19-006071PL
Richard Corcoran, As Commissioner Of Education vs.
Thomas Masters
Status: Closed
Recommended Order on Tuesday, April 28, 2020.
Recommended Order on Tuesday, April 28, 2020.
1S TATE OF F LORIDA
6D IVISION OF A DMINISTRATIVE H EARINGS
13R ICHARD C ORCORAN , A S C OMMISSIONER
21OF E DUCATION ,
24Petitioner ,
25vs. Case No. 19 - 6071PL
31T HOMAS M ASTERS ,
35Respondent .
37/
38R ECOMMENDED O RDER
42On February 11 and 12, 2020, Administrative Law Judge W. David
53Watkins of the Division of Administrative Hearings (Division) conducted a
63hearing in this proceeding in St. Augustine, Florida.
71A PPEARANCES
73For Petitioner: Ron Weaver, Esquire
78Post Office Box 770088
82Ocala, Florida 34477 - 0088
87For Respondent: Heidi B . Parker, Esquire
94Egan, Lev, Lindstrom & Siwica, P.A.
100Post Office Box 2231
104Orlando, Florida 32802
107S TATEMENT OF T HE I SSUE S
115The issues to be determined are whether Respondent, Thomas Masters,
125violated section 1012.795(1)(j), Florida Statutes, and Florida Administrative
133Code R ules 6A - 10.081(2)(a)1 and 6A10.081(2)(a)5, as charged in the
145Administrative Complaint; and, if so, what disciplinary penalty should be
155imposed.
156P RELIMINARY S TATEMENT
160On September 5, 2019, Petitioner , Richard Corcoran, as Commissioner of
170Education (Petitioner or Commissioner), file d an Administrative Complaint
179against Respondent, alleging violations of section 1012.795(1)(j) (Count 1),
188rule 6A - 10.081(2)(a)1 . (Count 2) , and rule 6A - 10.081(2)(a)5 (Count 3).
202Respondent timely filed an Election of Rights form, disputing the
212allegations and requesting a hearing. On November 14, 2019, the Education
223Practices Commission (EPC) referred this matter to the Division for
233assignment of an administrative law judge. On December 6, 2019, the
244undersigned noticed this matter for final hearing on Febr uary 11 and 12,
2572020, in St. Augustine, Florida.
262On February 11, 2020, at PetitionerÔs request, the hearing was held at
274H.D. Hartley Elementary School (Hartley) for the convenience of the parents
285and students called to testify. On February 12, 2020, the h earing was held at
300the St. Johns County Courthouse.
305Prior to the final hearing, the parties filed a Joint Pre - hearing Statement,
319in which they stipulated to certain facts. To the extent relevant, the parties'
332stipulated facts have been incorporated in the findings below.
341On February 10, 2020, Petitioner filed a motion for leave to amend the
354Administrative Complaint based upon newly discovered evidence.
361Respondent opposed the motion. On the day of the final hearing, the
373undersigned heard argument from coun sel for both parties. The motion was
385denied.
386On February 11 and 12, 2020, the undersigned conducted the final
397hearing. Petitioner presented the testimony of: Catherine Hutchins
405(Associate Superintendent for Human Resources), Antonio Scott (Principal),
413Cry stal Poticny (Teacher), Kimberly Sikes (Teacher), Kathleen Baker
422(Assistant Principal), parent S.P., student B.P., parent R.R., student T.R.,
432parent J.R., student C.R., parent A.V., student M.V., Michael Dresback
442(Associate Superintendent for Support Servi ces), and Dr. Paul Goricki
452(Principal). The undersigned admitted PetitionerÔs Exhibits 1 through 7, 9,
46215, 16, 18 , and 19 in evidence.
469Respondent testified on his own behalf and presented the testimony of
480Amber Rewis Phillips, Susan Jane Joyner, Danielle Sisk, Bettina
489Timmerman, Trevor Wezkiewicz, Rhieanna DeGrande, Robert K. Mathis,
497John Samuels, and Carolyn Dubowsky. The undersigned admitted
505RespondentÔs Exhibits 1 through 11 in evidence.
512The two - volume T ranscript was filed with the Division on March 9, 2020.
527After one extension, the parties timely submitted P roposed R ecommended
538O rders on March 30, 2020.
544Except where otherwise indicated, all references to the Florida Statutes in
555this Recommended Order are to the 2018 edition. See McCloskey v. DepÔt of
568F in. Servs. , 115 So. 3d 441, 444 (Fla. 5th DCA 2013) (holding that statutes
583and rules in effect at the time of the allegations apply, unless otherwise
596specified).
597F INDINGS OF F ACT
602Based upon the credibility of the witnesses and evidence presented at the
614fi nal hearing and on the entire record of this proceeding, the following
627Findings of Fact are made:
632Background
6331 . Respondent holds Florida EducatorÔs Certificate 743504, covering the
643areas of elementary education and physical education, which is valid thro ugh
655June 30, 2024.
6582 . The Commissioner is the head of the state agency, the Florida
671Department of Education, responsible for investigating and prosecuting
679allegations of misconduct against individuals holding Florida educator
687certificates. Upon a finding of probable cause, Petitioner is then responsible
698for filing a formal complaint and prosecuting the complaint pursuant to
709chapter 120, Florida Statutes, if the educator disputes the allegations in the
721complaint.
7223 . Since 1994, Respondent has been responsi ble for the care and
735development of el ementary school - aged children. He became certified to teach
748elementary education in Florida in 1995 , and at that time began teaching
760physical education (P . E . ) for the Archdiocese of Miami. In approximately
7741999 , Respon dent was certified in P . E . He taught P . E . for 19 years and
794theology for one year. He was the Athletic Dire ctor for 18 of those 20 years.
810Respondent has received no prior Department of Education (DOE) discipline.
8204 . RespondentÔs duties as Athletic Director for the Archdiocese included
831recruiting volunteer coaches, setting schedules, making sure that the teams
841were outfitted, securing referees, designing uniforms, improving play spaces,
850begging for equipment, soliciting donations, and making sure the coaches did
861a good job.
8645 . In 2015, Respondent relocated from south Florida to St. Johns County
877to assist with the care of his moth er after his fatherÔs passing. He taught PE
893in the St. Johns County School District (SJCSD) from 2015 through 2019.
9056 . In the 2015 - 2 016 school year, Respondent worked at PVPV - Rawlings
921Elementary School (PV) in a half - day position and in the after - care program.
937The principal of PV, Kathleen Furness, eva luated Respondent as Ñeffective . Ò
950At the conclusion of the school year , Ms. Furness r ecommended Respondent
962to the pri ncipal at Hartley, Joy Taylor. Ms. Furness did not want him to leave
978PV, but the school di d not have an opening for him. Ms. Furness told Susan
994Joyner, a third grade teacher at Hartley, that Hartley was getting Ñthe best
1007of the best.Ò
10107 . At the time of the allegations in the Administrative Complaint,
1022Respondent was employed as a P.E. teacher at Hartley in the SJCSD. He was
1036the P.E. teacher for kindergarten through fifth grade and the on ly P.E.
1049teacher at the school. Teachers would take their students to P.E. at various
1062times during the week, leave them with Respondent , and come back to get
1075them after their P.E. session. During his time at Hartley, Respondent had a
1088new principal each year. During the 2016 - 2017 school year, Hart leyÔs
1101principal was Joy Taylor. During the 2017 - 2018 school year, HartleyÔs
1113principal was Antonio Scott. During the 2018 - 2019 school year, HartleyÔs
1125principal was Dr. Paul Goricki.
1130The 2016 - 2017 School Year
11368 . In the 2016 - 2017 school year, Respondent wa s hired as the P.E. teacher
1153at Hartley after the schoolÔs long - time P.E. instructor, Coach Beech, retired.
1166When Respondent was hired at Hartley, he noticed that the teachers there
1178were physically affectionate with the stude nts, hugging regularly. School
1188ad ministrators and teachers testified that students regularly hugged
1197teachers. Hartley administration accepted the practice of student - teacher
1207hugs.
12089 . Amber Phillips holds a degree in elementary education and holds a
1221teaching certif icate in elementary educa tion. Ms. Phillips has been teaching
1233first and secon d grade at Hartley since 2012. Ms. Phillips testified that the
1247younger the students, the more affectionate they are. Children wanted to be
1259comforted and loved. Ms. Phillips testified that appropriate touc h is beneficial
1271to student mental health and learning. Respondent was told when he was
1283hired that he fit in at Hartley because he was warm and caring.
129610. Respondent immediately helped to increase the studentsÔ s activity
1306level and interest in physical acti vity. By all accounts, Respondent created an
1319excellent P . E . program for his students. He emphasized the importance of
1333physical fitness standards, and instituted the Presidential Physical Fitness
1342Award Program which involved rigorous physical fitness traini ng and testing.
1353Respondent competed with his students by racing and challenging them, and
1364by telling them he could do more sit - up s or push - ups than they could.
1382Respondent played basketball with the students during recess.
139011 . Joy Taylor, HartleyÔs Princip al, evaluated Respondent as effective in
1402his 2016 - 2017 evaluation stating, ÑYou have been one of my Ómost valuable
1416acquisitions.Ô You have brought so much positive energy and fitness to
1427Hartley for which I am so grateful. From fund raising to field day, ph ysical
1442fitness tests to basketball team È you have gone out of bounds to bring fun
1457and fitness to our school. I appreciate all your hard work, care and
1470commitment to our students, staff and school!Ò
147712. According to Amber Lewis, a second grade teacher at Hartley during
1489this school year, when Respondent started teaching at Hartley, Ñhe really
1500instilled physical fitness back into them and just wanted them [sic] to be
1513healthy and get plenty of exercise but also encourage them by coaching the
1526kidsÔ [sic] baske tball team and going to kidsÔ [sic] events after school, and
1540really pitching [sic] in wherever he needed to be. Doubling up and tripling up
1554in classes and they were all happy to go with him any time.Ò
156713 . Respondent Ô s P.E. classes were loud, fast - paced , an d action packed.
1583The indoor routines included s it - ups, push - ups , or stretches. The outdoor
1598routines included dynamic or static stretching, jogging, skipping , or
1607galloping.
160814 . Respondent was a physical and hands on P.E. teacher and coach. He
1622paired student s to do sit - ups. One student acted as an anchor to hold the
1639other studentÔs feet down. Anchoring activated more muscle groups to help
1650the student perform the activity. Respondent helped hold a studentÔs feet
1661down , lightly touching his feet to assist the st udent in doing sit - ups.
167615 . Respondent frequently gave his students high - fives and handshakes.
1688When his students hugged him, he tried to redirect them by telling them to
1702let go, raising his arms to get them to release their hug, continuing to walk
1717until th ey let go, or r edirecting them to a side hug. Occasionally he would
1733have to put his hand on their head in an attempt to let them know that they
1750should let go of him.
175516 . In P.E. class there was more of a risk of harm from physical contact.
1771Respondent Ô s st udents played sports, including flag football and basketball.
1783Respondent prevented collisions between his students, sometimes using
1791physical contact. Students ran into him and he caught them when they would
1804bounce off of him. Respondent would occasionally have to break up
1815altercations between students in his P.E. classes. Respondent was concerned
1825with safety in his class and went over the rules and expectations and gave
1839instruction on the safe use of equipment.
184617. Respondent built relationships with his s tudents. He listened to them
1858and took an interest in their activities outside of class. He let his students
1872know that they were important and special. The evidence established that
1883the vast majority of students appeared to enjoy P . E . , and liked Respondent .
189918 . Several Hartley teachers and parents of Hartley students testified on
1911RespondentÔs behalf. Those witnesses testified that they observed only
1920positive interactions between Respondent and the students. All agreed
1929Respondent had made many positive contri butions to HartleyÔs culture and
1940was a positive influence on the students. These witnesses never observed
1951anything inappropriate between Respondent and any students, and none saw
1961Respondent tickle students or pull their hair.
196819 . Rhieanna DeGrande , a pare nt of two Hartley students, testified that
1981she saw Respondent every day from 2016 through 2019 during the school
1993year. She never saw him do anything unsafe or inappropriate. However, she
2005did see him give the students high - fives and hugs, and sometimes the
2019stude nts would Ñlatch onto his legs È they loved him.Ò Ms. DeGrande heard
2033from other parents and some teachers that Respondent was doing a great job,
2046that he brought a lot of new activities to Hartley, and that he was very
2061involved and loved the kids.
206620 . Retired St. Johns County Circuit Court Judge and State Attorney
2078Robert Mathis met Respondent in 2016. Judge Mathis volunteered to help
2089coach the basketball team that his grandson joined , and witnessed
2099Respondent regularly interact with the students.
210521 . Ju dge Mathis testified that Respondent took care of the kids when
2119they were injured and did not call children babies and tell them to stop
2133crying. He never yelled at the childre n or was mean to the children. He did
2149not p ull their hair or tickle them. He pick ed them up when they fell down.
2166Respondent patted the kids on the back when they did a good job, and he
2181touched them when he showed them playing technique. Judge Mathis heard
2192good things from the parents; they liked the way their kids responded to
2205Responde nt Ô s coaching. When Judge Mathis heard rumors about Respondent ,
2217he wrote a letter to Tim Forson, the Superintendent of SJCSD , and to
2230HartleyÔs Principal Goricki. In his letter, Judge Mathis wrote about the
2241positive relationships that he witnessed between t he students and
2251Respondent, and about RespondentÔs positive impact as a coach.
226022. But Respondent was not without his detractors. Crystal Poticny is a
2272kindergarten teacher at Hartley. Ms. Poticny testified that during the
22822016 - 2017 school year, she observ ed Respondent on numerous occasions
2294Ñinappropriately interacting with students: touching their neck, shoulders,
2302tickling, picking students up like a sack of potatoes, ca rrying students on his
2316waist.Ò She further testified that she saw Respondent poking and squeezing
2327students, and that sometimes the students were cry ing and yelling Ñput me
2340down!Ò Ms. Poticny told Respondent Ñplease stop, put them down, they donÔt
2352like that.Ò
235423 . Ms. Poticny testified that it made her uncomfortable to watch
2366Respondent int era ct with students like that. Although Ms. Poticny warned
2378Respondent about his behavior with students, it continued through out the
23892016 - 2017 school year. She reported her concerns to their principal, Joy
2402Taylor.
2403The 2017 - 2018 School Year
240924 . Ms. Poticny al so testified that during the 2017 - 2018 school year,
2424Respondent Ô s behavior with students was the same. She observed Respondent
2436carrying a student on his hip while the student was yelling and screaming.
2449Sometimes the students would be pushing him away and cr y ing and yelling
2463Ñput me down!Ò She reported her concerns to their principal, Antonio Scott.
247525 . Kimberly Sikes is a first - grade teacher at Hartley. When Respondent
2489started at Hartley, Ms. Sikes thought he was a good fit. She testified that
2503Respondent Ñd i d a lot for the P.E. program. Ò However, Ms. Sikes observed
2518Respondent force a student to the ground several times, then tell other
2530students, ÑEverybody come over and look at so and so, heÔ s crying like a two -
2547year old.Ò Ms. Sikes repor ted the incident to Mr . Scott. Later in the year,
2563Ms. Sikes observed Respondent standing over the same boy, as the boy was
2576crying, point in his face and say to the boy, ÑYouÔre nothing but a little baby.Ò
2592Ms. Sikes told Respondent , ÑThatÔs enough.Ò She thought that after she
2603re ported her concerns to Mr. Scott during the 2017 - 20 18 school year, the
2619matter would be resolved.
262326 . During the week of February 26, 2018, several kindergarten teachers
2635spoke with Mr. Scott regarding what they perceived to be inappropriate
2646interactions be tween Respondent and some of the students. On March 2,
26582018, Mr. Scott met with Respondent to discuss those concerns. One of the
2671matters Mr. Scott addressed was an incident involving a student reporting
2682that Respondent choked him. Respondent explained to M r. Scott that Ñhe had
2695his hand on the childÔs neck, and the child held his hands, and then he could
2711pic k them up like a magic stick.Ò Mr. Scott told Respondent he could not in
2727jest touch children and play around, Ñwe canÔt treat children like they are our
2741nieces and nephews or our own children.Ò
274827 . At the conclusion of the March 2, 2018 , meeting, Mr. Scott believed he
2763had forcefully made his point with this verbal warning to Respondent abo ut
2776such contact with students. However, just a week later, on March 9, 2018,
2789Mr. Scott had to address another matter regarding Respondent touc hing a
2801student. A student reported that Ñ Respondent had taken her and forced her
2814to the ground.Ò Mr. Scott asked Respondent about what the student reported.
2826Respondent told Mr. Scott that the student was going to throw mulch at
2839another student, therefore he felt it was necessary to do a Ñtakedown moveÒ
2852on the student in order to disarm the student. The student was eight years
2866old.
286728 . As a result of these March 2 and March 9 incidents , on March 9, 2018,
2884Mr. Scott gave Respondent a letter of improv ement. In the letter, Mr. Scott
2898stated, among other things:
2902As we move forward, I expect you to:
29101. An apology is to be given to the student who was
2922forced to be seated.
29262. It is recommended you enroll in a Crisis
2935Prevention (CPI) course which is offered
2941periodically by the district.
29453. The administration is to be contacted for
2953assistance if a student is causing a disruption or
2962unsafe environment.
296429 . Mr. Scott also warned Respondent by tel ling him specifically, Ñyour
2977livelihood is in jeopardy, make sure that you act accordingly so that this does
2991not force some other steps in terms of progressive discipline.Ò
300130 . Approximately five weeks later, Mr. Scott prepared his written
3012evaluation of Re spondent for the 2017 - 2018 school year, commenting as
3025follows:
3026Tom:
3027Your commitment to elevating the schoolÔs PE
3034program and willingness to go above and beyond
3042has not gone unappreciated. In preparation for a
3050successful 2018 - 2019 school year you are
3058encou raged to carefully reflect on all feedback given
3067to you either in person or in I - Observation. I t has
3080been a pleasure to work alongside you and to
3089support you this year.
3093Antonio
309431 . Mr. Scott assigned a Final Summative Score of 3.39, a score placing
3108Respo ndent on the high end of the effective scale.
3118The 2018 - 2019 School Year
312432 . In early November 2018, while in Respondent P.E. classroom,
3135Ms. Sikes heard Respondent say to one of her students, B.P., ÑHey, Big Head,
3149Big Head.Ò Ms. Sikes believed that B.P. h ad been in Respondent class long
3163enough for Respondent to know his name. Ms. Sikes asked B.P. how it makes
3177him feel for Respondent to call him ÑBig Head . Ò B.P. responded, ÑIt makes me
3193sad.Ò Ms. Sikes testified that to call a stu dent ÑBig HeadÒ is Ñdegradin g, itÔs
3209humiliating.Ò ÑWould you call the overweight kid, the fat kid in class. ItÔs
3222really no different than that.Ò
322733 . While doing a writing assignment, B.P. and C.R. told Ms. Sikes that
3241Respondent pulled their hair Ñto get them from one place to another and that
3255he roughs them up or jacks them up and grabs hi s shirt and pulls it real
3272fast. . . and it sh akes them up back and forth.Ò These statements were
3287consistent with what she had seen in the past. Ms. Sikes reported the
3300students Ô statements to their par ents and to A ssistant P rincipal Kathleen
3314Baker.
331534 . On October 31, 2018, Ms. Baker went to the playground to see
3329Respondent regarding a behavior incident involving a student on his
3339basketball team. While they were speaking, three female kindergarten
3348studen ts came up to Respondent to tell him that one of the girls (T.R.) was
3364sad and was crying. Respondent took the little girl and tipped her upside
3377down, holding her by the waist and told her to Ñtip that frown upside down.Ò
3392He then put her back down. T.R. was not laughing, but she stopped crying.
340635 . Ms. Baker wrote in a statement after the incident Ñ [w] hile I was
3422uncomfortable with this, I could tell he meant it to be in jest and that he
3438thought it would cheer the girl up. I did not talk to him about the situ ation at
3456the time due to multiple issues that had to be addressed immediately.Ò
346836 . Susan Joyner taught elementary school for 37 years, and holds a
3481degree in early child hood and elementary education. She taught
3491kindergarteners for ten years. She retired at the end of the 2016 - 2017 school
3506year. That year she taught third grade at Hartley and interacte d frequently
3519with Respondent . Ms. Joyner testified that her students loved Respondent ,
3530although he was a tough teacher and had high expectations of his studen ts.
3544According to Ms. Joyner, her students could n o t wait to go to P.E. class with
3561Respondent , and after class were very excited about what they had done and
3574what they had accomplished.
357837 . At hearing, Ms. Joyner was questioned on cross - examination about he r
3593reaction to the Ñturn tha t frown upside downÒ incident. She testified as
3606follows:
3607A. Let m e turn that frown upside down. I think
3618thatÔs pretty creative. And itÔs also Ð and I also
3628think itÔs a distraction Ð so many problems are so
3638minimal and for somebody to turn somebody upside
3646down, a five - year - old and just have fun with th em
3660and Ð Listen, IÔm old school. I started teaching a
3670long time ago when every little remark and every
3679little thing that we said to students wasnÔt such a
3689big deal.
3691Q. So that scenario tha t I just gave you, thatÔs okay
3703with you; is that right?
3708A. Well, you know, I would have had to have been
3719there to witness it. Can you give me more details?
3729So afterwards did the little girl stop crying and go
3739off and play with the rest of her class and co ntinue
3751in th e activity? What happ ened afterwards? I donÔt
3761know. Did she go screaming to her teacher w hen
3771the teacher picked her up? Was she balling her eyes
3781up. You know, ÑWhy did you pick me up and put me
3793upside down.Ò What did the other kids -- I donÔt
3803kno w. ThereÔs so many details that you are not
3813telling me that I am not going to judge a teacher for
3825trying to a make a five - year - old happy. IÔm not
3838g oing to negatively judge them. If their intent was
3848to turn their frown upside down, IÔm not going to
3858trash th at teacher.
386238 . According to Ms. Sikes, even if it is not done with malice or intent to
3879hurt the child, turning a student upside down ÑitÔs crossing the barrier of
3892inapp ropriately touching students.Ò ItÔs common sense È Ñas teachers we
3903donÔt interact with children that way.Ò 1
391039 . The next day, November 1, 2018, Ms. Baker received an email from
3924Ms. Sikes. The email stated:
3929I am writing this letter on behalf of Nichole Poticny
3939and myself with concerns of situations that have
3947been occurring during our class' P.E. block. Two of
3956my students have made me aware that Tom
3964Masters has pulled their hair in an effort to move
3974them to the corner of the room after getting out in a
3986game, or touching other friends during a game.
3994They also mentioned that he "pushes and shove s
4003them." I have heard him directly call one of my
4013students "big head," and when questioned he said,
40211 Respo ndent alleged that Ms. Poticny and Ms. Sikes had mou nted a ÑcampaignÒ against him.
4038However, there is no evidence of any animus by these fellow teachers against him, nor
4053evidence of any other motivation for them to mount such a campaign.
"4065I don't know his name. He has a big head so I call
4078him big head." There are other instance that we
4087have observed and we would like to further discuss
4096with you in private.
4100Nichole and I would like to meet with you at your
4111earliest convenience.
411340 . Ms. Baker met with Ms. Sikes on the morning of November 2, 2018.
4128Ms. Sikes told Ms. Baker about what she observed and what the students had
4142reported to her. Later that morning, the parents of B.P. arrived at the school
4156and wanted to speak with an administrator. They told Ms. Baker that
4168Respondent called B.P. ÑBig Head,Ò that he is pulling B.P.Ôs hair and this is
4183unacceptable and administration needed to do somethin g about it.
419341 . C.R.'s mo ther also requested a meeting with Ms. Baker . They talked
4208over the phone about Respondent pulling her sonÔs hair.
421742 . On November 2, 2018 , Ms. Baker interviewed Ms. Poticny regarding
4229h er concerns about Respondent . During that inter view, Ms. Poticny told
4242Ms. Baker that:
"4245Yesterday he took a little girl's head with both
4254hands and shook her face because she said she had
4264a headache.
4266He makes the Kindergarteners do 30 push - ups at
4276the beginning of each class. If they don't have a
4286partner , he is their partner and stands on their
4295feet. If they don't do 30 push - ups, he puts them in
4308the corner.
4310He is tickling kids all the time - their stomach,
4320their neck, under their arms. He will grab them
4329around the waist.
4332He has picked kids up and carrie d them under his
4343arm.Ò
434443 . Two hours following her interview with Ms. Poticny, Ms. Baker (and
4357Kyle Dresback, an administrator with the District Office), met with
4367Respondent to discuss the allegations. According to Ms. BakerÔs notes, at the
4379meeting Respond ent admitted to calling B.P. ÑBig Head,Ò but stated he did
4393not recall pulling students' hair. However, he did acknowledge patting
4403students on the head and shoulder and grabbing basketball players by the
4415shirt while demonstrating technique.
441944 . On November 5, 2018, Catherine Hutchins, the Director of Human
4431Resources, received two telephone calls from parents regarding Respondent ' s
4442interactions with their children. On November 6, 2018, Ms. Hutchins met
4453with Respondent . When asked about turning T.R. upside dow n, Respondent
4465admitted that he did it and stated that he Ñwent too farÒ by doing that. When
4481asked about calling B.P. ÑBig Head, Ò Respondent told Ms. Hutchins Ñhe had
4494forgotten the boyÔs name so he just said ÑHey, 'Big Head . ÔÒ
450745 . On November 7, 2018, Cathe rine Hutchins issued Respondent a letter
4520of reprimand. The letter of reprimand reminded Respondent of the incidents
4531of March 2, 2018 (putting his hands around a studentÔs neck), March 9, 2018
4545(doin g a Ñtake downÒ move on an eigh t - year - old student), October 31, 2018
4563(turning student upside down), and reports of calling a student ÑBig HeadÒ
4575and pulling students' hair. The letter of reprimand informed Respondent that
4586he was suspended without pay for two days, among other things, and directed
4599Ñyou will not put your hands on students during any P.E. class or when
4613coaching students for any reason.Ò
461846 . On December 14, 2018, Dr. Goricki issued Respondent a letter of
4631reprimand for tickling a student Ñreally hardÒ on his neck. This incident
4643occurred at or around the same time Respondent received the November 7,
46552018, letter of reprimand.
465947 . On January 15, 2019, Dr. Goricki issued Respondent a Final Letter of
4673Reprimand. The letter of reprimand alleges that on January 9, 2019,
4684Respondent forcefully pushed a student dur ing a physical education class.
4695When presented the letter and requested to acknowledge receipt in writing,
4706Respondent wrote at the bottom of the letter , ÑI do not agree with many parts
4721o f the content of this letter . Ò The Administrative Complaint reflects t hat
4736Respondent successfully grieved the Final Letter of Reprimand and the letter
4747was rescinded. The evidence of record does not support a finding that
4759Respondent inappropriately pushed a student during a P.E. class.
476848 . In March 2019, Dr. Goricki informed Respondent that he would not be
4782rene wed for employment for the 2019 - 2020 school year. Respondent left that
4796meeting angry, and then began to contact parents and tell elementary school
4808students that Dr. Goricki Ñfired himÒ and petitioned for their support.
4819B ecause Respondent ' s communications were disruptive to the school
4830environment, he was removed from campus before the end of the school year.
484349 . Despite being non - reappointed, and being removed from campus prior
4856to the end of the school year, Principal Gori ckiÔs performance evaluation of
4869Respondent, dated April 9, 2019, rated Respondent in the high range of
4881Ñeffective . Ò
4884The Child Witnesses
488750 . Among the students who testified at the hearing wer e B.P. and T.R.
4902During the 2018 - 2019 school year, these students were in kindergarten. It
4915was obvious that these young children were shy and nervous about
4926participating in this process. Some of the students became emotional during
4937questioning, but the undersigned concludes that this was the result of being
4949Ñplaced in t he spotlightÒ in a room full of serious - looking adults, as opposed to
4966their feelings toward Respondent , who was also in the room.
497651 . When asked by his mother whether Respondent ever calls him by his
4990name, B . P . said, ÑNo, he only calls me ÓBig Head.ÔÒ Ms. Sikes was a witness to
5009at least one such incident. B.P. also told his parents tha t Respondent pulled
5023his hair. B.P. credibly testified Respondent called him ÑBig Head . Ò
503552 . Petitioner has established by clear and convincing evidence that
5046Respondent called B.P. ÑBig Head , Ò instead of his given name.
505753 . T.R. told her parents that Respondent tickled her and turned her
5070upside down. She also told them that it scared her. It is undisputed that
5084Respondent picked T.R. up by her waist and turned her upside down.
5096Ms . Baker witnessed i t and Respondent admitted it. T.R. testified that
5109picking her up and turning her upside down made her a little scared. While
5123the possibility exists that Respondent could have dropped T.R. when
5133inverting her, he did not, and she was not h armed. Rather, she was startled,
5148and stopped crying.
515154 . Petitioner has established by clear and convincing evidence that
5162Respondent picked T.R. up by her waist and turned her upside down.
5174Corrective Measures
517655 . In the 2017 - 2018 school year, Principal Sc ott recommended that
5190Respondent enroll in a crisis interve ntion prevention (CPI) course. However,
5201when Respondent tried to enroll during the 2017 - 2018 school year, he was
5215told that he could not enroll because Ñhe was not on the team . Ò The school
5232administra tion decided who was on th e behavior management team.
5243Mr. Scott did not know that he needed to facilitate Respondent Ô enrollment in
5257the CPI course.
526056 . In the 2018 - 2019 school year, Respondent was permitted to take the
5275CPI course. In the course, Respondent was taught appropriate techniques to
5286use on students when they were out of control. Those techniques included
5298physical touch under certain circumstances. Ms. Hutchins agreed that there
5308were circumstances when it was appropriate to touch students to keep t hem
5321from harming themselves or other students. Ms. Sikes also testified that
5332there were circumstances when touching students was appropriate.
534057 . Following his receipt of the November 7, 2018 , reprimand, Respondent
5352had a conversation with all of his Second to Fifth grade classes about the
5366student/teacher relationship, boundaries , and appropriate touch.
537258 . Respondent attended six mandatory counseling sessions through th e
5383Employee Assistance Program. The purpose of the sessions was to assist
5394Respondent with understanding the proper boundaries between student and
5403teacher.
5404The Allegations in the Administrative Complaint
541059 . The Administrative Complaint alleges the following:
5418Just prior to and during the 2018/2019 school year,
5427Respondent was put on notice not t o touch students
5437inappropriately multiple times when he received
5443the following warnings and/or discipline:
5448a) On or about March 9, 2018, Respondent received
5457a Letter of Improvement for putting hands on
5465students.
5466b) On or about November 11, 2018, Responde nt
5475received a Letter of Reprimand for inappropriate
5482hands on students.
5485c) On or about December 14, 2018, Respondent
5493received a Letter of Reprimand for inappropriately
5500touching a kindergarten student.
5504d) On or about January 15, 2019, Respondent
5512received a Final Letter of Reprimand for pushing a
5521second grade student. Respondent successfully
5526grieved this discipline and the letter was rescinded.
5534During the 2018/2019 school year, Respondent
5540ignored all warnings and inappropriately put his
5547hands on students. R espondent's conduct included
5554but may not have been limited to:
5561a) Respondent aggressively tickled students.
5566b) Respondent pulled students Ô hair in efforts to
5575direct the students.
5578c) Respondent grabbed students by their shirts and
5586pushed them against a w all.
5592d) Respondent lifted a female student off the
5600ground and turned her upside down in an attempt
5609to get her to stop crying.
5615During the 2018/2019 school year, Respondent
5621repeatedly embarrassed B.P., a six - year - old, male
5631student, by referring to B.P. as "Big Head."
563960 . It is found that Petitioner proved by clear and convincing evidence
5652that Respondent inappropriately lifted a female student off the ground and
5663turned her upside down in an attempt to get her to stop crying. Petitioner
5677also proved by clear and convincing evidenc e that during the 2018 - 2019
5691school year, Respondent repeatedly embarrassed B.P., a six - year - old male
5704student, by ref erring to B.P. as "Big Head." None of the other allegations
5718contained in the Administrative Complaint were proven by c lear and
5729convincing evidence. 2
5732C ONCLUSIONS OF L AW
573761 . The Division of Administrative Hearings has jurisdiction over the
5748parties and the subject matter of this case pursuant to sections 120.569 and
5761120.57(1), Florida Statutes (2019).
57652 Respondent defended his actions by arguing that there was a double standard for male
5780teachers. This was implicitly acknowledged by Ms. Poticny, who testified ÑHeÔs a male
5793teacher interacting with other students.Ò And Respondent being male was significant
5804because the re was a Ñhistory of incidences that have happened with students and [male]
5819teachers. And itÔs the caution that we take, and itÔs spoken about amongst parents, amongst
5834teachers, that you just never know. And so when I first went to Tom, I was kind of like
5853looking out for him, donÔt do it, somebody could be watching, you just never know, just donÔt
5870do it È.Ò Even if Respondent is correct that a double - standard exists based on gender, the
5888actions proven herein would constitute violations, whether committed by a male or female
5901teacher.
590262 . Respondent is subs tantially affected by PetitionerÔs intended decision
5913to discipline his Florida educatorÔs certificate and has standing to maintain
5924this proceeding.
592663 . The Florida Education Practices Commission is the state agency
5937charged with the certification and regula tion of Florida educators pursuant to
5949chapter 1012.
595164 . This is a proceeding in which Petitioner seeks to impose discipline
5964against Respon dentÔs educator certification. Because disciplinary proceedings
5972are considered to be penal in nature, Petitioner is re quired to prove the
5986allegations in the Administrative Complaint by clear and convincing
5995evidence. DepÔt of Banking & Fin. v. Osborne Stern & Co. , 670 So. 2d 932
6010(Fla. 1996); Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987).
602165 . Clear and convincing evidenc e Ñrequires more proof than a
6033Ópreponderance of the evidenceÔ but less than Óbeyond and to the exclusion of a
6047reasonable doubt.ÔÒ In re Graziano , 69 6 So. 2d 744, 753 (Fla. 1997). As stated
6062by the Florida Supreme Court:
6067Clear and convincing evidence require s that the
6075evidence must be found to be credible; the facts to
6085which the witnesses testify must be distinctly
6092remembered; the testimony must be precise and
6099lacking in confu sion as to the facts in issue. The
6110evidence must be of such a weight that it produce s
6121in the mind of the trier of fact a firm belief or
6133conviction, without hesitancy, as to the truth of the
6142allegations sought to be established.
6147In re Davey , 645 So. 2d 398, 404 (Fla. 1994) (quoting, with approval,
6160Slomowitz v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983)); see also In re
6176Henson , 91 3 So. 2d 579, 590 (Fla. 2005). ÑAlthough this standard of proof may
6191be met where the evidence is in conflict, it seems to preclude evidence that is
6206ambiguous.Ò Westinghouse Elec. Corp. v. Shuler Bros. , 590 So. 2d 986, 989
6218(Fla. 1991).
622066 . Section 1012.796 describes the disciplinary process for educators, and
6231provides in pertinent part:
6235(6) Upon the finding of probable cause, the
6243commissioner shall file a formal complaint and
6250prosecute the complaint pursuant t o the provisions
6258of chapter 120. An administrative law judge shall
6266be assigned by the Division of Administrative
6273Hearings of the Department of Management
6279Services to hear the complaint if there are dispu ted
6289issues of material fact. The administrative law
6296j udge shall make recommendations in accordance
6303with the provisions of subsection (7) to the
6311appropriate Education Practices Commission panel
6316which shall conduct a formal review of such
6324recommendations and other pertinent information
6329and issue a final order. The commission shall
6337consult with its legal counsel prior to issuance of a
6347final order.
6349(7) A panel of the commission shall enter a final
6359order either dismissing the complaint or imposing
6366one or more of the following penalties:
6373(a) Denial of an applica tion for a teaching
6382certificate or for an administrative or supervisory
6389endorsem ent on a teaching certificate. The denial
6397may provide that the applicant may not reapply for
6406certification, and that the department may refuse
6413to consider that applicantÔs appl ication, for a
6421specified period of time or permanently.
6427(b) Revocation or suspension of a certificate.
6434(c) Imposition of an administrative fine not to
6442exceed $2,000 for each count or separate offense.
6451(d) Placement of the teacher, administrator, or
6458supe rvisor on probation for a period of time and
6468subject to such conditions as the commission may
6476specify, including requiring the certified teacher,
6482administrator, or supervisor to complete additional
6488appropriate college courses or work with another
6495certified educator, with the administrative costs of
6502monitoring the probation assessed to the educator
6509placed on probation.
6512* * *
6515(e) Restriction of the authorized scope of practice
6523of the teacher, administrator, or supervisor.
6529(f) Reprimand of the teacher, administrator, or
6536supervisor in writing, with a copy to be placed in
6546the certification file of such person.
6552(g) Imposition of an administrative sanction, upon a
6560person whose teaching certificate has expired, for
6567an act or acts committed while that person
6575possessed a teaching certificate or an expired
6582certificate subject to late renewal, which sanction
6589bars that person from applying for a new certificate
6598for a period of 10 years or less, or permanently.
6608(h) Refer the teacher, administrator, or supervisor
6615to the recovery network program provided in
6622s. 1012.798 under such terms and conditions as the
6631commission may specify.
663467 . Charges in a disciplinary proceeding must be strictly construed, with
6646any ambiguity construed in favor of the licensee. Elmariah v. DepÔt of ProfÔl
6659Reg. , 574 So. 2d 164, 165 (Fla. 1st DCA 1990); Taylor v. DepÔt of ProfÔl Reg. ,
6675534 So. 2d 782, 784 (Fla. 1st DCA 1988). Disciplinary statutes and rules must
6689be construed in terms of their literal meaning, and words used by the
6702Legislature may not be expanded to broaden their application. Beckett v. DepÔt
6714of Fin. Servs. , 982 So. 2d 94, 99 - 100 (Fla. 1st DCA 2008); Dyer v. DepÔt of Ins.
6733& Treas. , 585 So. 2d 1009, 1013 (Fla. 1st DCA 1991).
674468 . The allegations set forth in the Admini strative Complaint are those
6757upon which this proceeding is predicated. Trevisani v. DepÔt of Health , 908 So.
67702d 1108, 1109 (Fla. 1 st DCA 2005); Cottrill v. DepÔt of Ins. , 685 So. 2d 1371,
67871372 (Fla. 1st DCA 1996). Due process prohibits Petitioner from taki ng
6799disciplinary action against a licensee based on matters not specifically alleged
6810in the charging instruments, unless those matters have been tried by consent.
6822See Shore Vill. Prop. OwnerÔs AssÔn v. DepÔt of Envtl. Prot. , 824 So. 2d 208, 210
6838(Fla. 4th DC A 2002); Delk v. DepÔt of ProfÔl Reg. , 595 So. 2d 966, 967 (Fla. 5th
6856DCA 1992).
685869 . Count 1 of the Administrative Complaint seeks to discipline
6869Respondent on charges that he violated section 1012.795(1)(j), which states:
6879(1) The Education Practices Commiss ion may
6886suspend the educator certificate of any person as
6894defined in s. 1012.01(2) or (3) for up to 5 years,
6905thereby denying that person the right to teach or
6914otherwise be employed by a district school board or
6923public school in any capacity requiring direc t
6931contact with students for that period of time, after
6940which the holder may return to teaching as
6948provided in subsection (4); may revoke the educator
6956certificate of any person, thereby denying that
6963person the right to teach or otherwise be employed
6972by a di strict school board or public school in any
6983capacity requiring direct contact with students for
6990up to 10 years, with reinstatement subject to the
6999provisions of subsection (4); may revoke
7005permanently the educator certificate of any person
7012thereby denying th at person the right to teach or
7022otherwise be employed by a district school board or
7031public school in any capacity requiring direct
7038contact with students; may suspend the educator
7045certificate, upon an order of the court or notice by
7055the Department of Revenu e relating to the
7063payment of child support; or may impose any other
7072penalty provided by law, if the person:
7079* * *
7082(j) Has violated the Principles of Professional
7089Conduct for the Education Profession prescribed by
7096State Board of Education rules.
7101Count 1 cannot constitute an independent violation, but rather is dependent
7112upon a corresponding violation of the rules constituting the Principles of
7123Professional Conduct.
712570 . Counts 2 and 3 of the Administrative Complaint seeks to discipline
7138Respondent on charge s that he violated rule 6A - 10.081(2)(a)1 . and
7151rule 6A - 10.081(2)(a)5 . , which states:
7158(2) Florida educators shall comply with the
7165following disciplinary principles. Violation of any of
7172these principles shall subject the individual to
7179revocation or suspensio n of the individual
7186educatorÔs certificate, or the other penalties as
7193provided by law.
7196a) Obligation to the student requires that the
7204individual:
72051. Shall make reasonable effort to protect the
7213student from conditions harmful to learning and/or
7220to the stu dentÔs mental and/or physical health
7228and/or safety.
7230* * *
72335. Shall not intentionally expose a student to
7241unnecessary embarrassment or disparagement.
724571 . Petitioner established, by clear and convincing evidence, that
7255Respondent violated rule 6A - 10.081(2) (a)1 . , in that Respondent failed to make
7269a reasonable effort to protect the student from conditions harmful to the
7281studentÔs mental health, physical health, and safety. Turning a student
7291upside down without her permission and calling a student ÑBig HeadÒ r ather
7304than his given name violates rule 6A - 10.081(2)(a)1.
731372 . The rule that Respondent is charged with violating in Count 3 requires
7327a finding that the teacher "intentionally" exposed students to unnecessary
7337embarrassment or disparagement. There can be no violation in the absence of
7349evidence that the teacher made a conscious decision not to comply with the
7362rule. See Langston v. Jamerson , 653 So. 2d 489, 491 (Fla. 1 st DCA 1995;
7377Jenkins v. State Bd . of Educ . , 399 So. 2d 103 (Fla. 1st DCA 1981). There was
7395no evidence whatsoever in the record to support such a conclusion regarding
7407RespondentÔ s intent. While it was unprofessional to refer to a student as Ñ B ig
7423H eadÒ rather than his given name, or to physically invert a child, there is no
7439evidence to support the c onclusion that Respondent intended to embarrass or
7451dispar age the students. Accordingly, Respondent is not guilty of the rule
7463violation charged in Count 3 of the complaint.
7471Recommended Penalty
747373 . Florida Administrative Code Rule 6B - 11.007(2)(j)1. establis hes the
7485range of penalties for various violations of section 1012.795(1)(j) and
7495rule 6A - 10.081(2)(a)1., as follows:
7501(2) The following disciplinary guidelines shall apply
7508to violations of the below listed statutory and rule
7517violations and to the described actions which may
7525be basis for determining violations of particular
7532statutory or rule provisions. Each of the following
7540disciplinary guidelines shall be interpreted to
7546include Ñprobation,Ò ÑRecovery Network Program,Ò
7553Ñrestrict scope of practice,Ò Ñfine,Ò a nd
7562Ñadministrative fees and/or costsÒ with applicable
7568terms thereof as additional penalty provisions in
7575each case in which neither a suspension or
7583revocation is imposed, the penalty shall include a
7591letter of reprimand. The terms ÑsuspensionÒ and
7598Ñrevocatio nÒ shall mean any length of suspension or
7607revocation, including permanent revocation,
7611permitted by statute, and shall include comparable
7618denial of an application for an educatorÔs
7625certificate.
7626* * *
7629(j) Violating the Principles of Professional Conduct
7636in violation of Section 1012.795(1)(j), F.S., by:
76431. Failing to make reasonable effort to protect the
7652student from conditions harmful to learning and/or
7659to the studentÔs mental and/or physical health
7666and/or safety [subparagraph 6A10.081(2)(a)1.,
7670F.A.C.] Rep rimand Ï Revocation.
767574 . In its Proposed Recommended Order, Petitioner urges the undersigned
7686to recommend a penalty of suspension of RespondentÔs educatorÔs certificate
7696for a period of 12 months from the date of the final order, and that
7711Respondent be plac ed on probation for a period of 12 months after his
7725suspension, with conditions to be determined by the E PC. PetitionerÔs
7736proposed penalty assumes that all three counts of the Administrative
7746Complaint have been proven, which they have not. Petitioner did n ot prove
7759Count 3, the count that requires the violator to have intentionally exposed a
7772student to unnecessary embarrassment or disparagement. PetitionerÔs
7779proposed penalty is too severe, given the facts found herein.
77897 5 . In addition, rule 6B - 11.007(3) esta blishes aggravating and mitigating
7803factors to be applied to penalties ca lculated under the guidelines. Under the
7816facts found herein, the penalty to be imposed on Respondent is mitigated by
7829three factors set forth in rule 6B - 11.007(3):
7838(e) The number of tim es the educator has been
7848previously disciplined by the Commission;
7853(f) The length of time the educator has practiced
7862and the contribution as an educator;
7868(j) Any effort of rehabilitation by the educator.
787676 . The unrebutted evidence established that R espondent has not
7887previously been disciplined by the E PC. In addition, the evidence established
7899that during his 20 years teaching under the Archdiocese of Miami ,
7910Respondent was never the subject of discipline for actions similar to those at
7923issue herein.
79257 7 . Including his three years teaching for the SJCSD, Respondent ha s
7939been a teacher for 23 years. The evidence established that throughout his
7951teaching career , Respondent has been a caring and dedicated educator, and
7962has richly contributed to the lives of h is students.
797278 . Respondent made efforts at rehabilitation, including attending a crisis
7983intervention program, counseling through the Employee Assistance Program,
7991and discussing the student/teacher relationship, boundaries, and appropriate
7999touch with his s tudents .
8005R ECOMMENDATION
8007Based upon the foregoing Findings of Fact and Conclusions of Law, the
8019undersigned hereby R ECOMMENDS that the Education Practices Commission
8028enter a final order finding that Respondent violated section 1012.795(1)(j),
8038and rule 6A - 1 0.081(2)(a)1 . , that Respondent receive a Reprimand, and that
8052he be placed on probation for a period of 12 months from the date of the final
8069order, with conditions of probation to be determined by the Education
8080Practices Commission.
8082D ONE A ND E NTERED this 2 8 th day of April , 2020 , in Tallahassee, Leon
8099County, Florida.
8101S
8102W. D AVID W ATKINS
8107Administrative Law Judge
8110Division of Administrative Hearings
8114The DeSoto Building
81171230 Apalachee Parkway
8120Tallahassee, Florida 32399 - 3060
8125(850) 488 - 9675
8129Fax Filing (850) 921 - 6847
8135www.doah.state.fl.us
8136Filed with the Clerk of the
8142Division of Administrative Hearings
8146this 2 8 th day of April , 2020 .
8155C OPIES F URNISHED :
8160Eric J. Lindstrom, Esquire
8164E gan , L ev , L indstrom & S iwica , P.A.
8174Post Office Box 2231
8178Orlando, Florida 32802
8181(eS erved)
8183Ron Weaver, Esquire
8186Post Office Box 770088
8190Ocala, Florida 34477 - 0088
8195(eServed)
8196Lisa M. Forbess, Interim Executive Director
8202Education Practices Commission
8205Department of Education
8208Turlington Building, Suite 316
8212325 West Gaines Street
8216Tallahassee, F lorida 32399 - 0400
8222(eServed)
8223Heidi B . Parker, Esquire
8228Egan , L ev, Lindstrom & S iwica , P.A.
8236Post Office Box 2231
8240Orlando, Florida 3280 2
8244(eServed)
8245Matthew Mears, General Counsel
8249Department of Education
8252Turlington Building, Suite 1244
8256325 West Gaines Street
8260Tallahassee, Florida 32399 - 0400
8265(eServed)
8266Randy Kosec, Jr., Chief
8270Office of Professional Practices Services
8275Department of Education
8278Turlington Building, Suite 224 - E
8284325 West Gaines Street
8288Tallahassee, Florida 32399 - 0400
8293(eServed)
8294N OTICE OF R IGHT T O S UBMIT E XCEPTIONS
8305All parties have the right to submit written exceptions within 15 days from
8318the date of this Recommended Order. Any exceptions to this Recommended
8329Order should be filed with the agency that will issue the Final Order in this
8344case.
- Date
- Proceedings
- PDF:
- Date: 10/07/2020
- Proceedings: Petitioner's Response to Respondent's Exceptions to Recommended Order filed.
- PDF:
- Date: 04/28/2020
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- PDF:
- Date: 04/28/2020
- Proceedings: Recommended Order (hearing held February 11 and 12, 2020). CASE CLOSED.
- Date: 03/09/2020
- Proceedings: Transcript of Proceedings (not available for viewing) filed.
- Date: 02/11/2020
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 02/10/2020
- Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Amend Administrative Complaint filed.
- PDF:
- Date: 02/10/2020
- Proceedings: Petitioner's Motion to Amend Administrative Complaint Based on Newly Discovered Evidence filed.
- PDF:
- Date: 02/05/2020
- Proceedings: Amended Notice of Hearing (hearing set for February 11 and 12, 2020; 9:00 a.m.; St. Augustine; amended as to Venue).
- PDF:
- Date: 02/05/2020
- Proceedings: Order Granting Motion to Strike Testimony of Respondent's Expert Witness.
- PDF:
- Date: 02/05/2020
- Proceedings: Order Granting Petitioner's Motion for Change of Hearing Location.
- PDF:
- Date: 02/05/2020
- Proceedings: Order Denying Petitioner's Amended Motion to Continue Final Hearing.
- PDF:
- Date: 02/04/2020
- Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for February 4, 2020; 1:00 p.m.).
- Date: 02/04/2020
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 02/04/2020
- Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Continue Final Hearing and Motion to Strike Expert Witness Testimony filed.
- PDF:
- Date: 02/03/2020
- Proceedings: Petitioner's Motion to Strike Testimony of Respondent's Expert Witness filed.
- PDF:
- Date: 02/03/2020
- Proceedings: Petitioner's Amended Opposed Motion to Continue Final Hearing filed.
Case Information
- Judge:
- W. DAVID WATKINS
- Date Filed:
- 11/14/2019
- Date Assignment:
- 11/25/2019
- Last Docket Entry:
- 10/07/2020
- Location:
- St. Augustine, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
- Suffix:
- PL
Counsels
-
Lisa M Forbess, Program Specialist IV
Address of Record -
Eric J. Lindstrom, Esquire
Address of Record -
Heidi B Parker, Esquire
Address of Record -
Ron Weaver, Esquire
Address of Record -
Heidi B. Parker, Esquire
Address of Record -
Lisa M Forbess, Executive Director
Address of Record