The Issue Whether Petitioner’s applications for a Florida Educator’s Certificate (teaching certificate) should be denied on the grounds set forth in the Notice of Reasons issued by Respondent on April 20, 2005.
Findings Of Fact At times relevant to this proceeding, Petitioner was employed as a behavioral specialist by Tri-County, an entity that provided certain employees to the School Board. Pursuant to his employment with Tri-County during the 2003-04 school year, Petitioner worked at Port St. Lucie High School (PSLHS) in a classroom for students who had been identified by the School Board’s Exceptional Student Education (ESE) Program as being severely emotionally disturbed (SED). Petitioner has never been employed directly by the School Board. Petitioner’s position with Tri-County did not require that he have a teaching certificate. Likewise, the work Petitioner did in the SED class pursuant to the contract between Tri-County and the School Board did not require that he have a teaching certificate. For reasons that were not revealed at the formal hearing, the SED teacher with whom Petitioner worked left his or her employment during the school year. As a result of the teacher’s absence, Petitioner took over the SED for a short period of time. There was no evidence that Petitioner’s continued employment was dependent on his having a teaching certificate. The school administration of PSLHS was required to annually check the certification of each teacher at the school and to submit to the School Board a report listing any educator who was teaching outside of his or her certified field. This report is called an “out of field” report. For the school year 2003–04, Ms. Brooks, the assistant principal of PSLHS, was required to prepare the out-of-field report for the school. Ms. Brooks initially listed Petitioner as teaching out of field. However, while preparing the out of field report, Ms. Brooks discovered what appeared to be a temporary teaching certificate bearing Petitioner’s name (the subject certificate). The subject certificate reflected that Petitioner was certified in ESE for grades K-12 for the period July 1, 2002, through June 30, 2005. Ms. Brooks located the subject certificate in a binder that contained photocopies of teaching certificates for all of the PSLHS instructional personnel. The subject certificate looked suspicious to Ms. Brooks because it had no certification number on it and because Petitioner’s name was written in a different font than the font that is typically used on teacher’s certificates. Ms. Brooks promptly reported the suspicious certificate to Ms. Thompson at the School Board office. Ms. Thompson immediately called Ms. White at the Florida Department of Education (FDOE) offices in Tallahassee. Upon investigation with the FDOE, it was discovered that the subject certificate was fraudulent. The FDOE has never issued a teaching certificate to Petitioner of any kind. Ms. Brooks testified that photocopies of teaching certificates are provided to the school by teachers and that as far as she knew, no one other than the teacher would have a copy of the teacher’s teaching certificate. It is clear from her testimony that Ms. Brooks was referring to certified teachers with properly-issued teaching certificates. It is also clear from her testimony that Ms. Brooks had no first-hand knowledge as to how or when the subject certificate was placed in the binder. Petitioner testified that he did not provide the school the subject certificate. Petitioner testified that he did not know who would have provided the subject fraudulent teaching certificate to the PSLHS and offered no other explanation as to its existence. The undersigned concludes that the evidence presented by Respondent is insufficient to establish that Petitioner furnished the subject certificate to the administration of PSLHS.3 Petitioner applied to FDOE for a teaching certificate on two occasions. Neither application has been processed to completion. On December 19, 2001, Petitioner applied for a teaching certificate in the field of athletic coaching. On December 22, 2003, Petitioner applied for a teaching certificate in the field of physical education. Those teaching certificates were never issued because Petitioner’s prior criminal history caused Professional Practices Services (PPS) to place a hold on his applications4 and because Petitioner has not provided an official transcript documenting his college degree.5 Those reasons were in addition to the reasons set forth in the Notice of Reasons dated April 20, 2005.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order adopting the Findings of Fact and Conclusions of Law set forth herein. It is further RECOMMENDED that the final order deny Petitioner’s applications for teaching certificates. DONE AND ENTERED this 9th day of June, 2006, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 9th day of June, 2006.
Findings Of Fact The Petitioner filed an application for a Florida educator's certificate with the Respondent on June 17, 1989. In Section III of his application, Petitioner indicated that he held a permanent teaching certificate from the State of New York that entitled him to teach nursery, kindergarten and grades one through six. Petitioner signed his application for certification under oath, and thereby certified that all information contained therein was true, correct and complete. On October 14, 1988, the Petitioner was served with a formal notice that proceedings were being instituted by the Commissioner of Education for the State of New York based on allegations that he had falsely claimed to the Greenport Union Free School District where he was employed in New York that he held certification as a school administrator and supervisor. Rather than participate in a formal hearing on this charge, Petitioner stated his intention to voluntarily surrender his teaching certificate in the State of New York by letter dated December 16, 1988. However, when he failed to surrender his official credentials and file a statement of surrender, the Petitioner was informed by letter from the New York Department of Education dated January 13, 1989, and delivered to his last known address by certified mail, that his teaching certificate would be revoked unless he surrendered his certificate and filed the required statement. Petitioner did not comply with this request, and as a result, his New York teaching certificate was revoked on March 28, 1989. The evidence in the record establishes that at the time Petitioner filed his application for Florida certification on June 17, 1989, he did not hold a valid teaching certificate in the State of New York. He had attempted to surrendered his teaching certificate on December 16, 1988, rather than participate in a formal hearing on charges of misconduct. When he failed to comply with the requirement of the New York Department of Education that he relinquish his actual teaching certificate and file a letter of surrender, his certificate was formally revoked on March 28, 1989. Petitioner knew, or should have known, that the information he provided, under oath, in Section III of his application for a Florida educator's certificate was untrue, incorrect and incomplete. Petitioner never challenged the action of the New York Commissioner of Education regarding the revocation of his teaching certificate in that state. He had been placed on notice that his failure to relinquish his teaching certificate and to file a letter indicating his desire to surrender his certificate would lead to revocation. Although the Petitioner sought in this case to discredit and contradict the allegations made against him in New York, the finality of the action taken in New York cannot be collaterally attacked in this proceeding. The merits of those allegations were never litigated in New York because Petitioner chose not to proceed to hearing. He cannot now, in Florida, attempt to litigate the allegations which he had every opportunity to contest in New York, but which he decided not to contest. His New York certificate was revoked due to his failure to surrender his credentials and to file a letter of surrender, as he had agreed to do on December 16, 1988, and that action is final and not subject to challenge in this proceeding. At hearing, Petitioner claimed that he had moved from New York to Virginia in early 1989, and never received the letter dated January 13, 1989, from the New York Department of Education warning him of the revocation of his New York license if he did not relinquish his credentials and file a letter of surrender, as he had stated he wished to do. However, this letter was sent to his last address of record in New York, by certified mail, and was signed for by a "J. Brown." Section VII of Petitioner's Florida application provides a character reference on Petitioner's behalf by "James G. Brown" who represents himself on said application to have been a friend of Petitioner's for 16 years, and whose address is shown as the same as Petitioner's last known New York address. Therefore, notwithstanding Petitioner's denial of having received the letter dated January 13, 1989, warning of revocation of his New York certificate, it is found that such notice was delivered to his last known address, and was received by the same person that Petitioner would have Respondent accept as a character reference on his behalf. Notice of the actual revocation of his New York license was also sent to Petitioner's last known address in New York. It can only reasonably be inferred that Petitioner's friend of 16 years, J.Brown, told him of the certified mail he had received and that, therefore, Petitioner had knowledge of the actual status of his New York certificate at the time he gave false information on his Florida application. Petitioner only reluctantly admitted, at hearing, that the information he provided in Section III of his Florida application was incorrect and untrue. Instead, he insisted that he had not intended to be misleading, but had simply not read the application carefully and had been hurried when he completed the form by signing it on June 17, 1989. By his demeanor and testimony, it is clear that Petitioner does not appreciate the importance of providing true, correct and complete information on an application for a Florida educator's certificate.
Recommendation Based upon the foregoing, it is recommended that Respondent's denial of the Petitioner's application for an educator's certificate be AFFIRMED by the Education Practices Commission. RECOMMENDED this 4th day of October, 1990 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-1405 Petitioner filed a Summary of Evidence, which has been considered, rather than Proposed Findings of Fact on which specific rulings can be made. Rulings on the Respondent's Proposed Findings of Fact: 1-2. Adopted in Finding 1. Adopted in Findings 4 and 6. Adopted in Findings 2 and 3. Adopted in Findings 2 through 5. Adopted in Findings 3 and 6. COPIES FURNISHED: J. David Holder, Esquire 1408 North Piedmont Way Suite 100 Tallahassee, FL 32312 Clifford J. Evert, Sr. 8420 S.W. 3rd Court Apt. 201 Pembroke Pines, FL 33025 Karen B. Wilde, Exec. Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399 Martin Schaap, Administrator Professional Practices Services 325 West Gaines Street, Room 352 Tallahassee, FL 32399
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint; and 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: At all times material to the instant case, Respondent held Florida teacher's certificate number 581280, covering the area of art education. Her certificate was valid through June 30, 1998. During the 1996-97 school year, Respondent was employed by the Broward County School Board (School Board) as an art teacher. This was her first year of teaching. In February of 1997, Respondent was reassigned from another school in the district to McNabb Elementary School (McNabb). Diane Lang is now, and has been for the past four years (including the 1996-97 school year), the Principal of McNabb. From the outset, Respondent had difficulty controlling students in her classroom at McNabb. Principal Lang attempted to help Respondent improve her classroom management skills. Her efforts, unfortunately, were to no avail. Principal Lang also received complaints concerning Respondent's use of profanity in the classroom. On February 25, 1999, Principal Lang reprimanded Respondent in writing for having engaged in such inappropriate conduct in front of her students. Late in the school day on April 21, 1997, when Respondent was in the art room teaching Ashley Russom's fifth- grade class, a student from another fifth-grade class, R. M., who was misbehaving in music class (being held across the hall), was sent by the music teacher to the art room for a "time out." When R. M. entered the art room, Respondent sarcastically announced to her students, "Look, it's my favorite student." Respondent then approached R. M., took him by the arm, and pulled him across the room to a chair. When he reached the chair, R. M. tripped and fell on the floor. He then picked himself up and, pursuant to Respondent's directions, sat on the chair. Respondent then returned to teaching the class. She was interrupted, however, when R. M. started making faces and distracting the students in the class. Respondent responded to R. M.'s disruptive conduct by again approaching him, taking him by the arm, and pulling him. This time she dragged him to the supply closet, which has a glass window facing the classroom. She left R. M. inside the supply closet and, as she exited, slammed the door. Upon slamming the door, Respondent yelled out, loudly enough for the 30 fifth-grade students in her class to hear, "Shit, I broke a nail." After Respondent resumed the lesson she was teaching, R. M. began pressing his face against the supply closet's glass window and making faces. He then picked up a knife that was in the supply closet, stood up on a counter that was next to the window, and put the point of the knife to his neck. A number of students in the class saw what R. M. was doing, and they shouted out to Respondent that R. M. was playing with a knife. Respondent then looked at R. M. through the supply closet window and told the class, "Just leave him alone; he's just trying to get attention." R. M. then began running on the counter in the supply closet with the knife still in his hand. Respondent was attempting to teach the class, but the students were not paying attention to her. They were watching R. M. As R. M. was running on the supply closet counter, he lost his balance and fell off the counter. R. M.'s demeanor changed after his fall. He sat quietly in the supply closet (without making faces or engaging in any other disruptive conduct) until he was let out by Respondent at the end of the period. As the students were leaving the art room, Respondent stated, loudly enough for some of the students to hear, "Why do I have to clean up after these damn kids?" Upon returning to Ms. Russom's classroom, her students told her about what had happened in Respondent's class. Ms. Russom, in turn, informed Principal Lang of what the students in her class had related to her. R. M. left school that day with a cut finger. The next school day, Principal Lang spoke to approximately ten of Ms. Russom's students concerning Respondent's conduct during the lesson she taught them on April 21, 1997, and she (Principal Lang) requested that the School Board's Special Investigative Unit conduct an investigation of the matter. At the conclusion of the 1996-97 school year, Respondent received an overall unsatisfactory performance evaluation and her annual contract was not renewed. As a result of the above-described conduct in which she engaged on April 21, 1997, while she had Ms. Russom's fifth- grade class in her classroom, Respondent's effectiveness as an educator has been reduced.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order finding Respondent guilty of the violations alleged in the Administrative Complaint and punishing her for committing these violations by revoking her license and denying her the right to teach for a period of six years, after which she may apply for a new certificate in accordance with the provisions of Section 231.28(4)(b), Florida Statutes. DONE AND ENTERED this 25th day of May, 1999, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (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 25th day of May, 1999.
Findings Of Fact Based upon the record evidence, as well as matters officially recognized and the factual stipulations entered into by the parties, the following Findings of Fact are made: Respondent was employed as a teacher by the Dade County School Board from approximately 1980 to November 6, 1987, when he resigned his position. Since his resignation, Respondent has not been employed as teacher. At all times during his employment with the Dade County School Board, Respondent held Florida teaching certificate 467693, which covered the areas of elementary education, early childhood education and motor disability. Respondent's teaching certificate expired on June 30, 1989, without Respondent having made any effort to renew it. Respondent is 34 years of age. He has been married to Marcia Carter- Wright since December 13, 1985. They no longer live in the same household, however. Marcia has a sister, M.R., who suffers from cerebral palsy and is developmentally disabled. At all times material hereto, M.R. has lived with Marcia. In September 1986, while he was still living with his wife and her sister, Respondent had sexual intercourse with M.R. Although she was 40 years of age at the time, M.R. was incapable of engaging in consensual sexual activity because of her developmental disability. Respondent's liaison with M.R. produced a child, J.W., who was born on July 7, 1987. Respondent was subsequently arrested and charged by information filed in Dade County Circuit Court Case No. 87-36763 with sexual battery upon a mentally defective person in violation of Section 794.011(4)(f), Florida Statutes. The matter was reported in the newspaper. Pursuant to a plea bargain agreement, Respondent pled no contest to the charge and, in turn, adjudication of guilt was withheld and he was placed on ten years probation. Among the terms and conditions of probation to which he agreed was that he surrender his teaching certificate and refrain from teaching. Respondent did not formally surrender his teaching certificate. He believed that, inasmuch as he had already resigned from his teaching position, letting his certificate expire would suffice. Respondent had difficulty finding a well-paying job while on probation. He became despondent and depressed. In June 1989, approximately one year after he had been placed on probation, Respondent admitted to his probation officer, Hazel Cooper Shepp, that he was using cocaine. Respondent hoped that Shepp would be able to provide him with assistance in dealing with his drug problem. Shepp subsequently filed an affidavit in Dade County Circuit Court alleging that Respondent had violated the conditions of his probation. On August 28, 1989, Respondent's probation was revoked and he was adjudicated guilty of sexual battery as charged in the information filed in Dade County Circuit Court Case No. 87-36763 and sentenced to five years of imprisonment, with credit for 250 days for time served. Respondent was released from prison on May 31, 1991. He currently lives with his mother, but visits his wife, M.R., J.W. and his other two children on a regular basis.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Education Practices Commission enter a final order (1) finding Respondent guilty of the violations alleged in Counts II and V of the Amended Administrative Complaint, and (2) barring him from applying for a new teaching certificate for a period of 10 years pursuant to Section 231.262(6)(g), Florida Statutes. DONE and ORDERED in Tallahassee, Leon County, Florida, this 31st day of December, 1991. 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 31st day of December, 1991.
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
The Issue At issue in this proceeding is whether respondent committed the offenses alleged in the administrative complaint and, if so, what disciplinary action should be taken.
Findings Of Fact Respondent, Paul W. Lane, holds teacher's certificate number 323312, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1993. Pertinent to this case, respondent was on a list of authorized substitute teachers in the Broward County School District, and during the 1989- 90 school year he was assigned as a substitute teacher at Plantation Middle School. In May 1990, a complaint was lodged with school authorities by one of respondent's students, Debi Keefe, regarding respondent's conduct. Following investigation, respondent was removed from the list of approved substitute teachers for the Broward County School District. 1/ Regarding the complaint lodged by Debi Keefe (Debi), the proof demonstrates that during the course of the 1989-90 school year, she was an eighth grade student at Plantation Middle School and was occasionally assigned to respondent's internal suspension class (ISC). On or about May 10, 1990, she was informed by a member of the faculty that he was going to return her to respondent's ISC, at which time Debi objected and accused respondent of various acts of misconduct which she contended occurred while previously assigned to his ISC. The acts of misconduct voiced by Debi, that were identified at hearing, were essentially four in number. First, she testified that when she wore her bicycle shorts to school, respondent would tell her to lift her shirt so he could see her "fat thing" (vagina). Second, when, following respondent's inquiry as to where she would be going for spring break, and Debi informing him that she would be at the beach, respondent stated that if she did "they could do it in [the] car". Third, upon becoming aware that Debi was dating her friend's cousin, respondent stated "I hope he fucks you so he makes you scream." Finally, Debi testified that on one occasion during ISC, respondent grabbed her on the leg, and she pushed his hand away. Regarding the later allegation, Debi had no recollection of the circumstances surrounding the event, and no conclusion can be drawn regarding the propriety of respondent's action in grabbing Debi's leg from the paucity of proof. According to Debi, she at first thought respondent's remarks to be a joke, but because they had continued, she elected to make her disclosure when faced with reassignment to his ISC. She was not really scared or embarrassed by respondent's remarks, but they did make her feel uncomfortable. Following Debi's revelations to the authorities at Plantation Middle School, an investigation was undertaken which included interviews with other students who had been in respondent's classes that school year. During the course of that investigation, three other students revealed what they felt was objectionable conduct by respondent. Those three students, Chantalle Habersham, Marilyn Gonzales, and Catherine Illiano testified at hearing as to the events which follow. Chantalle Habersham (Chantalle) was a seventh grade student in respondent's drop out prevention class for the 1989-90 school year. On Chantalle's fourteenth birthday, in May 1990, respondent announced that, following the end of class, he was going to give Chantalle some birthday "licks" (spanks), thereafter took her over his knee, and gave her fourteen licks across her buttocks. According to Chantalle, each time respondent gave her a lick, he rubbed his hand across her buttocks, but she declined to characterize such contact as a caress. At the time, Chantalle was wearing slacks and the spanking occurred in front of approximately four other students. Although embarrassed by the incident, it did not really scare Chantalle or make her angry. Nor was Chantalle's birthday spanking the first of such events in respondent's class. Rather, such had become a ritual or game, although perhaps ill advised, during the course of the year. Chantalle further testified regarding a spelling test where respondent used the word "saliva" in a sentence to demonstrate its meaning to the class. According to Chantalle, the sentence selected by respondent was as follows: "When I kiss Chantalle, saliva ran out my mouth". Chantalle did not, at the time, interpret respondent's statement to be a sexual or intimate reference on his part, but did find it embarrassing. Marilyn Gonzales (Marilyn) was a seventh grade student in respondent's language arts class, during the 1989-90 school year and also participated in track, where respondent was her coach. According to Marilyn, on one occasion during the school year she experienced a cramp in her thigh while running and respondent offered his assistance to alleviate the problem. While rubbing her thigh to isolate the area where the pain was located, Marilyn says that respondent "touched [her] vagina" once. Marilyn further testified that respondent, on another occasion, "touched [her] butt". On each of these occasions Marilyn was wearing shorts, and respondent did not then, nor did he ever, make any sexually suggestive remarks toward her. Regarding Marilyn's allegations of "touching," the record is devoid of any specificity as to the manner in which respondent "touched" Marilyn's vagina on one occasion and the manner in which or the circumstances surrounding the one occasion on which he "touched" her buttocks. Under such circumstances, the proof is as susceptible of demonstrating accidental contact, as it is an improper touching on respondent's part. Finally, Marilyn testified regarding an event that occurred in respondent's ISC while she and Chantalle were passing out papers. According to Marilyn, she and Chantalle were discussing, in respondent's presence, Marilyn's sister, who was single and pregnant with her second child. During the course of that conversation, respondent was attributed with saying something to the effect that, "if a girl lay down and spread her legs something would happen." Such statement was not, however, shown to be a sexually suggestive remark, nor was it so taken by Marilyn. Rather, considering the context in which it was uttered, such remark was, as likely as not, intended to evoke caution least the girls find themselves in the same predicament as Marilyn's sister. Catherine Illiano (Catherine) was an eighth grade student at Plantation Middle School during the 1989-90 school year and participated in after school athletics, discus and shot put, for which respondent was the coach. According to Catherine, on one such afternoon she and Marilyn Gonzales, along with the other girls who were participating in shot put and discus, were gathered, and respondent stated to Marilyn that "he liked her big titties", and then turned to Catherine and stated "don't worry, I like little ones too." While such statements were certainly improper, the circumstances surrounding such remarks were not adequately explicated at hearing to demonstrate baseness or depravity. Finally, Catherine also testified that on another afternoon respondent stated to her that her "father wouldn't like it if [she] had a black hand across [her] ass". When asked why respondent made such a statement, Catherine answered: I don't know. We were just talking about the shot put and we were all playing around and he bursted out with that. While the circumstances surrounding the incident are sparse, they suggest, as likely as not, that respondent's statement was intended as a reproach for Catherine's disruptive conduct at the time, rather than for any improper motivation. Contrasted with the recollections of Debi, Chantalle, Marilyn and Catherine, respondent testified that, but for the birthday spanking of Chantalle, which did occur, and his current lack of recollection regarding the statement made by him during the spelling test, that the remaining statements or conduct attributed to him by the other students did not occur. Considering the proof offered in this case, with due deference to the standard of proof applicable to these proceedings, discussed infra, compels the conclusion that respondent was not shown to have committed any improper or immoral act when he touched Debi and Marilyn, and was not shown to have committed an improper or immoral act when he spanked Chantalle on her birthday. Such conduct was also not shown to seriously reduce respondent's effectiveness as an employee of the District, or to constitute the intentional exposure of a student to unnecessary embarrassment or the exploitation of a professional relationship for personal gain or advantage. 2/ Regarding the remarks attributed to respondent by Debi, Chantalle, Marilyn, and Catherine, the proof in this case is compelling that respondent did utter such remarks. The remarks uttered to Debi, a fourteen-year-old girl at the time, were base, exposed her to unnecessary disparagement, and seriously reduced respondent's effectiveness as an employee of the District. The remarks uttered to Chantalle, Marilyn and Catherine, while not shown to be of such inherent baseness as to rise to the level of gross immorality, were nevertheless improper and, to varying degrees, demonstrated respondent's failure to fulfill his duty of providing leadership and effectiveness as a teacher.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be rendered which permanently revokes respondent's teaching certificate. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of August 1991. WILLIAM J. KENDRICK 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 27th day of August 1991.
