In September 1981, when 19 years old, Petitioner pleaded no contest to the charge of giving false information of accident, and the court dismissed the charge. The record does not disclose any details concerning this charge. When preparing the 1994 application, Petitioner neglected to mention the charges from when she was in her teens because she was preoccupied with the effect of the disclosure of the much more serious matter of the DUI--manslaughter. The conviction for shoplifting and the dismissal of a charge of giving false information of accident, to which Petitioner nonetheless had pleaded guilty, are not material omissions. The failure to include such items, without evidence of some fraudulent intent, does not establish a lack of integrity on Petitioner’s part. As to the driving under the influence/manslaughter conviction, Petitioner does not contest that she was at fault for causing the death of her passenger, who was her best friend, nor that Petitioner was under the influence of alcohol at the time of the accident. Following the accident, Petitioner became involved in education efforts to prevent drunk driving, especially among younger drivers. She spoke to teenagers at various programs around Lee County and tried to increase public awareness of the devastation caused by drinking and driving. She gave up drinking for about five years. Petitioner successfully completed the Florida Teacher Certification Examination on January 22, 1994, and obtained her bachelor of arts from the University of South Florida College of Education on May 2, 1994. She completed her internship at Cape Elementary School in Lee County on May 2, 1994. From August 1994 to November 1995, Petitioner was employed at Gulf Elementary School as a specific learning disabilities (SLD) teacher under principal Martin Mesch. For the 1994-95 school year and two or three months of the 1995-96 school year, Petitioner demonstrated many of the attributes of a successful teacher. She projected a caring presence in the classroom while still maintaining a professional distance that allowed her to maintain order in the challenging setting of an SLD classroom. She volunteered for the Young Writers’ Program and went out of her way to reach out to children from poorer families. She was an active part of the school, where her two children also attended. Mr. Mesch opined that Petitioner’s past problems have not affected her ability to teach and would recommend to the School Board that she return to teach at his school. Aware of the details that contribute to effective teaching, Mr. Mesch immerses himself in the teaching that takes place at his school and appears to be a keen judge of teaching talent. In his opinion, Petitioner is an extraordinary teacher, whose problems, if known to parents and students, would not impair her effectiveness as a teacher. Mr. Mesch, who has served as principal or assistant principal at Gulf Elementary School for 15 years, also understands the community that his school serves. He is aware of local community values, and he emphasizes that good moral character and teacher effectiveness are based on the totality of the circumstances, not on isolated facts. Petitioner’s tenure at Mr. Mesch’s school ended when she resigned in November 1995 to begin serving her sentence due to the second DUI charge. She resigned at Mr. Mesch’s sensible suggestion, in order to spare the school, herself, and her children adverse publicity. She served more than 200 days in jail from December 1995 to July 1996. Petitioner disputes the underlying facts of the 1995 arrest and conviction for the second DUI offense. Although the law enforcement officer at the scene may have confused some of the details of the incident, Petitioner has not shown that she was not driving under the influence of alcohol and has not successfully mitigated the effects of the second conviction. Petitioner admits that she had consumed an alcoholic beverage a couple of hours prior to when she was stopped. Petitioner declined a breathalyzer test without a witness present, claiming that she did not trust the arresting officer or presumably the officer who would have administered the breathalyzer test. If she had not been drinking excessively, Petitioner made a bad choice when she declined to take the breathalyzer test. More likely, she made the bad choice a few minutes earlier when she decided to drive her car after drinking more than the single drink to which she admits. Since the 1995 arrest in July, Petitioner has abstained from the use of alcohol and enrolled in Alcoholics Anonymous. Petitioner has continued with treatment, last having been treated by a therapist with Southwest Florida Addiction Services in December 1996, when she successfully completed its program. Petitioner suffers from the illnesses of alcohol abuse and bipolar disorder, but, provided she continues to receive counseling as needed, these conditions do not impair her effectiveness as a teacher. In his proposed recommended order, Respondent does not seek permanent denial of the application, but asks that the application be denied for a period of ten years. In her proposed recommended order, Petitioner asks for the immediate issuance of her educator’s certificate subject to restrictions, such as random testing, continued counseling, and probation. There is no evidence whatsoever to suggest that Petitioner abused alcohol during the school day. The evidence conflicts as to whether she can ever regain her driving privileges; Petitioner testified that she believes that she can. The evidence does not suggest that Petitioner has lost her effectiveness in the classroom or that she has been guilty of moral turpitude in the omissions from the 1994 application or the two convictions for driving under the influence, including the first one for manslaughter. The main issue in this case is to determine the effect of two convictions for driving under the influence--eight years apart--where the first one resulted in the death of another person. It is difficult to reconcile Petitioner’s expressions of remorse and edification resulting from the first incident with the occurrence of the second incident, even if the second incident were no more than driving after consuming a single drink--though, more likely, it was more than one drink. On the other hand, Mr. Mesch is a strong witness on Petitioner’s behalf. He works daily in the elementary school setting where Petitioner would likely return to work, if she were to receive her educator’s certificate. And Mr. Mesch displays no reservations about returning Petitioner to the classroom. In effect, by not introducing expert testimony to counter Mr. Mesch’s testimony, Respondent relies solely on the inference that two convictions for driving under the influence--with the former conviction also involving manslaughter--ought to suffice to deny Petitioner her certificate for ten years.
Recommendation It is RECOMMENDED that the Department of Education enter a final order granting Petitioner an educator’s certificate, effective one year from the date that the final order becomes final and subject to the following restrictions: Petitioner shall never operate a motor vehicle on the campus of a primary or secondary private or public school in Florida, including in transporting her children to school; Petitioner, in her capacity as a teacher, shall never transport any schoolchildren, except her own children, to or from school or on any school trips; Petitioner shall obtain addiction and behavioral counseling, whenever and for as long as or as frequently determined by the counselor to be needed; and another conviction for driving under the influence shall result in the permanent revocation of her certificate. ENTERED in Tallahassee, Florida, on June 4, 1997. ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings on June 4, 1997. COPIES FURNISHED: Frank T. Brogan Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Michael H. Olenick General Counsel Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 John J. Chamblee, Jr. Law Offices of John J. Chamblee, Jr. 202 Cardy Street Tampa, Florida 33606 Attorney Bruce P. Taylor 501 First Avenue North, Suite 600 St. Petersburg, Florida 33701
The Issue Should the State of Florida, Education Practices Commission impose discipline against the Respondent for sexual misconduct with a student.
Findings Of Fact The Respondent held Florida Teaching Certificate No. 686332, covering the area of emotionally handicapped education, which was valid through June 30, 2002. At all times pertinent hereto, the Respondent was employed as a teacher at Bayonet Point Middle School in Pacso County School District. A.Y. was an emotionally handicapped student who had been a student of the Respondent in the 1999-2000 school year. Between June and December 2000, when A.Y. was 13 years old, the Respondent engaged in an inappropriate relationship with A.Y. This relationship included kissing, fondling, and on more than one occasion the Respondent's digital penetration of A.Y.'s vagina. On or about December 15, 2000, the Respondent was observed meeting A.Y. at a library when she got into his car and drove away. He later claimed he was counseling her. The Respondent was charged with two counts of committing lewd and lascivious acts with a minor as a result of his behavior with A.Y. On November 26, 2001, the Respondent entered a plea of guilty to both counts. The Respondent was adjudicated guilty on both counts, and sentenced to eight years in prison, followed by seven years of probation, concurrently on each charge. James Davis, the Director of Human Resources for the School Board of Pasco County where the Respondent taught, testified. Mr. Davis was a certified teacher with many years of experience and testified about professional standards and the impact of the Respondent's acts upon the school system. For a teacher to enter into a sexual relationship with a student, especially a young, emotionally handicapped student, is very harmful to the student emotionally and academically. A.Y. became defensive, and then felt guilty that she had caused the Respondent to get into trouble. Furthermore, such conduct destroys the faith the parents and other community members have in the educational system. There were articles in the newspaper about the situation which were adverse to the educational environment. The parents of A.Y. were very angry about the acts committed by the Respondent. The Respondent, when questioned by administrative staff for the Pasco School District, admitted he made an error in meeting A.Y., but denied any other inappropriate conduct.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered permanently denying the Respondent a teaching certificate. DONE AND ENTERED this 27th day of February, 2003, in Tallahassee, Leon County, Florida. 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 27th day of February, 2003. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 James C. Howard Gulf Correctional Institution 500 Ike Steele Road Wewahitchka, Florida 34655 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400
Findings Of Fact Thomas Pelley, the Respondent, holds Florida Teaching Certificate No. 318598, Standard, Rank III, valid through June 30, 1982, covering the area of furniture repair. The Respondent was employed during the 1978-79 school year in the public schools of Orange County at the Westside Adult Center in Winter Garden, Florida, as an instructor in furniture upholstery. The then Florida Professional Practices Council received a report from officials of the Orange County School System indicating that the Respondent had allegedly misappropriated school funds to his personal use. Pursuant to Rule 6A-4.37, Florida Administrative Code, an inquiry was conducted into the matter and a report made to the Professional Practices Council which culminated in the Commissioner of Education finding probable cause to file a proceeding against the Respondent, which probable cause finding was entered on November 5, 1979. The Respondent and his students typically engaged in the repair and re- upholstery of furniture brought in by members of the public at a reduced price as part of the training program in the occupation of re-upholstery. The procedure for payment for this re-upholstery work was that the customers wrote a check after Mr. Pelley wrote a "training order" and then Mr. Pelley was to submit the customer's money to the school bookkeeper in order to requisition material for the re-upholstery work involved. At the conclusion of the job the customer would come to the school office and pay for whatever charges were left for the labor and take custody of the furniture. Mr. Pelley did not comply with that procedure, however, with regard to customers Vicki Teal, Carol Johnson, and Winifred Good. In these instances involving work done for these customers, the Respondent was paid by the customers directly. The Respondent was fully informed of the proper procedure for payment by the customers for upholstery work. Customer Vicki Teal complained on one occasion that a sofa she had left to be re-upholstered had the wrong material installed on it and that Mr. Pelley had refused to replace the materials with those that she had actually ordered. Ms. Good and Ms. Johnson similarly complained about the workmanship on the furniture they had left to be repaired. With all three of these customers, the office personnel at the school discovered that they had no record that the customers had ever ordered work to be done by the Respondent and his students, nor that they had purchased anything, until they came forward with their cancel led checks for the same. Each of the checks was endorsed by Mr. Pelley. The subject checks from these three customers totaled $515.29, the funds represented which were received by the Respondent and never turned over to officials of the school, the bookkeeper of the school nor anyone employed by the Orange County School Board for proper accounting and use. Rather, the Respondent converted all of the monies collected to his own personal use. Witness House, who worked with the Respondent at the same school and who was his superior, has had long experience in the education profession and in teaching and dealing with students. He established that such conduct is not a proper example to students and is sufficiently notorious to bring the Respondent and the education profession into public disgrace and disrespect, especially in view of the several members of the public directly involved and victimized by the Respondent's misdeeds. It should be pointed out that at the times pertinent hereto, the Respondent was in severe financial straits due to medical expenses incurred by his wife being stricken with cancer.
Recommendation Having considered the foregoing findings of fact, conclusions of law, and pleadings and arguments of counsel for the Petitioner, it is, therefore, RECOMMENDED: That Respondent be found guilty of wrongfully converting monies to his own use that rightfully belonged to the Orange County School Board, which conduct constitutes gross immorality or an act involving moral turpitude and seriously reduces the Respondent's effectiveness as an employee of the School Board; and that the Respondent's Teaching Certificate be revoked for one (1) year. DONE and ENTERED this 19th day of March, 1982, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of th Division of Administrative Hearing this 19th day of March, 1982. COPIES FURNISHED: J. David Holder, Esquire BERG AND HOLDER Post Office Box 1694 Tallahassee, Florida 32302 Mr. Thomas Pelley 149 Silver Star Road Ocoee, Florida 32761 Donald L. Griesheimer Executive Director Education Practices Commission Department of Education 125 Knott Building Tallahassee, Florida 32301
The Issue Whether Respondent submitted work that demonstrated a high degree of overlap between his submission and that of another candidate when applying for National Board Certification, and what disciplinary action, if any, should be taken against his educator certificate.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Reveron holds Florida educator certificate 442908, which covers the areas of Elementary Education and English for Speakers of Other Languages (ESOL). The certificate is valid through June 30, 2013. Reveron has been employed as a teacher at Dania Elementary School in Broward County, Florida, since 2003. Catherine Wires (Wires) was a colleague of Reveron’s at Dania Elementary. During all times material to the instant case, Wires and Reveron taught fourth grade, and were involved in an on-again, off-again intimate relationship. During the 2007-2008 school year, Reveron and Wires decided to apply for National Board Certification through the National Board for Professional Teaching Standards (NBPTS). To qualify for such certification, candidates must submit four portfolio entries. In preparing their respective submissions, Reveron and Ms. Wires helped each other, and taught essentially the same curriculum. According to the instructions given by the National Board, the entire portfolio had to consist of the candidate’s own work. Collaboration with a colleague was permitted, but the actual written work submitted was to be authored solely by the candidate submitting the portfolio. The portfolios were due to the National Board on a Saturday in March 2008. The day before, Reveron was working in the after-school care program. In an effort to save time, he gave his flash drive, which contained his four entries, to Ms. Wires and asked Ms. Wires to print out all of his documents. He was hoping she could print all four entries, so that when he finished his work at 6:30 p.m., he could simply place them in his portfolio and mail the package. Ms. Wires did as Reveron asked, and printed Reveron’s four entries, which she found on his flash drive. That same afternoon, Ms. Wires printed her submissions for the certification. She used the same computer when printing her documents and Reveron’s documents. After he finished working, he collected the four entries that had been printed by Ms. Wires, placed them in the portfolio without checking them, and mailed them to the National Board. The National Board, in March 2009, notified Reveron that his scores would not be released because the Board identified a high degree of overlap between Reveron’s submission and that of another candidate. Reveron was notified that he would not be permitted to seek certification in the future, but that he could request a review of the decision. Reveron never requested such a review. At issue in this case is Reveron’s submission #3, which consisted of fourteen pages. There is no dispute that the entry was almost identical to Ms. Wires’ entry #3, and had been written by Ms. Wires. There were a few areas where Reveron and Wires’ submissions varied, namely, the candidate identification numbers, the classroom demographic information, and the description of a group of students in terms of their gender, seating, and clothing. The only explanation provided for the overlap in the submissions was that it was a printing and packaging error. Ms. Wires, while in the process of printing her submissions and Reveron’s submissions off of the same computer, inadvertently printed the wrong document when she believed she was printing Reveron’s entry #3. Instead of Reveron’s entry #3, Ms. Wires printed her own entry #3. Reveron never reviewed the contents of the portfolio prior to mailing the package to the Board. Thus, there was a printing and packaging error that caused the “high degree of overlap” between Reveron and Wires’ entries. At hearing, no explanation was provided as to why differences existed between Reveron and Ms. Wires’ entries. In her deposition, however, Ms. Wires explained that she was in a rush to gather all the documents needed for the portfolios that afternoon, and that she must have accidently printed one of the rough drafts of her entry #3 when she thought she was printing Reveron’s entry #3. Absent from the record is any evidence of Reveron acting dishonestly or knowingly submitting fraudulent information to the National Board. Based on the evidence in the record, the overlap in the entries appears to be a result of a careless mistake.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Department of Education dismiss the Administrative Complaint against Respondent. DONE AND ENTERED this 22nd day of November, 2011, in Tallahassee, Leon County, Florida. S JESSICA ENCISO VARN 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 22nd day of November, 2011.
The Issue Whether there are sufficient grounds for the imposition of disciplinary sanctions against Respondent?s teaching certificate, and if so, the nature of the sanctions.
Findings Of Fact The Florida Education Practices Commission is the state agency charged with the duty and responsibility to revoke or suspend, or take other appropriate action with regard to teaching certificates as provided in sections 1012.795 and 1012.796. § 1012.79(7), Fla. Stat. Petitioner, as Commissioner of Education, is charged with the duty to file and prosecute administrative complaints against individuals who hold Florida teaching certificates and who are alleged to have violated standards of teacher conduct. § 1012.796(6), Fla. Stat. Respondent holds a teaching certificate issued by the Florida Department of Education, No. 608837, covering the areas of pre-kindergarten and primary education. Respondent?s current teaching certificate was issued as a result of the entry of a September 18, 2007, Settlement Agreement that resolved an initial denial of the teaching certificate for a series of pleas or convictions for financial crimes, including Public Assistance Fraud. The Settlement Agreement authorized the issuance of Respondent?s teaching certificate subject to a letter of reprimand and a two-year period of probation. The Settlement Agreement was adopted by the Education Practices Commission by Final Order entered on January 25, 2008. Respondent was employed by the Gadsden County School Board in various positions since 2005, most of them being as a teacher at the elementary school and kindergarten level. Respondent received instructional employee evaluation ratings of “very effective” for the 2006-2007 school year, and of “effective” for the 2007-2008, 2008-2009, and 2009-2010 school years. Respondent was suspended from teaching by the Gadsden County School Board on January 3, 2011 for issues relating to her December 21, 2010, arrest for drug-related offenses. The suspension was upheld at a meeting of the Gadsden County School Board on January 25, 2011. Respondent was rehired as a Gadsden County substitute teacher in February, 2011, and worked in that capacity at two schools until December 2012. The decision to rehire was made to accommodate Respondent with lawful employment so as to meet the terms of her probation. Administrative Complaint On November 30, 2012, Petitioner issued the Administrative Complaint that forms the basis for this proceeding. The Administrative Complaint identified the offenses that underlie the five specified counts. Resisting an Officer - September 29, 2007 On September 29, 2007, Officer Clark was in the process of effectuating an arrest of Respondent?s son at a convenience store located near Respondent?s home. According to Officer Clark, Respondent?s son was resisting efforts to place him in handcuffs. While Officer Clark was attempting to take Respondent?s son into custody, Respondent appeared on the scene and attempted to intervene in the incident. The nature of the intervention is disputed. When a back-up officer arrived, Officer Clark instructed him to take Respondent into custody. The only evidence of the disposition of the charge of resisting an officer was a printout of the case docket from the website of the Leon County, Florida Clerk of Court. The printout is hearsay, and comes within no exception to the hearsay rule set forth in section 90.803, Florida Statutes. Disposition of the charge of resisting an officer was not supported by competent, substantial, and non-hearsay evidence. Thus, no finding can be made to substantiate that charge. Driving Without a Valid License - January 2, 2010 On January 2, 2010, Respondent was driving her vehicle in Tallahassee. She was stopped by Officer Hurlbut for a traffic infraction. Respondent presented Officer Hurlbut with a Florida driver?s license. When Officer Hurlbut ran the driver?s license through his onboard computer, he discovered that the driver?s license produced by Respondent was not current, and that Respondent?s driver?s license had been suspended. Officer Hurlbut issued a citation and notice to appear to Respondent, and seized her expired driver?s license and her automobile tag. On April 14, 2010, Respondent entered a plea of no contest to a charge of operating a motor vehicle without a valid driver?s license, a second-degree misdemeanor, was adjudged guilty, and was placed on probation for a period of six months. Driving Without a Valid License/Violation of Probation - September 26, 2010 On September 26, 2010, Respondent was stopped by Highway Patrol Sergeant Teslo for driving without a seatbelt. Respondent had no identification. Sergeant Teslo asked Respondent to write her name and date of birth on a sheet of paper so that he could run it through his onboard computer. The name and birthdate provided by Respondent were not those of Respondent. When Sergeant Teslo determined that the name and birthdate were not those of Respondent, he returned to her car, whereupon Respondent provided him with her real name and birthdate. When Sergeant Teslo ran Respondent?s name and birthdate, he discovered that Respondent was operating her vehicle while her driver?s license was suspended. He issued a traffic citation, and waited for a licensed driver to come and pick up Respondent. As a matter of discretion, Sergeant Teslo did not charge Respondent with providing false information. On September 30, 2010, an affidavit of probation violation was executed which alleged that Respondent violated her April 14, 2010, sentence of probation by driving with a suspended license. A warrant was issued, and Respondent was taken into custody. Respondent entered a plea of no contest to a reduced charge of operating a motor vehicle without a valid driver?s license. Adjudication was withheld. Drug Offenses - December 9, 2010 On December 9, 2010, after a period of investigation and surveillance of Respondent?s home, the Tallahassee Police Department executed a search warrant for the home. Respondent was not at the home when the search was conducted. Respondent arrived at her home while the search warrant was being executed. There were numerous police cars around the house. Respondent asked a neighbor to watch the house and retrieve the keys when the search was done while she took her pit bulldog, which had been Tasered during the execution of the warrant, to the veterinarian. The neighbor later called Respondent to advise her that drugs were found during the search. Thus, the search and its results were openly known in the area. During the execution of the search warrant, two of Respondent?s sons were taken into custody. The search of the home uncovered a significant quantity of powdered and crack cocaine, cannabis, and various articles of paraphernalia located in rooms throughout the home, including the kitchen and Respondent?s bedroom. On December 21, 2010, Respondent was arrested for a number of drug-related offenses. On February 11, 2011, an Information was filed charging Respondent with trafficking in controlled substances, a felony of the first degree; sale or possession of controlled substances with intent to sell within 1000 feet of a convenience store, a felony of the first degree; sale or possession of controlled substances with intent to sell within 1000 feet of a convenience store, a felony of the second degree; and possession of paraphernalia, a misdemeanor of the first degree. On November 15, 2011, Respondent entered into a deferred prosecution agreement for the charged offenses subject to Respondent?s compliance with various terms of the agreement. Public Assistance Fraud - July 25, 2012 On July 6, 2012, an affidavit was executed by Department of Economic Opportunity Investigator Marshall, in which it was alleged that Respondent made false statements that she was unemployed and not receiving wages or benefits from June 19, 2010 through February 26, 2011, so as to qualify for reemployment assistance benefits for which she was otherwise not eligible. Respondent asserted that she was, in fact, unemployed during the summer of 2010, since her annual contract expired at the conclusion of the 2009-2010 school year, and was not renewed until the commencement of the 2010-2011 school year. She further asserted that she was suspended without pay commencing on January 26, 2011. However, the evidence is undisputed that Respondent was employed and receiving wages for, at a minimum, the start of the 2010-2011 school year1/ until January 26, 2011. On July 25, 2012, an Information was filed charging Respondent with Unemployment Compensation Fraud, a felony of the third degree, for making false statements to obtain or increase benefits under Florida unemployment compensation laws. On November 2, 2012, Respondent entered a plea of nolo contendere to the felony charge of unemployment compensation fraud, was adjudicated guilty, was placed on probation for a period of five years, and was ordered to pay restitution to the Florida Reemployment Compensation Trust Fund in the amount of $7,972.00 and to pay an additional $750 in court costs.
Recommendation Upon consideration of the findings of fact and conclusions of law reached herein, it is RECOMMENDED that Petitioner enter a final order permanently revoking Respondent?s teaching certificate, No. 608837. DONE AND ENTERED this 16th day of December, 2013, in Tallahassee, Leon County, Florida. S E. GARY EARLY 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 16th day of December, 2013.
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
