19-006071PL Richard Corcoran, As Commissioner Of Education vs. Thomas Masters
 Status: Closed
Recommended Order on Tuesday, April 28, 2020.


View Dockets  
Summary: Petitioner proved some, but not all, of the violations charged in the Administrative Complaint. Respondent should receive a reprimand and be placed on probation.

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.

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Date
Proceedings
PDF:
Date: 10/07/2020
Proceedings: Petitioner's Response to Respondent's Exceptions to Recommended Order filed.
PDF:
Date: 10/07/2020
Proceedings: Respondent's Exceptions to the ALJ's Recommended Order filed.
PDF:
Date: 10/07/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 09/16/2020
Proceedings: Agency Final Order
PDF:
Date: 05/12/2020
Proceedings: Respondent's Exceptions to the ALJ's Recommended Order filed.
PDF:
Date: 04/28/2020
Proceedings: Recommended Order
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.
PDF:
Date: 03/30/2020
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 03/30/2020
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 03/18/2020
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/17/2020
Proceedings: Unopposed Motion for Enlargement of Time filed.
PDF:
Date: 03/09/2020
Proceedings: Notice of Filing Transcript.
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: Notice of Scheduling Court Reporter filed.
PDF:
Date: 02/10/2020
Proceedings: Petitioner's Motion to Amend Administrative Complaint Based on Newly Discovered Evidence filed.
PDF:
Date: 02/07/2020
Proceedings: Respondent's Second Amended Witness and Exhibit List 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: Petitioner's Supplement to Petitioner's Exhibit List filed.
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: Respondent's Amended Witness and Exhibit List filed.
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: 02/04/2020
Proceedings: Petitioner's Motion for Change of Hearing Location filed.
PDF:
Date: 02/04/2020
Proceedings: Petitioner's Motion for Telephonic Motion Conference filed.
PDF:
Date: 02/04/2020
Proceedings: Notice of Scheduling Court Reporter 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.
PDF:
Date: 02/03/2020
Proceedings: Joint Pre-Hearing Statement filed.
PDF:
Date: 02/03/2020
Proceedings: Petitioner's Opposed Motion to Continue Final Hearing filed.
PDF:
Date: 02/03/2020
Proceedings: Respondent's Witness and Exhibit List filed.
PDF:
Date: 02/03/2020
Proceedings: Petitioner's Second Amended Witness List filed.
PDF:
Date: 02/03/2020
Proceedings: Petitioner's Amended Witness List filed.
PDF:
Date: 01/28/2020
Proceedings: Petitioner's Exhibit List filed.
PDF:
Date: 01/28/2020
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 01/27/2020
Proceedings: Petitioner's Notice of Taking Deposition (Masters) filed.
PDF:
Date: 01/23/2020
Proceedings: Respondent's Notice of Taking Depositions filed.
PDF:
Date: 01/10/2020
Proceedings: Certificate of Service of Discovery filed.
PDF:
Date: 12/06/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 12/06/2019
Proceedings: Notice of Hearing (hearing set for February 11 and 12, 2020; 9:00 a.m.; St. Augustine).
PDF:
Date: 11/25/2019
Proceedings: Notice of Transfer.
PDF:
Date: 11/21/2019
Proceedings: Notice of Appearance (Heidi Parker) filed.
PDF:
Date: 11/21/2019
Proceedings: Amended Response to Initial Order filed.
PDF:
Date: 11/21/2019
Proceedings: Agreed Upon Response to Initial Order filed.
PDF:
Date: 11/14/2019
Proceedings: Initial Order.
PDF:
Date: 11/14/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 11/14/2019
Proceedings: Amended Election of Rights filed.
PDF:
Date: 11/14/2019
Proceedings: Agency referral 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

Related Florida Statute(s) (7):