The Issue The issues to be determined are whether Ms. Patti Guadagno (Ms. Guadagno or Respondent) violated sections 1012.795(1)(a), , or (j), Florida Statutes, and administrative rules,11 as alleged in the Amended Administrative Complaint; and, if so, what is the appropriate sanction?
Findings Of Fact The Commissioner is responsible for investigating and prosecuting allegations of misconduct against individuals holding educator's certificates. Ms. Guadagno holds Florida Educator's Certificate 608587, covering the area of elementary education with an endorsement for English for speakers of other languages (ESOL), valid through June 30, 2020. At all times relevant to the complaint, Ms. Guadagno was employed by the Miami-Dade County School District (District) in Florida, primarily as a teacher at either Douglas or Joe Hall Elementary School. 4. 2/ Ms. Guadagno was notified by certified mail dated March 6, 2012, that the Office of Professional Practices Services of the Florida Department of Education (DOE) had opened investigation Case Number 112-2307 into Ms. Guadagno's The letter did not note that those charges had been dropped about six months earlier. There was testimony from Student - that on one occasion during the academic year, Ms. Guadagno was upset with - and pushed 11111 binder off of - desk. - testified that when. stood up, she then "tossed" the chair to the side. There was no testimony at hearing that a desk was thrown. • was asked about other incidents in which Ms. Guadagno might have thrown a desk, but Student - had no direct knowledge of any: Q. You mentioned in your statement at page 78 that she threw a desk. Was that the same incident? A. No. Q. Okay. It was a separate incident? A. That was, like, a rumor that I heard or--it was a--because, like, all the classes would talk about, like, her and what she would do. So it was, like, someone had--was, like, doing something with a desk and she, like, pushed the desk into him. Q. Okay. A. But I didn't see it, so I don't know. Although the allegation in the Amended Administrative Complaint was that Ms. Guadagno "would throw binders and desks'' during class--suggesting it was a repeated behavior--the only competent witness on this allegation, Studen_t , testified as to only the throwing of a binder. Ms. Guadagno slid or threw Student - • s binder to the floor to embarrass or disparage in an attempt to get Student - to resume working. It was not clearly shown that Ms. Guadagno shoved paper down Student- •s shirt, as alleged. Student - testified at hearing that - saw Ms. Guadagno crumple up some paper and stuff it down Student - •s shirt, saying "she just got frustrated with .. ... This testimony was consistent with Student - • s earlier written statement, provided on May 8, 2012. While - Student - • s written statement, provided on April 9, 2013, did state that Ms. Guadagno shoved a paper in - shirt, this was hearsay and cannot be considered to supplement or explain the live testimony of Studen_t , which involved a different male student. There is no competent evidence as to the allegation involving Student - On , while teaching her fifth-grade class at Douglas, Ms. Guadagno instructed the students to rearrange their desks. Later, when Ms. Guadagno pushed Student - • s desk to get .. to move it back more quickly, some crayons fell. Student - knelt down to pick up the crayons. Ms. Guadagno and Student 1111 may have collided. Ms. Guadagno yelled at Student to get off of the floor and kicked - in the ribs. Student was not injured, stating that, "on a scale of one to ten, it was a four, it wasn't really painful." Ms. Guadagno screamed at the students, telling them they were ''animals" because they left trash on the floor. She was angry, and her face was red. On April 17, April 30, and May 8, 2012, student statements regarding the events of , were taken by police officers of Miami-Dade County Public Schools. In a long letter dated June 20, 2012, addressed to the Office of Professional Standards, Ms. Guadagno gave her version of the events of While this letter, admitted as Exhibit P-3, was identified by Petitioner as "Respondent's DOE Letter," it is not at all clear that this letter was submitted to DOE. In fact, considering when it was dated and how it was addressed, it appears more likely that it was submitted to the Office of Professional Standards of the Miami-Dade County Public Schools rather than the Office of Professional Practice Services of DOE. In this statement, Ms. Guadagno denied that she had kicked a student. She stated that she was under the impression that the investigation was to be closed due to inconclusive findings. She pointed out several discrepancies in student statements. She stated her belief that Student - made up the incident in retaliation for earlier discipline taken against 111111, specifically the writing of llll name on the board, which she claimed had the effect of making 1111 ineligible to go on an end- of-year trip to Disney World. She also noted that the students had time to fabricate their statements. In a "Conference for the Record" memorandum dated June 29, 2012, Dr. Milagros Hernandez, district director, reviewed Ms. Guadagno's employment history, summarized the investigative report of the April 16, 2012, incident, and advised Ms. Guadagno that District authorities would provide her with formal notification of disciplinary action. The memorandum also advised her that the investigative information would be provided to DOE for possible licensure action. In a letter dated August 30, 2012, Ms. Guadagno advised Ms. Ana Rasco, administrative director of the Office of Professional Standards of the Miami-Dade County Public Schools, that she agreed to accept a 30-workday suspension without pay in lieu of dismissal. On September 5, 2012, the Miami-Dade County School Board voted to suspend Ms. Guadagno from her teaching position at Douglas for a period of 30 workdays. It is not clear from the evidence at exactly what point the DOE case was expanded beyond the allegation of to include the incident of However, Mr. Clinton Albritton, investigator for the Department of Education, witnessed several student statements that were executed on April 9, 2013. On June 10, 2013, Principal Rodriguez provided an e-mail to Mr. Albritton, briefly describing what he knew of the kicking allegation and advising that Student - was a standard academic student with no outstanding behavior issues, but noting that Ms. Guadagno had prior issues that had been addressed through the Miami-Dade Office of Professional Standards. Then, by certified letter from DOE signed by Mr. Albritton dated June 12, 2013, Ms. Guadagno was afforded the opportunity to review materials collected and prepared in the investigation of Case Number 112-2307 and to submit documents to refute, explain, or mitigate the charges of misconduct against her. The letter also advised that an informal conference had been scheduled on July 1, 2013, to give her an opportunity to respond to the allegations. However, the letter did not describe the nature of the charges being investigated by DOE. While there is no evidence that she participated in an informal conference on July 1, 2013, Ms. Guadagno testified in her deposition that she participated in some sort of conference on July 12, 2013, and testified that she did submit a response. No copy of any submission by Ms. Guadagno in response to this opportunity appears in the record. About seven months later, on January 17, 2014, Ms. Guadagno signed an application for renewal of her educator's certificate, which was scheduled to expire on June 30, 2015. The application included numerous questions to be answered by checking blocks marked "Yes" or "No." Ms. Guadagno's application indicated a "no" response to the following two questions: Do you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate? Do you have any current disciplinary action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate? The final page of the legal disclosure portion of the application for renewal contains the statements: I do hereby affirm by my signature that all information provided in this application and supplement is true, accurate, and complete. Warning: Giving false information in order to obtain or renew a Florida Educator's Certificate is a criminal offense under Florida Law. Anyone giving false information on this affidavit is subject to criminal prosecution, as well as disciplinary action by the Education Practices Commission. It is uncontested that Ms. Guadagno signed her name in the space provided immediately below these statements, and dated the form January 17, 2014. In her deposition of March 3, 2015, Ms. Guadagno testified that she knowingly answered these questions in the negative: Q: I would refer you to the last two questions. Uh-huh, which I know, absolutely. Q: And the no box is checked; is that correct? A: Uh-huh, that is correct. Q: That was your intention at the time? A: That was my intention. I had phoned my attorney and asked him what I would check in that situation and he had required that checking no was absolutely correct. Q: Which attorney was this? A: Branden Vicari. Later, following a ruling that Ms. Guadagno had waived any attorney-client privilege with respect to communications from or to her attorney regarding her responses to these two questions,31 Mr. Branden Vicari testified that he could not recall whether or not he had a conversation with Ms. Guadagno regarding the renewal of her application. The following colloquy then took place: Q: Okay. Well, the bottom line here is that she claims that you told her to answer those questions in the application. Do you recall telling her-giving her advice to that effect? A: I could say with 100 percent certainty that I did not give her advice to check off no on the two questions in question. Q: And why is that? A: I - I - well, I could tell you what I would have advised her if I did have a conversation with her. Q: All right. A: That would've been Q: But you would not have advised her to answer no? A: That's correct. Ms. Guadagno's testimony that Mr. Vicari advised her to answer the two questions "no" is not credible, and his testimony that he would not have given her that advice is credited. Ms. Guadagno's testimony during both her deposition and at hearing was argumentative, evasive, and generally not at all credible. At the time Ms. Guadagno was completing her renewal application, it is unclear whether the investigation was still ongoing or whether the investigation phase had ended and the decision to take disciplinary action had already been made. More significantly, there is no evidence in this record to indicate that Ms. Guadagno knew the status of the case against her. It was clearly shown, however, that Ms. Guadagno gave those answers in her application in order to obtain her license renewal with reckless disregard for the truth. Although Ms. Guadagno had already been suspended without pay for 30 days by Miami-Dade County Public Schools for the April 16, 2012, incident, and had completed that suspension over a year before, she knew at the time of her application that the District and DOE were separate entities. PRIOR HISTORY Ms. Guadagno has been employed by Miami-Dade County Public Schools for about 29 years. During that time, she has received many positive comments and accolades from her superiors in observation reports and performance reviews. The only "developing/needs improvement" rating in evidence was received by Ms. Guadagno in the category of "professionalism'' during the 2011- 2012 academic year, based upon district disciplinary action for some of the incidents discussed here. Since her subsequent transfer, at her request, to Joe Hall Elementary School, she has received only "effective" and "highly effective" ratings . Several letters were admitted into evidence from appreciative students and parents from various times throughout her teaching career, praising her for her teaching skills and dedication to students.
Conclusions For Petitioner: Charles T. Whitelock, Esquire Charles T. Whitelock, P.A. 300 Southeast 13th Street, Suite E Fort Lauderdale, Florida 33316 For Respondent: Melissa C. Mihok, Esquire Melissa C. Mihok, P.A. 201 East Pine Street, Suite 445 Orlando, Florida 32801
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission issue a final order finding Respondent, Patti Guadagno , in violation of sections 1012.795(1)(a) and (j), Florida Statutes , and Florida Administrative Code Rules 6B-1.006(3)(a) and (e) and 6A- 10.081 (5)(a) and (h). It is FURTHER RECOMMENDED that the Education Practices Commission suspend her educator's certificate for a period of one year. DONE AND ENTERED this 12th day of June, 2017, in Tallahassee, Leon County, Florida. F. SCOTT BOYD 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.s tate.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 2017.
The Issue Whether respondent's teaching certificate should be revoked on the grounds that he fraudulently obtained a higher ranking teaching certificate and thereby committed an act of gross immorality and moral turpitude.
Findings Of Fact I. Respondent's Wrongdoing Respondent, age 33, taught school in Dade County for over six years. From 1969-1972, he taught physical education at South Miami Junior High School; he then resigned and did not return to teaching until 1978, when he became a substitute teacher at Brownsville Junior High School. Shortly thereafter, he was hired in a full-time position at Brownsville Junior High, where he remained until he resigned in July, 1980. His principal at Brownsville considered him a "very good teacher," (Tr. 55) as "one of the teachers who gave his very best." (Tr. 56.) (Testimony of Carstarphen, Oden; P-4.) Respondent attended high school and junior college in Pensacola. From 1966-1969, he attended Bethune Cookman College in Daytona Beach and earned a bachelor of science degree. His postgraduate training consists of one course he took at Nova University to secure a science certificate. (Testimony of Carstarphen; P-4.) During 1978, Respondent met Eugene Sutton ("Sutton"), an employee of Florida A & M University ("Florida A & M") located in Tallahassee, Florida. One month after their initial meeting, Respondent agreed to pay Sutton approximately $2,800 for a false transcript from Florida A & M purporting to award him a master's degree in elementary education. During the ensuing months, each party performed his part of the agreement: Respondent paid Sutton the $2,800, and Sutton furnished him a false transcript. The transcript, dated April 6, 1979, indicated that he had successfully completed various postgraduate courses at Florida A & M from 1976-1978 and had been awarded a master of education degree; the transcript was a forgery. He never attended Florida A & M University. (Testimony of Carstarphen; P-4.) Since 1969, Respondent had held a rank III (graduate) teaching certificate issued by the Florida Department of Education. A postgraduate degree qualifies a teacher for a higher ranking (rank II, post graduate) teaching certificate. So, in early 1979, Respondent filed an application for the higher ranking certificate; he attached to the application a copy of the fake master's degree transcript from Florida A & M and signed, under oath, the following notarization: I understand that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraud- ulent means. (Section 231.28 F.S.) I fur- ther certify that all information pertaining to this application is true and correct. (Testimony of Carstarphen; P-4.) On June 28, 1979, the Department of Education--relying on the false transcript--approved his application and issued him a rank II, postgraduate teaching certificate, No. 257364. He then applied to his employer, the School Board, for a salary increase based on his postgraduate teaching certificate. His application was routinely granted. During the ensuing 12 months, the School Board paid him an additional $4,047.55 because of his higher ranking postgraduate teaching certificate. (Testimony of Carstarphen Gray; P-5, P-6, P- 8.) In mid-1980, Respondent's wrongdoing was discovered. On October 20, 1980, he pleaded guilty to criminal charges: forgery and grand theft-second degree (two counts). The Circuit Court of Dade County placed him on three years' probation and directed that restitution be made to the School Board. (P- 7.) Respondent has complied with the terms of his probation. He is now repaying, by regular payments, the money which he wrongfully obtained from the School Board. (Testimony of Carstarphen.) II. Appropriate Penalty: Suspension or Permanent Revocation The Respondent contends that his wrongful acts warrant suspension, not revocation of his teaching certificate. In support of that contention, he offered the following testimony: The reason I'm asking for this is that this was my chosen profession, and I think that I am good at it. I realize the fact that I made a tragic mistake that I'm sure would never happen again. It was a circumstance that I feel that someone would have to be involved in to really understand what actually happened. But I could only say that I'm requesting a suspension as opposed to a complete termi- nation so that I can pursue what I've been trained to do and, again, that I do well. (Tr. 48-49.) No evidence was presented which establishes that Respondent's wrongful acts have seriously reduced his effectiveness as a classroom teacher. Respondent has never before been convicted of a crime; neither has he been involved in any prior disciplinary infraction. (Testimony of Carstarphen.) Respondent did not fully cooperate with law enforcement officers investigating his conduct and the fake Florida A & M transcripts. For example, he refused to divulge the name of a friend--even though he did not know whether that person was involved in the fraudulent transcript scheme. (Testimony of McAllister, Jacobson, Carstarphen.) Respondent knowingly submitted the false Florida A & M transcript to the Department of Education; his motive was monetary gain. After filing the higher ranking postgraduate teaching certificate with his employer, he received increased salary payments for approximately one year. (Testimony of Carstarphen, McAllister, Jacobson, Gray.) III. Proposed Findings of Fact Submitted by the Parties The findings of fact proposed by the parties have been considered. Those proposed findings which are not incorporated above are rejected as irrelevant to the issue presented or unsupported by the preponderance of evidence.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking Respondent's teaching certificate, No. 257364. DONE AND RECOMMENDED this 23rd day of October, 1981, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 Telephone: (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 23rd day of October, 1981.
The Issue The issues are whether Respondent committed the act alleged in the Administrative Complaint; whether the alleged conduct constitutes violations of Subsection 1012.795(1)(c) and (i), Florida Statutes (2003), and Florida Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, what penalty, if any, should be imposed on Respondent's teaching certificate.
Findings Of Fact Based on the oral and documentary evidence presented at hearing and the entire record in this proceeding, the following Findings of Fact are made: At all times pertinent to this proceeding, Respondent held a Florida Educator's Certificate No. 891417. Respondent was first employed as a teacher at River Ridge Middle School ("River Ridge") in the Pasco County School District in August 2003, under a ten-month contract. During the 2003-2004 school year, Respondent taught sixth-grade geography at River Ridge. On April 15, 2004, during the five-minute period while classes were changing and before the fourth-period class started, Respondent left his classroom to go to the faculty bathroom. Prior to leaving the classroom, Respondent announced to the class that there would be a "pop quiz" that day and told them to sit down, study their notes, and/or read the book. Respondent was gone no longer than five minutes. When Respondent returned to the classroom, M.M. and one of his friends, another student, were standing up "play fighting." This "play fighting" involved the two students pushing each other. Upon observing the two students pushing each other, Respondent reasonably, but mistakenly, believed the two students were fighting and took immediate action consistent with that belief. Respondent approached M.M. and the other student and yelled at them, "Break it up!" Respondent then pushed or grabbed M.M.'s shoulder, pivoting him around Respondent, in an attempt to separate him from the other student. Immediately thereafter, while Respondent was turning toward the other student, he heard a commotion, which presumably was M.M. falling on the floor.2/ Immediately after Respondent grabbed or pushed M.M., he (M.M.) fell on the floor. Prior to landing on the floor, M.M.'s back hit the corner of a nearby table.3/ As a result of hitting the table, M.M. testified that he had a bruise on his back. However, there was no evidence to substantiate this claim, including evidence as to the severity of that alleged injury or whether it required medical attention. When M.M. got up from the floor, Respondent walked M.M. over to his seat. At first, M.M. sat in his assigned seat, but then he got up from his seat and "got in Respondent's face." During this confrontation, Respondent told M.M. that he was tired of dealing with him and to go to the principal's office. Initially, M.M. didn't move, but just stood there facing Respondent. Eventually, M.M. left the classroom and went to the principal's office. However, before he left the classroom, M.M. told Respondent, "I'll get you." M.M. was embarrassed by the incident. When M.M. arrived at the principal's office, he told John Joens, the school principal, that Respondent had pushed him down. In addition to M.M.'s verbal account of the incident, he also gave Principal Joens a written statement concerning the incident.4/ After Principal Joens listened to M.M.'s account of the incident, he also discussed the incident with Respondent. Respondent told Principal Joens that he was trying to break up a confrontation between M.M. and another student. To do so, Respondent explained that he grabbed M.M. by the shoulders, pivoted the student around behind him [Respondent] to move M.M. behind him, and then turned back to the other student. In discussing the incident with Principal Joens, Respondent also reported that after M.M. fell to the floor, he told M.M., "I know you're embarrassed but you have to go sit down." Finally, with regard to students who may have seen the incident, Respondent told Principal Joens that given the seating arrangement in the classroom, most of the students could not have had a clear vision of what happened. After listening to Respondent's explanation about the incident, Principal Joens' primary question to Respondent was how the student ended up on the floor. However, Respondent was unable to answer that question, because he was not sure how M.M. ended up on the floor. After listening to Respondent's explanation, Principal Joens could not understand or determine how M.M. had ended up on the floor. Therefore, in an effort to ascertain what had actually happened, Principal Joens decided to identify and interview as many students as possible who were eyewitnesses to the incident. As part of his investigation of the subject incident, Principal Joens interviewed 16 or 17 students who were in Respondent's fourth-period class on April 15, 2004. He also had the students to prepare and give him written statements about what, if anything, they observed relative to the incident. After Principal Joens completed his investigation, which consisted of input from M.M., information provided in student interviews, and Respondent's explanation and responses, he still could not determine how M.M. landed on the floor. On the day of the incident, except for two student desks and two tables, where a total of four students sat, the front of all of the student desks faced south; the backs of those desks faced north, which was the area of the classroom where the incident occurred. Therefore, in order to observe the incident, the students sitting at their desks would have had to get up from their seats or turn around in their seats. Two of the students who were in Respondent's fourth- period class on April 15, 2004, testified at this proceeding. Both students were credible witnesses. However, given the lapse of time since the incident (almost four years) and the proximity of their desks to the area where the incident occurred, it is understandable that there were details that they could not clearly recall, if they ever knew those details, or the sequence of the events. J.W., a student in Respondent's fourth-period class on April 15, 2004, recalled that when Respondent entered the classroom that day, he approached M.M. and two other students who were pushing each other around and told them, "Break it up!" J.W. also testified that "they [presumably Respondent and M.M.] were arguing and Respondent pushed M.M. down and M.M. fell on the floor." When J.W. observed the incident, he was sitting at his desk, which was three rows from the area of the classroom where the incident occurred. J.W. testified that in order to see the incident, he had to turn around in his seat or look over his left shoulder, since the back of his desk faced the area where the incident occurred. D.L., a student in Respondent's fourth-period class on April 15, 2004, testified that she recalled that Respondent pushed M.M. on the shoulder area and then M.M. hit the table and then fell to the chair. She did not recall M.M. falling or ending up on the floor. Furthermore, D.L. did not know the reason Respondent pushed M.M. or even if there was a reason for pushing him. When D.L. observed the incident, she was sitting at her desk, which was in the last of five rows of desks in Respondent's classroom and the row farthest from the area in the classroom where the incident occurred. The back of D.L.'s desk faced the area where the incident occurred, and in order to see the incident, she had to turn around. According to Principal Joens, the only reason an adult "gets between two students is to provide . . . [for] the safety of that student or the other student's [safety]." In this case, Principal Joens testified that he does not believe that any student's safety was in danger and, thus, there was no need for Respondent to touch M.M. and "use that force." Two days after the incident, Respondent resigned from his teaching position at River Ridge. During the eight months that Respondent was teaching at River Ridge, Principal Joens observed Respondent while he was teaching and interacting with the students. Principal Joens described Respondent's interactions with students during those observations as positive. Moreover, two former students who were in Respondent's fourth-period class on April 15, 2004, testified that Respondent was a good teacher.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that a final order be entered that finds Respondent not guilty of the charges alleged in the Administrative Complaint and dismisses the Administrative Complaint. DONE AND ENTERED this 30th day of April, 2008, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 2008.
Findings Of Fact At all times relevant hereto, Respondent, Thomas Miller Collins, held teaching certificate number 489045 covering the area of substitute teaching. The certificate is valid through June 30, 1985. On July 2, 1982 Petitioner, Department of Education, Education Practices Commission, filed an Administrative Complaint alleging generally that on three occasions between November 1974 and November 1981 Respondent had pled guilty to various criminal charges which constituted conduct sufficient to warrant disciplinary action against his teacher's certificate. Respondent's request for an administrative hearing precipitated the instant proceeding. On or about November 20, 1974, Respondent was arrested for possessing in excess of five grams of cannabis. After pleading guilty to this offense on March 3, 1975, the Circuit Court in and for Broward County withheld adjudication and placed Respondent on probation for a period of eighteen months. On or about October 4, 1975, Respondent was arrested in Broward County for (a) possession of cocaine and (b) delivery of cocaine. As a result of a plea of guilty to delivery of cocaine on January 19, 1976, he was adjudged guilty and sentenced to state prison for a term of two years. The remaining charge was dropped. Respondent's civil rights were later restored on April 28, 1978 by the Office of Executive Clemency. On or about November 22, 1981, Respondent was arrested for (a) possession of a controlled substance, (b) possession of a drug without a prescription, and (c) for driving while intoxicated. He later pled nolo contendere to driving while under the influence and received six months reporting probation, a suspension of his driver's license for 90 days, a $236 fine, and a requirement that he attend and complete a DWI course. The other two charges were dismissed. On September 22, 1980 Respondent filed an application for employment as a part-time (substitute) teacher with the School Board of Broward County. Question ten of the application asks the following: Have you ever been convicted of a felony or a first degree misdemeanor? If a yes answer was given the applicant was then requested to state the charge, where convicted, and date of conviction. Respondent answered the question in the affirmative and then stated "will explain upon request." A copy of his fingerprints was also submitted with the application. After receiving the application, the School Board of Broward County conducted an investigation of Respondent. It required that Collins fill out an "arrest record information sheet" explaining the details of his arrest. Collins did so and stated only that he had been arrested by the Fort Lauderdale Police Department in 1974 for possession of cocaine and was found guilty. Since his arrest in 1974 was for possession of cannabis vis a vis cocaine, it is unclear whether he was referring to his 1975 arrest when he was arrested and convicted of delivery of a controlled substance (cocaine). However, based upon this explanation, and an interview with the Board's Division of Internal Affairs, he was authorized to be employed as a substitute teacher. After receiving a complaint from an undisclosed parent, the principal of Crystal Lake Middle School in Broward County, where Respondent occasionally taught, contacted the Division of Internal Affairs regarding Collins. It then ran a fingerprint check on Respondent with the Federal Bureau of Investigation which confirmed the arrests and convictions in 1974 and 1975. Thereafter, on November 5, 1981 the Board's associate superintendent wrote Respondent to advise him that his name was being removed from the substitute teacher list, and that he could not accept any further assignments within the County. Despite this letter, Collins was again employed as a substitute teacher. On January 14, 1982 the Board's director of personnel wrote Collins and stated that he was no longer authorized to substitute in the Broward County school system. On December 8, 1980 Respondent filed an application with the Teacher Certificate Section of the Department of Education in Tallahassee, Florida. In response to question 5, which asks whether the applicant has .... ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation...", and if applicable to state where the arrest occurred, the date, the nature of charges, and disposition, Collins answered "yes" and indicated he had been arrested in Fort Lauderdale in 1974 and 1975 for possession of marijuana and cocaine and was found guilty of both charges. He also noted that his civil rights had been restored. On March 26, 1981, the Department's Professional Practices Services consultant wrote Collins requesting "more details regarding (his) arrest in order to complete the processing of (the) application." It asked that he be more specific concerning the date of arrest, date of adjudication, the court address where final disposition was rendered, and the nature of the charges. Before Respondent replied to this request a certificate was issued by the State at a later date. Petitioner contends it had no choice except to issue a certificate since the ninety-day statutory time period for issuing or denying a certificate had expired. It conceded it erred in not processing the application in a more timely manner so that a reasoned decision could be made within the statutory time constraints. There was no testimony to demonstrate whether Respondent's conduct "seriously reduced his effectiveness as a teacher." His principal at Crystal Lake Middle School characterized his work as "satisfactory", and stated that no complaints had been made regarding his school work performance from any other teacher or member of the administrative staff. Respondent did not testify in this proceeding. However, he did introduce letters from his pastor and a former employer which were treated as hearsay.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be given a public reprimand for violating Subsection 238.28(1) for having in his possession two marijuana cigarettes and one diazepam tablet; all other charges against Respondent should be DISMISSED. DONE and ENTERED this 30th day of December, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of December, 1982.
