17-004831PL Pam Stewart, As Commissioner Of Education vs. Veronica Campbell
 Status: Closed
Recommended Order on Wednesday, June 13, 2018.


View Dockets  
Summary: There was insufficient evidence to support the Commission's sanction against Respondent's teacher's certificate.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8PAM STEWART, AS COMMISSIONER OF

13EDUCATION,

14Petitioner,

15vs. Case No. 17 - 4831PL

21VERONICA CAMPBELL,

23Respondent.

24_______________________________/

25RECOMMENDED ORDER

27Pursuant to notice , a final hearing was conducted in this

37case on April 2, 2018, via video teleconference, with sites in

48Tallahassee and Lauderdale Lakes , Florida, before Administrative

55Law Judge R. Bruce McKibben of the Division of Administrative

65Hearings (ÐDOAHÑ) .

68APPE ARANCES

70For Petitioner: Charles T. Whitelock, Esquire

76Charles T. Whitelock, P.A.

80300 Southeast 1 3th Street

85Fort Lauderdale, Florida 33316

89For Respondent: Robert F. McKee , Esquire

95Robert F. McKee, P.A.

99Post Office Box 75638

103Tampa, Florida 33675

106STATEMENT OF THE ISSUE

110The issue in this case is whether just cause exists

120to sanction Respondent , Veronica Campbell (hereinafter

" 126Dr. Campbell "), for violation of Florida Statutes and Flo rida

137Administrative Code r ules governing the conduct of school

146teachers in the State of Florida ; and, if so, what sanction(s)

157should be imposed .

161PRELIMINARY STATEMENT

163An Administrative Complaint was issued by Petitioner,

170Pam Stewart , as Commissioner of Edu cation (hereinafter the

" 179Commission ") , on June 14, 2017. The complaint alleges

188violations of specified statutory and rule provisions by

196Dr. Cam p bell relative to her status as a teacher during the

2092014 - 2015 school year. An Amended Administrative Complaint ,

218accepted into the record by Order dated March 22, 2018, added

229allegations of acts having occurred during the 2016 - 2017 school

240year . Dr. Campbell timely filed an E lection of R ights in

253response to the complaint , indicating her desire for a formal

263administ rative hearing.

266At the final hearing, the Commission called two

274witnesses , Principal Angela Brown and Gretchen Adkins - Brown .

284The Commission 's E xhibits 1 through 14 were admitted into

295evidence. Dr. Campbell stipulated to admission of the exhibits,

304subje ct to the hearsay contained therein. The Commission did

314not raise any exceptions that might apply to the hearsay

324statements within the exhibits when they were offered into

333evidence at final hearing.

337Dr. Campbell testified on her own behalf . S he did not c all

351any other witnesses , nor did she offer any exhibits into

361evidence .

363All hearsay evidence was admitted subject to corroboration

371by competent, non - hearsay evidence. To the extent such hearsay

382evidence was not corroborated or did not support other compe tent

393evidence , it will not be used as a basis for any finding herein.

406The parties advised the undersigned that a transcript of

415the final hearing would be ordered. The parties requested and

425were granted 30 days from the date the transcript was filed at

437DO AH to submit propo sed recommended orders (ÐPROsÑ) . The

448T ranscript was filed on April 27, 2018 , meaning PROs were due on

461or before May 2 6 , 2018, but the parties requested and were

473allowed to submit their PROs by June 4, 2018. Each party timely

485submitted a PRO and both parties' submissions were given due

495consideration in the preparation of this Recommended Order.

503FINDINGS OF FACT

5061 . The Commission is responsible for overseeing all

515teachers and staff members of public schools in the State of

526Florida. It i s the duty and responsibility of the Commission

537to e nsure that all teachers follow the rules of professionalism

548and conduct set forth in Florida Statutes and the Florida

558Administrative Code. The Commission issues a teaching

565certificate to each instructor employed by a school and has

575the right to sanction teachers for wrongdoing. Sanctions may

584includ e revocation of the teaching certificate.

5912 . Dr. Campbell has been an employee of the Broward County

603School District since 2005, starting as a substitute teac her

613before becoming a regular teacher in 2007. Her entire tenure in

624Broward County has been at Dillar d Elementary School (the

634ÐSchoolÑ). Dr. Campbell has an associate of arts degree in

644accounting, a bachelorÓs degree in management, a master sÓ

653degree in h um an resources, and a doctorate in public policy and

666administration. The latter degree was obtained in 2013 . At all

677times relevant hereto, Dr. Campbell was teaching a kindergarten

686class at the School. She holds Florida EducatorÓs Certificate

695No. 964933, in cluding the areas of Elementary Education, English

705for Speakers of Other Languages, Reading, and Exception al

714Education. The certificate is valid through June 30, 2020.

7233 . Following an incident in April 2015 (the facts of which

735are not relevant to t his proceeding) , Principal Brown issued a

746ÐLetter of Summary,Ñ memorializing a meeting held on April 15,

7572015, with Dr. Campbell about the incident . Dr. Campbell

767refused to sign the letter and also refused to even accept a

779copy of the letter when proffere d . So, Principal Brown read the

792letter to Dr. Campbell, which included an admonishment that

801Dr. Campbell not hit, push, grab, or shake any student at the

813School. According to Principal Brown, Dr. Campbell, as was her

823usual custom, refused to even take a seat while she was in

835the PrincipalÓs office for the meeting . Instead, as usual,

845Dr. Campbell would only provide short answers to questions and

855it was difficult to obtain information from her . Though not

866inherently wrong, Dr. CampbellÓs behavior seems an odd way for a

877teacher to interact with her administrative supervisor.

884Dr. Campbell did not offer any explanation for her behavior. 1/

8954 . The Amended Administrative Complaint at issue in this

905proceeding alleges the following factual bases for imposing

913dis cipline against Dr. Campbell . Because of the ÐLetter of

924SummaryÑ that had been previously issued, the School

932administrators decided that some action needed to be taken when

942other incidents occurred . The following allegations (set forth

951verbatim from the Amended Administrative Complaint ) are at issue

961in this proceeding :

9653. During the 2014/2015 school year,

971Respondent inappropriately disciplined

974students by hitting them with an open hand

982and/or closed fist on their heads and arms.

9904. On or about April 24 , 2015, Respondent

998failed to properly supervise her students or

1005to protect the safety and wellbeing of her

1013students. Respondent failed to intervene

1018when J.S., a six year old, female student

1026walked around the room hitting other

1032students. R espondent furthe r failed to

1039act immediately, even to the extent of

1046simply saying, Ðstop,Ñ when several male

1053students responded to J.S. by attacking her

1060physically causing scratches and bruising.

10655. That on or about February 28, 2017,

1073Respondent contacted the principal by the

1079schoolÓs intercom system, demanding the

1084removal of a kindergarten.

10886. That upon her arrival, the principal

1095noted a five year old male student, R.L.,

1103standing and crying at the far west side of

1112the classroom. When asked why he was

1119crying, R.L . blu rted out, Ðshe hit me,

1128Dr. Campbell hit me.Ñ

11327. R.L. was removed from the classroom and

1140interviewed by the principal and assistant

1146principal. R.L. stated that when he took

1153another studentÓs iPad to use, Respondent

1159became angry, snatched the iPad away be fore

1167shoving him into the white board injuring

1174his right hand and knuckles.

11795 . The actual facts about the allegations are diffic ult to

1191ascertain from the evidence provided at final hearing , being

1200based almost completely on hearsay, mostly from statements made

1209by five - and six - year - old children. Unfortunately, no adults

1222witnessed the alleged events in their entirety . The allegations

1232are more specifically set forth below , including the use of

1242non - substantiated hearsay in order to more fully describe the

1253incidents at issue .

1257The R.P. Incident 2 /

12626 . On February 28, 2017 , student R.P . was being

1273uncooperative and disruptive in Dr. CampbellÓs classroom , as was

1282his normal demeanor. Sometime after lunch on that school day,

1292R.P. took an iPad away from another st udent and refused to give

1305it back. Dr. Campbell retrieved the iPad from R.P. in some

1316fashion. When the iPad was taken from him, R.P. was upset and

1328began crying . R.P. continued crying until Dr. Campbell called

1338the SchoolÓs front office and asked that R.P . be removed from

1350her room. Mrs. Adkins - Brown, who was at that time the School

1363p rincipal, reported to Dr. CampbellÓs room to retrieve R.P.

1373Both R.P. and Mrs. Adkins - Brown then left the classroom.

13847 . Mrs. Adkins - Brown Ós version of the story: When she

1397ar rived at Dr. CampbellÓs class room, Mrs. Adkins - Brown told R.P.

1410to get up from his desk and accompany her back to the office .

1424R.P. did not comply. Mrs. Adkins - Brown asked him again; again

1436he refused to move. Then Mrs. Adkins - Brown asked R.P. what was

1449wro ng and he reportedly replied , ÐShe [Dr. Campbell] hit me.Ñ

1460Mrs. Adkins - Brown took R.P. to the office and questioned him

1472again about what had happened . He said that Dr. Campbell had

1484hit him and/or pushed him against the wall to retrieve the iPad

1496he had ta ken from another student.

15038 . After talking with R.P. in th e office, Mrs. Adkins -

1516Brown initiated a very quick investigation into the incident.

1525She drew up a list of qu erie s which she and other school

1539administrators employ ed when questioning students from

1546Dr. CampbellÓs classroom. Some of the students allegedly t old

1556Mrs. Adkins - Brown that Dr. Campbell had hit R.P.; other students

1568purportedly said she did not. Some students also may have said

1579that Dr. Campbell has hit other students as well. Other

1589student s supposedly said Dr. Campbell did not hit other

1599students. None of the students, including R.P., testified at

1608final hearing, thus there is no corroborative evidence f o r the

1620statements made by Mrs. Adkins - Brown. The hearsay statements of

1631kindergarten stud ents are insufficient evidence on which to make

1641a finding of fact concerning this matter.

16489 . Dr. CampbellÓs version of the incident: R.P. took an

1659iPad belonging to another student. At the time, Dr. Campbell

1669was sitting at a table working with other stud ents. When R.P.

1681ran past the table, Dr. Campbell grabbed the iPad from him.

1692There was no other touching. R. P. continued to act out, so

1704Dr. Campbell called the front office to come remove R.P. from

1715the classroom. Dr. Campbell described R.P. as a general ly

1725disruptive child, about whom she had called the front office

1735many times to report bad behavior.

174110 . The incident was apparently investigated by the

1750Broward County S chool D istrict, but its conclusion wa s not moved

1763into evidence.

1765The J.S. Incident

176811 . Th e April 24 , 2015, incident (two years prior to R.P. )

1782involved certain agreed facts, i.e., that J.S. was hitting other

1792children until they began to hit her back . Little else is

1804conclusively established from the facts presented. The incident

1812occurred j ust days after the previously discussed ÐLetter of

1822SummaryÑ had been issued , directing Dr. Campbell not to harm her

1833students .

183512 . According to Dr. Campbell : J.S. was a notoriously

1846aggressive child who would often become confrontational with

1854fellow studen ts. On the day in question, near the end of the

1867school day, J.S. began walking around the classroom pointing at

1877various male students, saying, ÐI can whoop you.Ñ She would

1887open - hand slap each student as she addressed them. Dr. Campbell

1899told her to retur n to h er seat, but J.S. refused. Dr. Campbell

1913then picked up the telephone to call J.S.Ós mother, hoping the

1924parent could make J.S. behave. The parent did not answer the

1935call , so Dr. Campbell left a message. As she started to hang up

1948the phone , she hear d a commotion behind her. Turning around,

1959she saw three or four boys Ðbeating upÑ J.S. This frightened

1970Dr. Campbell. Rather than walking across the classroom to break

1980up the altercation, Dr. Campbell instead reached for the phone

1990and called the front of fice, yelling, Ð They are fighting,Ñ or

2003so me s uch statement. Although Dr. Campbell was obviously in

2014closer proximity to the altercation than anyone at the office,

2024she said she would have had to go a round desks and such to reach

2039the children , therefore she called the office .

204713. As Dr. Campbell hung up the phone, J.S. broke and ran,

2059heading for the classroom door. As she reached the door,

2069Principal Brown and Mrs. Adkins - Brown opened the door from the

2081other side. J.S. was restrained by Mrs. Adkins - Brown and taken

2093away from the classroom. Dr. Campbell did not adequately

2102explain why she could not immediately break up the fight between

2113kindergarten students rather than calling for assistance from

2121administration. Her explanation that the configuration of th e

2130desks and the size of the classroom prevented her from

2140intervening in the fight is not persuasive. Further, calling

2149for the Principal rather than trying to intervene because she

2159was ÐfrightenedÑ and Ðout of my wits,Ñ is not very plausible.

2171The children are five - to six - year - old kindergarteners.

218314 . According to Principal Brown : S he was in the office

2196when a telephone call came in from Dr. Campbell . She could be

2209heard on the phone exclaiming , Ð the fight, the fightÑ or

2220something of that nature . Princ ipal Brown and her assistant

2231principal , Mrs. Adkins - Brown, immediately hurried to the

2240classroom. She opened the clas sroom door with her key just

2251as J.S. ran out and was corralled by Mrs. Adkins - Brown.

2263Alternatively, as Principal Brown wrote in an earlier statement

2272( see Exhibit 6), J.S. was already outside the classroom, crying ,

2283when they arrived . Principal Brown saw the class in disarray,

2294wi th students out of their seats and furniture askew . She sa w

2308Dr. Campbell standing at the front of her room with an iPad in

2321her hand. Mrs. Adkins - Brown , meanwhile, took J.S. back to the

2333office.

233415 . At the office, J.S. allegedly said that Dr. Campbell

2345had told the other students to hit her or to hit her back if she

2360hit them. J.S.Ós mom was called and was told about the

2371incident. W hen she arrived at the school, the mom immediately

2382called the police to report the allegations . Neither J.S. nor

2393her mother testified at final hearing to cor roborate the se

2404assertions.

240516 . Mr s . Adkins - Brown confirmed her role in the incid ent

2420and added that Dr. Campbell see med to have a smile or smirk

2433on her face when J.S. ran out of the classroom. However,

2444Mrs. Adkins - Brown also stated ear lier (Exhibit 19) that J.S.

2456was outside the classroom when she arrived. Alternatively,

2464Mrs. Adkins - B rown saw Dr. Campbell ÐsmilingÑ and/or asked

2475Principal Brown whether she saw Dr. Campbell laughing. Or,

2484possibly, she did not come into the classroom at all.

2494Mrs. Adkins - Brown noted that J.S. had bruises on her body, but

2507she did not know their origin.

251317 . Following the incident, the school administrators

2521questioned some of the students from Dr. CampbellÓs class. Some

2531of the students were said to have confirmed J.S.Ós perception of

2542the matter, other students were said to disagree. None of the

2553students t estified at final hearing.

255918 . While conducting its investigation into this incident ,

2568the S chool transferred Dr. Campbell out of the classroom into

2579another position. She remained out of the classroom for one

2589year.

259019 . Although the police were called a fter the J.S.

2601incident, no further action was taken by the Police Department

2611concerning the matter. The Florida Department of Children and

2620Families was also notified, but that agency declined to become

2630involved due to an insufficiency of evidence .

263820 . The Broward County School District Police Department

2647did conduct an investigation of both incidents (R.P. and J.S.) .

2658Some hearsay statements made by Dr. Campbell during that

2667investigation were introduced into evidence, but they were not

2676competent, substan tial evidence on which to make a finding of

2687fact herein.

268921 . Dr. Campbell has been the recipient of several

2699allegations similar to the facts of the instant case during the

2710past four years. She has not received any sanction as a result

2722of those allegation s.

272622 . There was very little non - hearsay evidence in this

2738case. All that can be firmly established is that at least two

2750students in Dr. CampbellÓs classroom made allegations against

2758her . None of the allegations w ere corroborated by persuasive

2769non - hear say evidence.

277423 . And, whether from the passage of time since the

2785incidents occurred or faulty memories, even the hearsay evidence

2794was not reliable. There were multiple incidents in the record

2804where witnesses con tradicted prior recollections .

2811CONCLUSIONS OF LAW

281424 . The Division of Administrative H earings has

2823jurisdiction over the parties to and the subject matter of this

2834proceeding . The proceedings are governed by section s 120.57 an d

2846120.569, Florida Statutes . Unless specifically stated otherwise

2854herei n, all references to Florida Statutes shall be to the

2865201 7 codification.

286825 . The Commission has the authority to investigate and

2878prosecute alleged violations of s ection 1012. 795 ( 1 ) , Florida

2890Statutes , which states in pertinent part:

2896The Education Pra ctices Commission may

2902suspend the educator certificate of any

2908person as defined in s. 1012.01 (2) or (3)

2917for up to 5 years, thereby denying that

2925person the right to teach or otherwise be

2933employed by a district school board or

2940public school in any capacity requiring

2946direct contac t with students for that

2953period of time, after which the holder may

2961return to teaching as p rovided in subsection

2969(4); may revoke the educator certificate of

2976any person, thereby denying that person the

2983right to teac h or otherwise be employed by

2992a district s chool board or public school

3000in any capacity requiring direct contact

3006with students for up to 10 years, with

3014reinstatement subject to the provisions of

3020subsection (4); may revoke permanently the

3026educator certificate of any person thereby

3032denying that person the right to teach or

3040otherwise be employed by a district school

3047board or public school i n any capacity

3055requiring direct contact with students;

3060may suspend the educator certificate, upon

3066an order of the court or notice by the

3075Department of Revenue relating to the

3081payment of child support; or may impose any

3089other penalty provided by law, if the

3096person:

3097* * *

3100(g) Upon investigation, has been found

3106guilty of personal conduct that seriously

3112reduces that personÓs effectiveness as an

3118employee of the district school board.

3124* * *

3127(j) Has violated the Principles of

3133Professional Conduct for the Education

3138Profession pr escribed by State Board of

3145Education rules.

314726 . F lorida Administrative Code Rule 6A - 10.081 is

3158entitled, Principles of Professional Conduct for the Education

3166Professional in Florida. This rule sets out various and sundry

3176ethical principles that should be followed by all teachers. The

3186rule states in pertinent part:

3191( 1) Florida educators shall be guided by

3199the following ethical principles:

3203(a) The educator values the worth and

3210dignity of every person, the pursuit of

3217truth, devotion to excellence, acqui sition

3223of knowledge, and the nurture of democratic

3230citizenship. Essential to the achievement

3235of these standards are the freedom to learn

3243and to teach and the guarantee of equal

3251opportunity for all.

3254(b) The educatorÓs primary professional

3259concern will al ways be for the student and

3268for the development of the studentÓs

3274potential. The educator will therefore

3279strive for professional growth and will seek

3286to exercise the best professional judgment

3292and integrity.

3294(c) Aware of the importance of maintaining

3301the respect and confidence of oneÓs

3307colleagues, of students, of parents, and of

3314other members of the community, the educator

3321strives to achieve and sustain the highest

3328degree of ethical conduct.

3332(2) Florida educators shall comply with

3338the following discipli nary principles.

3343Violation of any of these principles shall

3350subject the individual to revocation or

3356suspension of the individual educatorÓs

3361certificate, or the other penalties as

3367provided by law.

3370(a) Obligation to the student requires that

3377the individua l:

33801. Shall make reasonable effort to protect

3387the student from conditions harmful to

3393learning and/or to the studentÓs mental

3399and/or physical health and/or safety.

3404* * *

34075. Shall not intentionally expose a student

3414to unnecessary embarrassment or

3418dispar agement.

342027 . T he Commission is acting pursuant to its authority in

3432seeking to terminate Dr. Cam p bell 's teaching certificate based

3443on alleged violations including, inter alia, exposing her

3451students to unnecessary embarrassment or disparagement and

3458failing to protect them from physical harm.

346528 . B ecause this case involves the potential loss of a

3477license to engage in a business or livelihood, the Commission is

3488required to prove all elements of the violations charged by

3498clear and convincing evidence. Dep't of Banking & Fin . , Div. of

3510S ec . and Inv . Prot . v. Osborne Stern and Co. , 670 So. 2d 932,

3527933 (Fla. 1966); Ferris v. Turlington , 510 So. 2d 292 (Fla.

35381987). The clear and convincing evidence standard is succinctly

3547described in Evans Packing Co mpany v. Depa rtmen t of Agric ulture

3560a nd Consumer Serv ices , 550 So. 2d 112, 116 n.5 (Fla. 1st DCA

35741989) ( quoting Slomowitz v. Walker , 429 So. 2d 797, 800 (Fla. 4th

3587DCA 1983) ) , as:

3591[C]lear and convincing evidence requires

3596that the evidence must be found to be

3604credible; the facts to which the witnesses

3611testify must be distinctly remembered; the

3617evidence must be precise and explicit and

3624the witnesses must be lacking in confusion

3631as to the facts and issues. The evidence

3639must be of such weight that it produces in

3648the mind of t he trier of fact the firm

3658belief o r conviction, without hesitancy as

3665to the truth of the allegations sought to be

3674established.

367529 . Section 120.57(1)(c) provides that, Ð[h]earsay

3682evidence may be used for the purpose of supplementing or

3692explaining other e vidence, but it shall not be sufficient in

3703itself to support a finding unless it would be admissible over

3714objection in civil actions.Ñ See Harris v. Game & Fresh Water

3725Fish CommÓn , 495 So. 2d 806, 809 (Fla. 1st DCA 1986); Rivera v.

3738Bd. o f Tr s. o f TampaÓs Gen. Emp . Ret. Fund , 189 So. 3 d 207,

3756213 (Fla. 2d DCA 2016).

376130 . As set forth above, the testimony of each of the

3773witnesses was based almost exclusively on hearsay. 3/ None of th e

3785hearsay evidence was corroborated, so no findings can be made

3795based on th at testimony. Further, the testimony was not clear

3806and convincing, lacking precision and explicit recall. Absent

3814competent, substantial evidence of the facts alleged in the

3823Amended Administrative Complaint, it is impossible to recommend

3831any sanction agai nst Dr. CampbellÓs teaching certificate.

383931. Section 1012.796(7) sets forth the process for

3847issuance of a final order after receiving the recommendation

3856from the Administrative Law Judge. That statutory section

3864requires Ða panel of the commissionÑ to ent er the final order

3876Ðeither dismissing the complaint or imposing one or more . . .

3888penalties.Ñ Id . In the instant case, no recommendation can be

3899made as to a sanction or penalty. Thus, the only option for the

3912panel of the commission is to dismiss the Ame nded Administrative

3923Complaint in its entirety.

392732 . Dr. CampbellÓs demeanor at final hearing, her behavior

3937when meeting with School administrators, and the number of

3946claims made by her students in re cent years all suggest that

3958Dr. Campbell may not be work ing in the most appropriate

3969environment for someone like her. However, a recommendation for

3978sanction was clear ly not proven by clear and convincing evidence

3989in the present case.

3993RECOMMENDATION

3994Based on the foregoing Findings of Fact and Conclusions of

4004La w, it is

4008RECOMMENDED that a final order be entered by the

4017Commissioner of Education dismissing the complaint against

4024Respondent, Veronica Campbell, in its entirety .

4031DONE AND ENTERED this 13 th day of June , 2018 , in

4042Tallahassee, Leon County, Florida.

4046S

4047R. BRUCE MCKIBBEN

4050Administrative Law Judge

4053Division of Administrative Hearings

4057The DeSoto Building

40601230 Apalachee Parkway

4063Tallahassee, Florida 32399 - 3060

4068(850) 488 - 9675

4072Fax Filing (850) 921 - 6847

4078www.doah.state.fl.us

4079Filed with the Clerk of the

4085Division of Administrative Hearings

4089this 13 th day of June , 2018 .

4097ENDNOTE S

40991/ In the deposition transcript ad mitted into evidence as

4109Exhibit 12 in this matter, Dr. Campbell provided a bizarre and

4120increasingly disjointed response co ncerning her meeting with

4128Principal Brown about the letter. Even though there may have

4138been some cultural and linguistic difficulty involved , the

4146totality of her testimony seemed more intended to obfuscate than

4156to provide a clear statement of what had tra nspired at the

4168meeting.

41692/ Although the allegations in the Amended Administrative

4177Complaint and the Prehearing Stipulation refer to student ÐR.L.Ñ

4186throughout, the testimony and evidence at final hearing

4194regarding this incident indicate that ÐR.P.Ñ is act ually the

4204student at issue.

42073 / The Commission contends in its PRO, without any cited

4218authority, that R.P.Ós alleged statements constitute Ðexcited

4225utterances , Ñ which are exceptions to the hearsay rule. See

4235§ 90.803(3), Fla. Stat. That issue was not rai sed at final

4247hearing and the elements of an excited utterance exception were

4257not proven. R.P.Ós statements are thus excluded from

4265consideration in this matter.

4269COPIES FURNISHED:

4271Gretchen Kelley Brantley, Executive Director

4276Education Practices Commissio n

4280Department of Educatio n

4284Turlington Building, Suite 316

4288325 West Gaines Street

4292Tallahassee, Florida 32399 - 0400

4297(eServed)

4298Charles T. Whitelock, Esquire

4302Charles T. Whitelock, P.A.

4306300 Southeast 13th Street

4310Fort Lauderdale, Florida 33316

4314(eServed)

4315Robert F. McKee, Esquire

4319Robert F. McKee, P.A.

4323Post Office Box 75638

4327Tampa, Florida 33675

4330(eServed)

4331Matthew Mears, General Counsel

4335Department of Education

4338Turlington Building, Suite 1244

4342325 West Gaines Street

4346Tallahassee, Florida 32399 - 0400

4351(eServed)

4352Marian Lambeth, Bureau Chief

4356Bureau of Professional

4359Practices Services

4361Department of Education

4364Turlington Building, Suite 224 - E

4370325 West Gaines Street

4374Tallahassee, Florida 32399 - 0400

4379(eServed)

4380NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4386All parties have the right to submit written exceptions within

439615 days from the date of this Recommended Order. Any exceptions

4407to this Recommended Order should be filed with the agency that

4418will issue the Final Order in this case.

Select the PDF icon to view the document.
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Date
Proceedings
PDF:
Date: 10/18/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 08/06/2018
Proceedings: Agency Final Order
PDF:
Date: 06/13/2018
Proceedings: Recommended Order
PDF:
Date: 06/13/2018
Proceedings: Recommended Order (hearing held April 2, 2018). CASE CLOSED.
PDF:
Date: 06/13/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/04/2018
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 06/04/2018
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 05/23/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/22/2018
Proceedings: Joint Motion for Extension of Time to File Proposed Recommended Order filed.
PDF:
Date: 04/27/2018
Proceedings: Notice of Filing Transcript.
Date: 04/27/2018
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 04/02/2018
Proceedings: CASE STATUS: Hearing Held.
Date: 03/29/2018
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 03/28/2018
Proceedings: Notice of Filing (hearing exhibit) filed.
PDF:
Date: 03/27/2018
Proceedings: Notice of Scheduling Court Reporter filed.
Date: 03/27/2018
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 03/27/2018
Proceedings: Deposition filed.
PDF:
Date: 03/26/2018
Proceedings: Petitioner's Notice of Filing of Proposed Exhibits filed.
PDF:
Date: 03/22/2018
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 03/22/2018
Proceedings: Order Granting Motion to Amend Administrative Complaint
PDF:
Date: 03/14/2018
Proceedings: Petitioner's Motion to Amend Administrative Complaint filed.
PDF:
Date: 01/19/2018
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 2, 2018; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
PDF:
Date: 01/18/2018
Proceedings: Joint Motion to Continue Hearing filed.
PDF:
Date: 01/17/2018
Proceedings: Notice of Transfer.
PDF:
Date: 01/04/2018
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 01/04/2018
Proceedings: Notice of Appearance (Robert McKee) filed.
PDF:
Date: 11/30/2017
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 11/30/2017
Proceedings: Order Granting Motion to Withdraw.
PDF:
Date: 11/29/2017
Proceedings: Amendment to Motion to Withdraw as Counsel and Unopposed Motion to Continue Final Hearing filed.
PDF:
Date: 11/29/2017
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 8, 2018; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
PDF:
Date: 11/29/2017
Proceedings: Order Taking Motion to Withdraw Under Advisement.
PDF:
Date: 11/27/2017
Proceedings: Motion to Withdraw as Counsel and Unopposed Motion to Continue Final Hearing filed.
PDF:
Date: 10/06/2017
Proceedings: Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
PDF:
Date: 10/06/2017
Proceedings: Respondent's Notice of Service of Answers to Interrogatories filed.
PDF:
Date: 09/28/2017
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for December 7, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
PDF:
Date: 09/27/2017
Proceedings: Joint Motion to Continue Final Hearing filed.
PDF:
Date: 09/20/2017
Proceedings: Notice of Service of Interrogatories and Request for Production filed.
PDF:
Date: 09/06/2017
Proceedings: Notice of Service of Petitioner's Request for Admissions to Respondent filed.
PDF:
Date: 09/06/2017
Proceedings: Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
PDF:
Date: 09/06/2017
Proceedings: Notice of Service of Petitioner's Request for Production to Respondent filed.
PDF:
Date: 09/01/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/01/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for October 19, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
PDF:
Date: 08/24/2017
Proceedings: Initial Order.
PDF:
Date: 08/24/2017
Proceedings: Notice of Appearance (Carol Buxton).
PDF:
Date: 08/24/2017
Proceedings: Administrative Complaint filed.
PDF:
Date: 08/24/2017
Proceedings: Election of Rights filed.
PDF:
Date: 08/24/2017
Proceedings: Agency referral filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
08/24/2017
Date Assignment:
01/17/2018
Last Docket Entry:
10/18/2018
Location:
Lauderdale Lakes, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (7):