on. J. as the 
Commissioner of Education, "r 1? 2w
Petitioner, sausages Peanuts 
STATE OF noses
vs. EPC CASE N9: 
index N9 ??3le gm;
OCTAVIAN REJUUTA PPS NQ 089-2972
Respondent
I
Final Order

Respondent, Octavian Rejuuta Nephilim, holds Florida educator?s certificate no.
1083919. 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 personal
service, 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 August 4, 201 in Tallahassee, Florida. Respondent was not present at the meeting.

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
Octavian Reiuuta Nephilim
Page 2

Since Respondent has not repiied to the Administrative Compiaint 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.

FINEENGS QF FACT

The allegations of fact in paragraphs 1 through 6 of the Administrative Complaint

are adopted as findings of fact by the panel.
CONCLUSESNS QF LAW

1. The conclusions of law alleged in counts 1 through 2 of the Administrative
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?s educator?s certificate shall be suspended for a period of two (2)
years from the date of this order.

2. Upon employment in any public or private position requiring a Florida
educator?s certificate, Respondent shall be placed on 2 employment years of probation
with the conditions that during that period, he shalt:

A. immediately notify the investigative office in the Department of Education

Final Order
Octavian Rejuuta Nephilim
Page 3

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.

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 district school board poiicies,
school rules, and State Board of Education rules.

E. Satisfactorily perform all assigned duties in a competent, professionai manner.

F. Bear all costs of compiying with the terms of a final order entered by the
Commission.

G. Refrain from transporting minor students in or on motor vehicles.

H. Respondent is assessed an administrative fine of $500.00 to be paid within
the first year of probation.

This order shalt become effective upon filing with the Clerk of the Commission.

 

 

 

Finai Order
Octavian Rejuuta Nephitim
Page 4

COPIES FURNISHED TO:
Bureau of Professional Practices
Bureau of Teacher Certification
Florida Administrative Law Reports
Superintendent

Duval County Schools

1701 Prudential Dr.
Jacksonville, FL 322018182
Professional Standards

Duval County Schools

1701 Prudential Dr.
Jacksonville, FL 32207?8182

Daniel Biggins
Assistant Attorney General

Recovery Network Program
for Educators

Probation Office

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 co
Nebhilim

  

of the foregoing Order was mailed to Octavian Rejuuta
Jacksonville, FIorida 32225 by Certified US. Mail

and by electronic mail to Margaret O?Sullivan Parker, Deputy General Counsel, Suite 1232,
Tcrlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 this day

of September, 2011.

@Mc? 

Jani??e Harris,
Education Practices Commission

STACEE OF FLGREBA
EDUCATETQN PRACTICES CSMMISSIGN

DR. ERIC J. SWTH, as
Commissioner of Education,

Petitioner,

vs. CASE N9, 889-2972
GCTAVMN RAJWTA NEPHILIM,

Respondent.

ABMXNISTRATIVE CUWLAINT

Petitioner, Dr, Erie 3. Smith, as Commissioner of Education, files this Admiriistrative
Complaint against OCTAVLAN RAJUUTA NEPHILIM. The Petitioner seeks the appropriate
d?i-seipliaary satiation of the. Respondent?s. educator?s certi?cate pazsuant to Sectioas 1.81.2.3 3.5.,
1012.795, and 1012.796, Florida Statutes, and pursuant to Rule. 6134.906, Florida Adlni?lStI?aTlVC
Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions
speci?cally set forth in Sections 19127958.) and Florida Statutes.

The Petitioner alleges: 
JURISDECTEEON

l. The Respondent holds Florida Educator?s Certi?cate 1083919, covering the area of
Social Science, which was valid through Emile 30, 2010.

WTEREAL ALLE GATEGNS

3. On or about March 29, 2009, in Duval County, Florida, Respondent was driving
while intoxicated or otherwise impaired when a law enforcement officer approached his vehicle
because the license tag light was not working. The of?cer noticed open beer containers in the
vehicle and upon further inspection, found a hand. gun. When Respondent was ordered out of the
vehicle, he resisted. Respondent submitted to an alcohol breath test which resulted in values
of .174 {.175 grams of alcohol per 210 liters of breath. Respondent was arrested and charged with

one (1) count each of Carrying a Concealed Weapon, Driving Under the In?uence (DUI), Resisting

OCTAVIAN RAJUUTA NEPHILIM
Administrative Complaint
Page 2 of 3

Officer Without Violence, Open Container, and No Tag Lights.

4. On or about. April 6, 2009, Respondent irrevocably resigned his teaching position
with Duval County Schools.

5. On or about lune 24, 2010, Respondent plead guilty to the Weapon, DUI, and
Resisting charges. The court found Respondent guilty of the DUI charge, Withheld adjudication on
the Weapon and Resisting charges, and. dismissed the remaining charges.

6. Pursuant to Section Florida Statutes, the plea of guilty in any court or
the decision of guilty by any court is prime feoie proof of grounds for the revocation of the
certi?cate.

The Petitioner charges:
STATUTE VIOLATIONS

COUNT l: The Respondent is in violation of Section Florida Statutes,
in that Respondent has been guilty of gross immorality or an not involving moral turpitude. as
defined by rule of the State Board of Education.

CGUNT Z: The Respondent is in Violation of Section Florida Statutes,
in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless
of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor
traf?c violation.

(SIGNATURE 0N FGLLOWTNG PAGE)
WHEREFGRE, based on the reasons set forth herein and in accordance with the

OCTAVIAN RAJUUTA NEPHILIM
Administrative Complaint
Page 3 of 3

Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfuily recommends that the Education Practices
Commission impose an appIOpi?iate sanction against the Respondent? educator? certi?cate p?ursitant
to the authority provided in Sections 10127950) and 10127960), Florida Stamtes'. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the ReSpondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent?s authorized scope of practice;
assessing the Respondent an administrative tine; directing the Respondent to enroll in the Recovery
Network Program; seepending the Respondent?s educator?s certi?cate for a period of time not to
exceed ?ve years; revoking the Respondent?s educator?s certi?cate for a period of time up to 10
years or pennanently; determining the Reapondent to be ineligible for certi?cation; or barring the
Respondent from rcapplying for an educator?s certi?cate for a period of time up to 10 years or
permanently.

EXECUTED on this DR. gamete, as
Comm sioner of Education
State of Florida