Before the Education Practices Commission of the State of Florida l] JOHN L. WINN as the Commissioner of Education, . - Essence PRACTECES COMMISSION Pet't?oner? Start or FLORIDA vs. CASE N9: EPC Index N9 0%41?? Fm; THOMAS O. TURNBULL, Respondent. I Final Order Respondent, Thomas O. Turnbull, holds Florida educator?s certificate no. 804238. Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. A copy of the Administrative Complaint is attached to and made a part of this Order. Service of the Administrative Complaint was made upon Respondent by Certified US. Mail. Respondent has failed to respond to the Administrative Complaint and has not requested a hearing or any other proceeding. This cause came before a teacher panel of the Education Practices Commission on September 21, 2007, in Tampa, Florida. Respondent was neither present or represented. The Commission finds that Respondent was properly served with the Administrative Complaint, has failed to respond timely, and has waived any right to be heard. Final Order Thomas O. Turnbuii Page 2 Since Respondent has not replied to the Administrative Complaint and has not contested the factual allegations, Petitioner offered the investigative file into evidence to prove the facts as alleged in the Administrative Complaint. The Commission finds these materials clearly and convincingly support the allegation and establish a prima facie case. FINDINGS OF FACT The allegations of fact in paragraphs 1 through 3 of the Administrative Complaint are adopted as findings of fact by the panel. CONCLUSIONS OF LAW 1. The conclusions of law alleged in Counts 1 through 1 of the Adn'iinistrative Complaint are adopted as conclusions of law by the panel. 2. There is competent, substantial evidence to support the panel?s conclusions. 3. The violations committed by Respondent warrant disciplinary action by the Education Practices Commission. PENALTY Upon consideration, it is ORDERED: 1. Respondent is assessed an administrative fine of $250.00 to be paid within 1 year of the date of this Final Order. 2. Respondent is hereby issued a letter of reprimand This order shall become effective upon filing with the Clerk of the Commission. Final Order Thomas O. Turnbuli Page 3 DONE AND ORDERED, this [Fi? day of I. COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Superintendent Highlands County Schools 426 School Street Sebriag, FL 33870-4098 Humas Resources Director Highlands County Schools 426 SchooI Street Sebring, FL 33870?4098 Ronald G. Stowers, DOE Counsel for PPS Daniel Biggins Assistant Attorney General Probation 2007. I DEBORAH PresIding oriicer 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. Finai Order Thomas O. Tumbuli Page 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Ordet was maited to Thoma . Tumbult, Sebring, Florida 33870 by Certified us. Mai! this .12? day of i 2007. DON o. SHIELDS, Education Practices Commission STATE OF LORIDA PRACTICES COMMISSION JOHN L. as Commissioner of Education, Potitionerl vs. CASE NO. 045w3239~M THOMAS 0. TURNBULL, Respondent. ADMNISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner odeucation, ?les this Adn'tinistmtive Complaiot against THOMAS O. TURNBULL. The Petitioner soaks the appropriate digciplinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule Florida Administrative Code, Prinaiplos of Professional Conduct for the Education Profession in Floridat said sanctions Speci?cally set foa'th in Sections 10123950) and Florida Statutes. The Patitioner alleges: SBICTION l. The Respondent holds Florida Educator?s Certi?cate 80412138? covering the area of Athletic; Coaching, which is valid through June 30, 2010. 2. At all times pertinent hereto? the Respondent was employed as a Football Coach Teacher at Sob?ng High School in the Highlands County School District. MATERIAL ALLEQAI IQNS 3. On or about October 2, 2005, Respondent was involved in an altorc ration with three, young-adult females at his home. Respondent threw rocks at tho vohicle the females were in and discharged a ?rearm one or more times. On or about March 7, 2005, Respondent was arrested and charged with Aggravated Assault (Firearm). The state attomoy ?3 office ?led information on Discharging a Firearm in Public and Shooting into Occupied Vehicle. 011 or about August to, 2005, the state attomey? 5: of?ce nollo prossod the charges following, Rospondent? completion ofa pretrial intervention program. THOMAS 0. TURNBULL Administrative Compiaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section {0 Florida Statutes, in that: Respondent has been guilty of green immorality or an not involving moral tuzpitude. WHEREFORE, based on the reasone set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction. against the Res pendent ediieamr?e certificate pursuant to the authority provided in Sections 1012.795?) and Florida Statutes. The sanctions imposod by the Education Practices Commission may include, but are not limited to, any one or a combination of the fottowing: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the ReSpondeiit?e authorized scape of practice; assessing the Respondent an administrative tine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent?e educator?s certi?cate for a period of time {101: to exceed five years; revoking the Respondent?s educator?s for a period of time up Lo 10 years or permanently; or barring the Respondent from reapplying for an educator?s certi?cate for a period oi?fime up to 10 years or permanently. EXECUTED on this 5?33 day of 914,53/ ,2005- ?ow L. mm; as Commissioner of Education State ol'Fioride EDUCATION PRACTICES COMMISSION STATE OF FLORIDA KATHLEEN RICHARDS DENNIS GRIFFIN. Executive Director Chairperson DANIEL HIGGINS BRIAN DONOVAN Assistant Attorney General - (So?Chairperson October El, 2007 Thomas annbull Sebrmg, Florida 33 870 Re: John L. Winn ys. Thomas EPC No: DOE No: 804238 Dear Mr. Tuinbull: As you know, the teacher panel of the Education Practices Commission reviewed the matter pending against you. The panel concluded that you violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education rules and hereby reprimands you. for the conduct alleged in the AdministrativeComplaint which is incorporated herein. 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 pieced in your state certi?cation ?le, and a copy is being sent to the Highlands County School Board for placement in your personnel file. Sincerely, - Deborah Shepard I Presiding Of?cer 325 West Gaines Street a 224 Turlington Building 0 Tallahassee, Florida 32399?0400 - (850) 245~0455