Before the Education Practices Commission of the State of Florida
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Before the Education Practices Commission of the State of Florida RICHARD CORCORAN, Commissioner of Education, Petitioner, vs. EPC CASE No. 20-0130-RT Index No. 21-094-FOF DOAH CASE No. 20-2075PL TYRHON RENARD CRAWFORD, PPS No. 178-2613 CERTIFICATE No. 878903 Respondent. / Final Order This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on April 9, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case ELIZABETH W. MCARTHUR, Administrative Law Judge. Respondent was not present and was represented by Carol Buxton, Esquire. Petitioner was represented by Robert Ehrhardt, Esquire and Ron Weaver, Esquire. Findings of Fact 1 1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference. 2. There is competent substantial evidence to support the findings of fact. Conclusions of Law 3. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes. 4. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference. Penalty Upon a complete review of the record in this case, the Commission determines that the Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that: 5. Respondent’s certificate is hereby SUSPENDED for three (3) years from the date of this Final Order. 6. Upon employment in any public or private position requiring a Florida educator’s certificate, Respondent shall be placed on three (3) employment years of probation with the conditions that during that period, the Respondent shall: a. Immediately notify the investigative office in the Department of Education upon employment or termination of employment in the state in any public or private position requiring a Florida educator’s certificate. b. Have Respondent’s immediate supervisor submit annual performance reports to the investigative office in the Department of Education. 2 c. Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator. d. Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules. e. Satisfactorily perform all assigned duties in a competent, professional manner. f. Bear all costs of complying with the terms of a final order entered by the Commission. g. Provide certified college transcripts to verify successful (a grade of “pass” or a letter grade no lower than a “B”) completion of 3 hours of college level course-work in the areas of Educational Ethics and Women’s Rights in the Workplace, which may be taken online, during probation. 7. Respondent is assessed an administrative fine of $750.00 to be paid during the probation period. This Final Order takes effect upon filing with the Clerk of the Education Practices Commission. DONE AND ORDERED, this 12th day of April, 2021. 3 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Tyrhon Renard Crawford, , Winter Haven, Florida 33881 and Carol R. Buxton, Esquire, Florida Education Association, 1516 East Hillcrest Street, Suite 109, Orlando, FL 32803 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, P.O. Box 770088, Ocala, FL 34477 this 12th day of April, 2021. COPIES FURNISHED TO: Office of Professional Practices Services Bureau of Educator Certification 4 Superintendent Orange County Schools P.O. Box 271 Orlando, FL 32802-0271 Director of Personnel Orange County Schools P.O. Box 271 Orlando, FL 32802-0271 Timothy Frizzell Assistant Attorney General Elizabeth W. McArthur Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Loretta Sloan, Clerk Division of Administrative Hearings 5 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION, Petitioner, Case No. 20-2075PL vs. TYRHON RENARD CRAWFORD, Respondent. / RECOMMENDED ORDER Administrative Law Judge Elizabeth W. McArthur of the Division of Administrative Hearings (DOAH) conducted a disputed-fact evidentiary hearing by Zoom conference on October 1, 2020. APPEARANCES For Petitioner: Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 For Respondent: Carol R. Buxton, Esquire Florida Education Association 1516 East Hillcrest Street, Suite 109 Orlando, Florida 32803 STATEMENT OF THE ISSUES The issues in this case are whether Respondent violated section 1012.795(1)(g) and (1)(j), Florida Statutes (2017), and Florida Administrative Code Rule 6A-10.081(2)(c)4.; and, if so, what discipline should be imposed. PRELIMINARY STATEMENT On November 5, 2019, Richard Corcoran, as Commissioner of Education (Petitioner), issued an Administrative Complaint against Tyhron R. Crawford (Respondent). The Administrative Complaint alleged facts from the 2017- 2018 school year, which served as the predicate for violations charged under section 1012.795(1)(g) and (1)(j), and rule 6A-10.081(2)(c)4. Respondent timely filed an Election of Rights by which he requested a disputed-fact administrative hearing. The case was referred to DOAH on April 30, 2020, for the assignment of an administrative law judge to conduct the requested hearing. After scheduling input from the parties, a case management conference was held to address concerns of both parties regarding the impact of the COVID-19 pandemic on hearing preparation. The parties requested and were given extra time for hearing preparation and the hearing was initially set for September 4, 2020, by video teleconference with sites in Tallahassee and Altamonte Springs, Florida. Petitioner filed an unopposed motion to convert the hearing mode to Zoom conference, which was granted. Respondent later filed an unopposed motion to continue the hearing because of a conflict with a recently scheduled hearing before the Education Practices Commission, which was also granted. The hearing was rescheduled for October 1, 2020, by Zoom conference and it went forward as rescheduled. Prior to the hearing, the parties filed a Joint Pre-hearing Stipulation in which they stipulated to several facts. The stipulated facts are incorporated in the Findings of Fact below, to the extent relevant. At the hearing, Petitioner presented the testimony of Michael Ganio, Sheree Carter, Jamila Mitchell, Jessica Kendrick, Gregory Thompson, and 2 Benjamin Rivers. Petitioner's Exhibits 1 through 14 and 17 were admitted in evidence and official recognition was taken of Petitioner's Exhibit 18. Respondent's objections to the hearsay nature of Petitioner's Exhibits 6 and 12 through 14 were noted, but the objections were overruled. The parties were reminded that use of hearsay evidence in this proceeding is limited to supplementing or explaining competent evidence; hearsay cannot be the sole basis for a finding of fact unless it would be admissible over objection in a civil action in Florida. See § 120.57(1)(c), Fla. Stat.; Fla. Admin. Code R. 28-106.213(3). Respondent testified on his own behalf and presented the testimony of Rolando Bailey, Dale Valente, Iris Woodard, Renee Bellamy, and Whitney Poole. Respondent did not offer any documentary evidence. After the hearing, the parties were informed of the ten-day timeframe provided by rule for filing proposed recommended orders (PROs), running from the date of filing of the hearing transcript at DOAH. The two-volume Transcript was filed on November 23, 2020. The parties filed a joint motion to extend the PRO deadline, which was granted for good cause shown.1 Both parties subsequently filed their PROs, which have been carefully considered in the preparation of this Recommended Order. Unless otherwise noted, citations to Florida Statutes and rules are to the 2017 codifications in effect at the time of the conduct alleged to warrant discipline. See McCloskey v. Dep't of Fin. Servs., 115 So. 3d 441 (Fla. 5th DCA 2013). Transcript references are designated as "Tr. ____." 1 By agreeing to an extended deadline for post-hearing submissions beyond ten days after the filing of the transcript, the parties waived the 30-day timeframe for issuance of the Recommended Order. See Fla. Admin. Code R. 28-106.216. 3 FINDINGS OF FACT Based upon the demeanor and credibility of the witnesses who testified, the evidence admitted in the record at the final hearing, and the documents officially recognized, the following Findings of Fact are made: 1. Petitioner is the agency head of the Florida Department of Education. Petitioner is responsible for investigating allegations of misconduct against individuals holding Florida educator certificates. Upon a finding of probable cause, Petitioner is responsible for filing an administrative complaint, and prosecuting the case in an administrative hearing pursuant to chapter 120, Florida Statutes, if the educator disputes the allegations. 2. Respondent holds Florida Educator's Certificate 878903, covering the areas of Athletic Coaching and Physical Education, which is valid through June 30, 2025. 3. At the time of the allegations in the Administrative Complaint, Respondent was employed as the athletic director at Evans High School (Evans) in the Orange County School District (District).