Before the Education Practices Commission of the State of Florida - :15 We." . JIM HORNE as the OCT 31 2003 Commissioner of Education, EDUCATION PRACTICES COMMISSION Petitioner, STATE OF FLORIDA vs. CASE N9: 03-0111-RT EPC Index N9- 03?m?lb MICHAEL CURRENCE. Respondent. Final Order Respondent, Michael Currence, holds Florida educator?s certi?cate no. 839295. Petitioner has ?led an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certi?cate. Petitioner and Respondent have entered into a Settlement Agreement for resolution of this cause. The Settlement Agreement and the Administrative Complaint are attached to and made a part of this Final Order. A Teacher Panel of the Education Practices Commission met on October 24. 2003, in Orlando, Florida. The Commission accepts the Settlement Agreement as the appropriate resolution of this cause. It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions. Final Order Michael Currence Page 2 This Order becomes effective upon ?ling. DONE AND ORDERED, this /2 day of 2003. COPIES FURNISHED TO: Bureau of Educator Standards Bureau of Teacher Certi?cation Florida Administrative Law Reports Superintendent, Pinellas County Schools 301 4th St. SW. Largo, FL 33770-3536 Administrator, Of?ce of Professional Standards Pinellas County Schools 301 4th St. SW. Largo, FL 33770-3536 Recovery Network Program for Educators 325 W. Gaines Street, Suite 224-D Tallahassee, FL 32399 850/922-9733 Ronald G. Stowers, Attorney at Law Probation Officer, 850/488-0548 GRACE WILLIAMS, Presiding Of?cer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINALORDERISENTITLEDTOJUDICIAL 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. Final Order Michael Currence Page 3 ERVICE I HEREBY CERTIFY that a copy of the fore oin Order in the matter of Home v. Currence was furnished to Michael Currence,?Monacaler Torino. Italy 10024 by us. Mail this :2 I day of (Odom/t. 2003. KATHLEEN RICHARDS Executive Director RECEIVED STATE OF FLORIDAEBUCATION PRACTICES EDUCATION PRACTICES 3 0 JIM HORNE, as Commissioner 2003 JUL 31 Pm 12 23 of Education, Petitioner, vs. CASE NO. MICHAEL T. CURRENCE, Respondent. SETTLEMENT AGREEMENT COME NOW the Petitioner and the Respondent, who hereby stipulate and agree as follows: 1. Certi?cation. Respondent holds Florida Educator's Certi?cate 839295 issued by the Department of Education covering the area of Mathematics which is valid through June 30, 2005. 2. Emplovment. At all times pertinent hereto, the Respondent was employed as 3 Mathematics Teacher at Dixie Hollins High School in the Pinellas County School District. 3. Allegations. The Respondent neither admits nor denies, but elects not to contest the allegations set forth in the Petitioner's Administrative Complaint, which are incorporated herein by reference. 4. Reprimand. The Respondent agrees to accept a letter of reprimand, a copy of which shall be placed in his certification ?le with the Department of Education and a copy of which shall be placed in his personnel ?le with the employing school district. 5. Recoverv Network Program. a) Evaluation. Respondent agrees to: 1) submit to an evaluation relating to the issues cited in the Administrative Complaint as determined by the Recovery Network Program and conducted by a Florida licensed or mental health counselor approved by the 903 MICHAEL T. CURRENCE Settlement Agreement Page 2 of 5 2) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s) of successful completion of the evaluation within 60 days of the initial date of employment in a position requiring a Florida Educator's Certi?cate; 3) undergo any counseling or treatment as may be prescribed by said professional; 4) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s) of completion of all recommended treatments within 60 days of completion. b) Written Veri?cation. Respondent agrees to: 1) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s), to the degree that the treatment provider(s) may ethically predict, that Respondent poses no risk of threat or harm to the safety or well-being of students within 60 days of the initial date of employment in a position requiring a Florida Educator's Certi?cate; and 2) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s) that Respondent is capable of performing his responsibilities as an educator within 60 days of the initial date of employment in a position requiring a Florida Educator's Certi?cate. c) Prior Evaluation. If Respondent has undergone evaluation(s) and treatment and/or counseling after the incident(s) alleged in the Administrative Complaint, the evaluation(s) and treatment and/or counseling may be used in lieu of the evaluation(s) and treatment and/or counseling agreed to herein, if acceptable to the RNP. d) Emplovment. If Respondent'is not employed in a position requiring a Florida Educator?s Certi?cate on the date, or within one year of the date, the initial RNP evaluation(s) required herein are performed, the Respondent agrees to submit to follow-up evaluation(s) as determined by the RNP within 60 days of being employed in such a position. e) Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. 6. Probatibn. Respondent agrees that he shall be placed on probation for a period of two (2) employment years. If the Respondent is currently employed in a position requiring a Florida educator?s certi?cate, probation shall begin upon the issuance of the Final Order by the Education Practices Commission (EPC) provided the EPC has accepted this Settlement MICHAEL T. CURRENCE Settlement Agreement Page 3 of 5 Agreement. If Respondent is not currently employed in a position requiring a Florida educator?s certi?cate, probation shall begin upon his re-employment in such a position. In the event Respondent?s employment as an educator is interrupted for any reason prior to the expiration of probation, the probation shall be tolled until Respondent resumes employment in a position requiring a Florida educator?s certi?cate. As conditions of probation, Respondent shall: immediately contact the Bureau of Educator Standards (BES) upon employment in Florida in a position requiring a Florida educator?s certi?cate or upon termination from such a position. If currently employed in such a position, Respondent shall contact the BES within 10 days of the issuance of the Final Order accepting this Settlement Agreement and Respondent shall provide the BES with the name and address of his work site, as well as the name, address, and telephone number of his immediate supervisor; make arrangements for his immediate supervisor to provide the EPC with a true and accurate copy of each written annual performance evaluation or assessment prepared by his supervisor within 10 days of its preparation; pay to the EPC $150.00 within the ?rst six months of each probation year to defray the costs of monitoring probation; violate no law and ?illy comply with all district school board regulations, school rules, and State Board of Education Rule and satisfactorily perform his assigned duties in a competent, professional manner. 7. Violation. In the event the Respondent fails to comply with each condition set forth herein, the Respondent agrees that the Petitioner shall be authorized to ?le an Administrative Complaint or an Order to Show Cause seeking sanctions against his Florida educator?s certi?cate up to and including permanent revocation of his teaching certi?cate and a permanent bar ?om re-application for a Florida educator?s certi?cate, based upon the violation of the terms of this Settlement Agreement. 8. Costs and Fees. The parties acknowledge and the Respondent agrees that any costs associated with the ful?llment of the terms of this Settlement Agreement and the terms of the Respondent's probation, including the statutory 1 5 0.00 per year probation monitoring fee, shall be the sole responsibility of the Respondent. However, the probation monitoring fee shall be held in abeyance if the Respondent is not employed as an educator pursuant to the terms of Probation above. 9. Force and Effect. This Settlement Agreement constitutes an offer of settlement in GO MICHAEL T. CURRENCE Settlement Agreement Page 4 of 5 of disputed issues of material fact until accepted and executed by all parties. The Settlement Agreement is void and has no force or effect unless executed by all parties and accepted by the EPC. If the Settlement Agreement is not accepted and executed by all parties, the terms herein shall be inadmissible in any subsequent formal or informal administrative hearing or in any other legal action between the parties. 10. Waiver of Rights. The Respondent understands the provisions of this Settlement Agreement, their legal effect, and his rights under Florida law to a formal hearing before a duly designated administrative law judge of the Division of Administrative Hearings or an informal hearing before the EPC. The ReSpondent specifically waives his right to both a formal and an informal hearing, except he may appear before the EPC in order to urge the adoption of this Settlement Agreement. The Respondent further acknowledges that he is under no duress, coercion or undue in?uence to execute this Settlement Agreement and that he has had the Opportunity to receive the advice of legal counsel prior to signing this Settlement Agreement. 11. Approval. When fully executed, this Settlement Agreement shall be submitted to the EPC with the joint request by the parties that the EPC accept and adopt the terms of this Settlement Agreement as the basis for its Final Order in this proceeding. The parties understand that the EPC has the discretion to reject this agreement and order a full evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, it deems such action to be appropriate. 12. Notice. The Respondent waives all statutory and regulatory provisions concerning notice of hearing and agrees that this Settlement Agreement may be presented to the EPC for consideration at its next available scheduled meeting, provided that the Respondent is given reasonable advanced notice of the time, place and date of said meeting. IN WITNESS WHEREOF, the parties have executed this Settlement Agreement on this dayof jet; ,2003. 0-- MICHAEL T. CURRENCE Settlement Agreement Page 5 of 5 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by MICHAEL T. CURRENCE, who is personally known or produced as identi?cation [type of identi?cation produced]. NOTARY PUBLIC My commission expires: . RONALD TO ATTORNEY FOR RESPONDENT Assistant General Counsel Suite 1244, Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Telephone (850) 245-0443 Ly Facsimile (850) 245-9425 ATTORNEY FOR PETITIONER A f: 0 [zip STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-0698-C MICHAEL T. CURRENCE, Respondent. ADMINISTRATIVE Petitioner, Jim Home, as Commissioner of Education, ?les this Administrative Complaint against MICHAEL T. CURRENCE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 634.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 1012.795(1) and Florida Statutes. The Petitioner alleges: l. The Respondent holds Florida Educator?s Certi?cate 839295, covering the area of Mathematics, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as aMathematics Teacher at Dixie Hollins High School, in the Pinellas School District. MATERIAL ALLEGATIONS 3. On or about September 19, 2001 Respondent engaged in a confrontation with - a 17-year-old, male student, during football practice. Respondent pushedqt him in a head lock, and wrestled him to the ground. After another coach broke them up and was getting up from the ground, Respondent pushed him back down. Before and after the physical confrontation, Respondent directed profanity at-including calling him a ?fucking pussy? or words to that effect. Effective September 20, 2001, the school district placed Respondent on administrative leave with pay. Effective October 8, 2001, Respondent resigned his position with the school board. MICHAEL T. CURRENCE Administrative Complaint 2 of 3 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student?s mental health and/or physical health and/or safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- l.006(3 Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. MICHAEL T. CURRENCE Administrative Complaint 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative ?ne, suspension of the teaching certi?cate not to exceed three years, permanent revocation of the teaching certi?cate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this f2! i day of ,2003. as mmissioner of Education State of Florida KATHLEEN M. RICHARDS GRACE WILLIAMS Executive Director STATE OF FLORIDA Chairperson ANN COCHEU LUCILE CASEY Counsel Co-Chairperson October 24, 2003 Michael Currence Monceilieri TO 10024 (Italy), Ohio 10024 Re: Jim Home vs. Michael Currence Dear Mr. Currence: As you know, the teacher panel ofthe Education Practices Commission reviewed the matter pending against you. Based upon the panel's consideration of this matter and upon the panel's acceptance of your Settlement Agreement, you are hereby reprimanded. This panel, composed of your peers, believes that, as a teacher, you are required to exercise a measure of leadership beyond reproach. By your actions, you have lessened the reputation of all who practice our profession. The profession cannot condone your actions, nor can the public who employ us. The Education Practices Commission sincerely hopes it is your intention to never allow this situation to occur again or indeed, to violate any professional obligation in ful?lling your responsibilities as an educator. To violate the standards of the profession will surely result in further action being taken against you. This letter of reprimand is being placed in your state certi?cation ?le, and a copy is being sent to the Pinellas County School Board for placement in your personnel ?le. Sincerely, Grace Williams Presiding Of?cer 325 West Gaines Street 0 224 Turlington Building - Tallahassee, Florida 32399-0400 0 (850) 245-0455