The Issue Did Respondent incorrectly score Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test?
Findings Of Fact On July 27, 2020, the undersigned conducted a properly noticed Pre- hearing Conference by telephone. Respondent participated. Petitioner did not appear. Afterwards, a Pre-hearing Order was rendered noting that Petitioner had not participated in the conference. The Division's docket for this matter does not indicate that the Notice of Hearing, Notice of Pre-hearing Conference, or Pre-hearing Order has been returned for any reason, including an incorrect address. The Initial Order in this matter referred Petitioner to the "Representing Yourself" document link on the Division's website. That document advises litigants, "If your address changes, be sure to notify the Division in writing so that you can be properly notified about the hearing date and receive your copy of the Recommended Order." On August 3, 2020, at 2:40 p.m., the Division received the Confidentiality Order rendered July 17, 2020, from the post office with the notation, "Not Deliverable as Addressed." This is the only order that has been returned as undeliverable. On August 4, 2020, the assistant to the undersigned emailed Petitioner to advise him the Confidentiality Order had been returned and requested a current address. He provided a post office box address in Highland, New York. Petitioner's Request for Hearing provided an address in Odessa, Florida, which was used for delivery of all orders rendered in this matter. This Recommended Order is being sent to the Odessa address and the Highland, New York, address to ensure that Petitioner receives the Order. Petitioner did not appear at the final hearing conducted on August 3, 2020, which was noticed on May 14, 2020. Petitioner did not contact the office of the undersigned about any difficulty participating. Respondent's counsel advised that she had not had any recent communications with Petitioner. As of 9:30 a.m., August 3, 2020, Petitioner had not appeared for the hearing or contacted the office of the undersigned. Petitioner also had not provided any notice of a change in address. The undersigned adjourned the hearing at 9:30 a.m.
Recommendation For the foregoing reasons, it is RECOMMENDED that Respondent enter a final order denying Petitioner's challenge to the scoring of Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test. DONE AND ENTERED this 11th day of August, 2020, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 11th day of August, 2020. COPIES FURNISHED: Kristian Richardson Post Office Box 726 Highland, New York 12528 Kristian Richardson Apartment 203 2572 Fencepost Drive Odessa, Florida 33556 Bonnie Ann Wilmot, Esquire Department of Education 325 West Gaines Street Tallahassee, Florida 32399 (eServed) Anastasios Kamoutsas, Esquire Department of Education Suite 1544 325 West Gaines Street Tallahassee, Florida 32399 (eServed) Richard Corcoran, Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Chris Emerson, Agency Clerk Department of Education Turlington Building, Suite 1520 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
The Issue Whether the license of the Respondent should be revoked, or whether a lesser penalty should be imposed.
Findings Of Fact Respondent, William T. Simpson, who holds Florida Teaching Certificate No. 94266, was suspended without pay from his position as principal of the Adult Division, St. Augustine Technical Center, St. Augustine, Florida on May 28, 1979, by W. Douglas Hartley, District School Superintendent, St. Johns County, Florida, pursuant to charges that Respondent misappropriated funds (Transcript, Page 54). Petitioner, Professional Practices Council, conducted an investigation, and its Executive Committee found probable cause to believe Respondent was guilty of acts providing grounds for revocation of his teaching certificate. The Executive Committee recommended to the Commissioner of Education that he find probable cause existed to believe that Respondent committed acts which provided grounds for revocation of Respondent's teaching certificate. The Commissioner found probable cause and directed that the "Petition for the Revocation of Teacher's Certificate" be filed. Respondent denied the material allegations and requested an administrative hearing. Subsequent to his suspension on May 28, 1979, Respondent resigned his position with the St. Johns County School Board and made restitution to the school board in the amount of $2,073.43. At the time of the administrative hearing Respondent was teaching at Edward Waters College in Jacksonville, Florida, which requires no state teaching certificate (Transcript, Page 79). Prior to commencement of the hearing, the parties filed the following instrument, which is copied in toto for clarity: JOINT STIPULATION AS TO JURISDICTIONAL MATTERS, MATERIAL ALLEGATIONS, AND CONCLUSIONS OF LAW The Petitioner, Professional Practices Council, and Respondent, William T. Simpson, by and through their undersigned attorneys, jointly stipulate to the below-listed matters and consent to the admission of this Stipulation as evidence at the formal hearing of this cause scheduled for February 20, 1980, and pursuant to their stipulation and agreement, would state: JURISDICTIONAL MATTERS That the evidence would show that the Commissioner of Education, Ralph D. Turlington, pursuant to Section 231.18, Florida Statutes, and Section 6A-4.37, Rules of the State Board of Education, by letter dated October 1, 1979, found probable cause existed and directed the filing of this Petition for the Revocation or Suspension of teacher certificate. That pursuant to Section 6A-4.37, Rules of the State Board of Education, Petitioner has authority to file the Petition at issue in this cause. MATERIAL ALLEGATIONS That, on or about April 25, 1979, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $95.00, collected by Dick Reis for a class in natural childbirth when these funds were placed in his care. That during the 1978-1979 school year, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $45.00 turned in to him by Doris Blackshear which were fees for a slimnastics class. That, during the 1977-78 school year, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $105.00 which were fees collected from the chemistry for nurses class and had been placed in his care and custody. That, during the winter of 1978, William T. Simpson failed to deposit into the St. Augustine Technical Center internal accounts fund approximately $75.25 from the sale of books for the chemistry class for nurses and which had been placed in his care and custody. That, during the 1978-79 school year, William T. Simpson failed to turn in or deposit into the St. Augustine Technical Center internal accounts fund registration monies received from 1) Mary Hutchins, 2) Clement Hutchins, 3) Carrie Jones, 4) Alice Terry, 5) Tammy Hill, 6) Sharon Wheeler, 7) Sandra Pomar, 8) Pauline Brown, 9) Shirley Gatchell, 10) Marge Supinger, 11) Shirley Foster, 12) Mary Robinson, 13) Enid Taylor, 14) Marie Peterson, 15) Mary Robinson, 16) Margaret Darty, and 17) Christopher Tipton, totaling approximately $545.00, which had been personally received by him.
Conclusions That the Petitioner and Respondent stipulate that the above-alleged stipulated facts are in violation of Section 6B-1 and Section 6B-5, Rules of the State Board of Education and St. Johns County School Board policies 9.24(6)(a)(7)(8)(9). That Respondent has made restitution to the St. Johns County School Board in the amount of $2,073.43. A "Motion to Strike and Answer of Respondent," filed by the Respondent on December 13, 1979, was withdrawn by Respondent, and allegations number 5 and number 7 of the Petition for Revocation of Teaching Certificate were dismissed. A ruling on the Motion to Dismiss allegation number 8, which alleged Respondent made telephone calls for which he did not pay was reserved and thereafter the Motion was denied. Petitioner called as witness the business manager of the St. Augustine Technical Center, who identified a telephone log entered into evidence as Petitioner's "Composite Exhibit 1" without objection. Many long distance calls were made between 1977 and 1979 by Respondent Simpson to telephone number 387- 1435 in Jacksonville, Florida. Sixty-two (62) calls were unlogged, and forty (40) calls were logged. The telephone number was traced to Jacksonville in Duval County and found to be registered in the name of a woman introduced by Respondent Simpson variously as his friend and companion and his fiance' (Transcript, Pages 18, 33 and 42). These personal long distance telephone calls totaled $74.79, and Respondent has not reimbursed the St. Johns County School Board for these calls. The Petitioner, Professional Practices Council, has recommended that a final order be entered revoking Respondent's teaching certificate for a period of ten (10) years. Respondent has recommended that his privilege to act as an administrator in the State of Florida be suspended for a period of two (2) years. In mitigation of penalty, Respondent Simpson presented six (6) character witnesses. The Superintendent of Schools had known Respondent since about 1961 and had had no complaints of his classroom work as a high school English teacher or thereafter when Respondent was moved to administer the adult program until the problem of misappropriating funds came to the superintendent's attention. The superintendent would not employ the Respondent again in the adult education program or as an administrator, but hopes that Respondent has learned a lesson and after a probationary period would be agreeable to placing him in a classroom as a teacher (Transcript, Page 51). A member of the Board of Education would have no reservations about sending his children into a class taught by Respondent Simpson but would not like to have him as an administrator handling money (Transcript, Page 59). The Director of the Vocational, Technical Adult Program at St. Augustine Technical Center felt that Respondent Simpson had done an excellent job until the last eighteen (18) months of his administration, when his domestic problems caused him to reach a plateau and lose interest in his work (Transcript, Pages 61 and 62). The Director did not consider the taking of funds by Respondent Simpson "an insignificant mistake," but looked at the total picture of the man and would have no reservation about sending his children into a classroom where Respondent was teaching. The Supervisor of Secondary Instruction for the school board holds Respondent Simpson in high esteem as a teacher and, except for handling money, feels Respondent is a good administrator. An associate dean at St. Johns River Community College had found Respondent helpful and a good educator. Respondent Simpson's minister felt he was concerned about the students he instructed and worked well with the parents (Transcript, Page 74). Petitioner, Professional Practices Council, and Respondent Simpson submitted proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in or are inconsistent with factual findings in this order they have been specifically rejected as being irrelevant or not having been supported by the evidence.
Recommendation Based on the foregoing Findings and Conclusions of Law the Hearing Officer recommends that the teaching certificate of Respondent Simpson be revoked for a period of five (5) years from the date hereof, at which time he may apply for a new certificate as provided in Section 231.28(4)(b), Florida Statutes. DONE and ORDERED this 18th day of April, 1980, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Robert M. Harris, Esquire 220 East Forsyth Street Jacksonville, Florida 32202 Commissioner Ralph D. Turlington Department of Education Plaza Level 08 The Capitol Tallahassee, Florida 32301 Hugh B. Ingram, Jr., Administrator Professional Practices Council 319 West Madison Street, Room 3 Tallahassee, Florida 32301
The Issue The issue is whether Petitioner, Bay County School Board (School Board), had just cause under Subsection 1012.67, Florida Statutes (2008), to terminate the employment of Respondent, Thomas Walker, because of his absence without leave.
Findings Of Fact Respondent is employed under a Professional Services Contract and teaches at Bozeman School in Bay County. Respondent, without approval or notice to the administrator or staff of Bozeman School, failed to appear for his teaching assignment in the latter part of November 2008. After repeated attempts to reach Respondent, Dr. Tommye Lou Richardson, Director of Human Resources for Bay District Schools, ascertained that Respondent was incarcerated in the Coffee County Jail in New Brockton, Alabama, for his failure to pay child support. Respondent's absence was willful and without approved leave.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order terminating the employment of Respondent and finding that he has forfeited any compensation since January 14, 2009, the date of his suspension without pay by the School Board. DONE AND ENTERED this 18th day of May, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 18th day of May, 2009. COPIES FURNISHED: Franklin R. Harrison, Esquire Harrison, Sale, McCloy Duncan & Jackson Post Office Drawer 1579 Panama City, Florida 32402-1579 J. E. Sawyer, Esquire 203 South Edward Street Enterprise, Alabama 36330 Thomas Walker 26802 Highway 69A, North Altha, Florida 32421 Dr. Eric J. Smith Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 William V. Husfelt, Superintendent Bay County School Board 1311 Balboa Avenue Panama City, Florida 32401-2080
