Before the Education Practices Commission of the State of Florida DR. ERIC J. SMITH as the Commissioner of Education, Petitioner5 EDUCATION PRACTICES COMMISSWN STATE OF FLORIDA vs. EPC CASE N9: indexNQ A5 FRANK HARRIS ADAMS, PPS N9 1010593 Respondent Final 0 rder Respondent, Frank Harris Adams, holds Florida educator?s certificate no. 893820, Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. Petitioner and Respondent have entered into a Settlement Agreement for resolution of this cause. The Settiement 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 August 4, 2001 in Tallahassee, Florida. The Commission accepts the Settlement Agreement as the approoriate resolution of this cause. It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions. Finat Order Frank Harris Adams Page 2 This Order becomes effective upon ?ling. DONE AND ORDERED, this day of 3333333333333 252?:- E. Niree'eegtt Effioet COPIES FURNESHED TO. 333E EAE. REVIEW UNL?i?sg ??121.91 RENEE EJVHQ ES Bureau of Professional Practices 3:33:13?: HES FINAL 33-: ETE 3E3: 3'33 CIAL ?l .331": NEN "323:: 58 FLORIDA NE: '33 EN EDENGS ARE . . . . GQEVERN .lfl'} B3 if.? 33: RULES OF Florida Law Reports 3-3.. EEUCH PRQC: 3-- BY Bureau of Teacher Certification Superintendent 3:33.: 3 t. 3'3 3:33" 3. OF Polk County Schools A3333: 33.3. 3 33-3 333:3. 3..:3:rot.:.3:33o33 PO. Box 391 33333333333 -33 3:333 33-333 .3. 3333:3333-333 COPY, Bartow, FL 338310391 AC .oew 3333.3: 3:3 33.3. Ne 3:333:33 P3333333: 3331:: 3. 3:33 W33 NTHE DISTRICT Director, Employee Relations .3333 ESERICT 0R poik County Schoois W33 3-3 3:333:33: or APPEAL 3N 13.0. BOX 391 THE 33%" 3 3:3 WHERE THE Bartow, FL 338310391 mew 333:3 .3333; 33:32 OF APPEAL fit: EE (30) DAYS . . QE- Rm?t EN 3ER Probation Office Recovery Network Program Daniel Biggins Assistant Attorney General Final Order Frank Harris Adams Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Frank Harris Adamsi ake Alfred, Florida 33850 and Peter Caldwell, FEA, 300 East Park Avenue, Tallahassee, Florida 32301 by Certified US. Mail and by electronic mail to Margaret O?Sullivan Parker, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 this day of August, 2011. nice Harris, Education Practices Commission STATE 0F FLGRIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Cemmissiener of Educatien Petitiener, vs. CASE NO. 191-9593 FRANK WIS ADAMS, Respeadent. . .. SETTLEMENT AGREEMENT {i i Petitioner anti Respondent hereby stipulate and agree as follows: 1. Certification: Respendent holds Florida Educator?s Certi?cate Number 893 820 issued. by the Department of Education covering the areas of General. Science and Exceptional Student Educatien, which is valid through Juae 30, 2011. 2. Employment. At all times pertinent hereto, Respondent was employed as a Science Teacher at grandee Ridge Middle Scheei in. the Polk County School District. 3. Allegetiaas. Respeadeat neither admits net denies, bat elects not to centest- the allegations set forth in Petitioner?s Administrative Complaint, which are incorpmated herein by reference. 4. Letter 017 Ream-mend. Respondent agrees to accept a letter of reprimand, a copy {1 5. Recevew Netw?rk l?i?ewam. 3. Evaluation. Respondent agrees to: 1) submit to an evaluation relating to the issues cited in the Administrative Complaint as determined by the Recovery Network Pragram and coaducted by a Florida licensed or mental health counselor appreved by the 2) provide the RNP mitten veri?cation from the imminent FRANK HARRIS ADAMS Settlement Agreement Page 2 of 5 ptovideds) of success?? completion of the evaluation within sixty (60) days of issuance of the Final Order accepting this Settlement Agreement OR Within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later, and authorize the RNP to release evidence of satisfaction of this requirement directly to any employing school district or private or charter school; 3) undergo any coonseliog or treatment as may be prescribed by said professional; 4) provide the and the employing school district or private or charter school with written veri?cation from the treatment provider(s), of completion of all tecommecded treatments Within sixty (60) days of completion; and b. Written Veri?cation. Reapondent 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 provideds) may ethically predict, that Respondent poses no risk ofthreat or harm. to the safety or well?being of students within sixty (60) days of issuance of the Final Order accepting this Settlement Agreement 0R within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s ceititicate, whichever occurs later; and 2) provide the RNP and the employing school diso?ic-t. or private or charter school with written verification from the treatment provider (3) that Respoodeot is capable of performing his responsibilities as an educator within sixty (60) days of issuance of the Final Order accepting this Settlement Agreement. OR within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichevet occars later. c. Erior Evaluation. If Respondent has undergone evaluation(s) and treatment and/or counseling after the incident(s) alleged in the Administrative Complaint, the evaluatioa?} and treatment and/or counseling may be used in lieu of the evaluation(s) and VI. treatment and/or counseling agreed to herein, if acceptable to the RNP. d. Employment. If Respondent is not employed in a position requiring a Florida edUcator?s certi?cate on the date, or within (1) year of the date, the initial RNP required herein are performed, Respondent agrees to submit to. follow-up evelaatioois) as determined by the Within sixty {60} days of being employed in such a position, c. Costs. Respondent shall bear responsibility for all costs associated with FRANK HARRIS ADAMS- Settlement Agreement Page 3 of 5 the evaluation, treatment and counseling. 6. Probation. Respondent agrees that he shall be placed on probation for a period of two (2) employment years. If 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 .?ractices Commission (EPC) provided the EPC has accepted this Settlemeot 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 is interrupted for any reason prior to the expiration ofprobatioo, the probation shall be tolled until Respondent resumes employment in a- position requiring a Florida educator?s certi?cate. As conditions of probation, Respondent: a. shall immediately contact the Department of Education 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 Department of "Education within ten (l6) days of the issuance of the Final Order accepting. this Settiement Agreement and Respondent shall provide the Department of Education with the name and address of his work site as well as the name, address and telephone number of his immediate supervisor. b. shall make arrangements for his immediate supervisor to provide the EPC with a true and accurate copy of each written anneal. performaoCe evaluation or assessment- prepared by his supervisor within ten (10) days of its preparation; e. shall pay to the EPC $150.00 within the first six months of each.- probation year to defray the costs of monitoring probation; d. shall Violate no law and fully comply with all district chooi hoard regulations. school rules and State Board of Educ ation Rule 634.006; and e. shall. satisfactorily perform his duties in a competent, professional manner. Line. Respondent agrees $500.09 to the EEC within the ?rst year of the probationary period. 8. Violatioo. In the event Reopondent fails to comply with each condition set forth herein, he agrees that the Petitioner shall be authorized to ?le so Administrative Complaint or a Notice of Violation with the EPC seeking sanctions against his Florida educator? certi?cate up nil-I to and including pennanent revocation of his Florist edocator? certi?cate and a. permanent bar ?ap? fer a pln?rin ?(111.93.th m: g?ga ate- based 1173011 :116- Vl?latl?? Of the terms Of MleLlV?-I-tlu A. luminou- this Settlement Agreement. FRANK HARRIS ADAMS Settlement Agreement Page 4 of 5 9. Costs and Fees. Respondent agrees that any costs associated with. the ful?llment of the toms of this Settlement Agreement shall be his sole responsibility.- These costs include, but are not limited to, those associated with the Recovery Network Program and Probation, if applicable. The probation monitoring fee shall be held in abeyance if Respondent is not employed as an educator pursuant to the terms of the Probation. 10. Force and Effect. This Settlement Agreement constitutes an offer of settlement of diaputed 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 he inadmissible in any subsequent fennel or infomal administrative hearing or in any other legal action between the parties. 11. Notice of ?Three Strikes? Provision; Respondent is hereby pot on notice that - Section Florida Statutes (2004), provides for permanent revocation of'ao "educator?s certi?cate under certain circumStan'ces when the educator?s certi?cate has been sanctioned by the Education Practices Commission on two (2) previous occasions. 12. Waiver of Rights. ReSpoodeot understands 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. Divisioa of Admisistrative Hearings (DOAH) or as informal hearing before the EPC. Respondent speci?cally waives his right to both a formal arid an iofcmial hearing, except he may appear before the EPC in order to urge the adoption of this Settlement Agreement. Respondent further acknowledges that he is under no duress, coercion. or ctr-doe iotlceoce to caecete this Settlemeot Agreemeat and that he has the opportamity to receive the advice of legal counsel prior to signing this Settlemect Agreement. 13. Aggroval. Whoa folly executed, this Settlement Agreement shall be submitted to the EPC Wit-i1 the ioirrt request by the parties that the EPC accept and adopt the terms of this Settlement Agreement as the basis for its Fina} Order in this proceeding. The parties understand that the EPC has the discretion to reject this Settlement Agreement and order a hill evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, it deems such action to be appropriate. 14. Notice. Respondent waives all statutory and regulatory provisions concerning notice of hearing and agrees that this Settlement Agreement may he presented to the EPC for coosideratioo at its next available scheduled meeting, orovidcd that Respondent is given reasonable advanced notice of time, place and date of said meeting. AND NQTARIZATIQN (3N FOLLQWING FRANK HARRIS ADAMS Seftlement Agreement Page 5 0f 5 WITNESS the parties have executed this Settlement Agreement on this WWdey of . 20 \tamw? fie/?m FRANK HARRIS ADAMS foregoing instrument was acknowledged before me this ~25Wm") 13 personally renown or produced as identi?cation [type of identi?catim: produced]. - 8 Hm My Sammy, W63 NOTARY PUB MC Expires 06f131201?3 My eemmission expires: 72/ 3mm MCNEAL . PETER CALDWELL, ESQUIRE Assistant General Counsel Florida Education AssOciation Suite 1244, Turlington Building 300 East Park Avenue 3.25 West Games Street Tallahassee, Halide. 32391 Tallahassee, Florida Telephone (850) 224-7818 Telephone (850) 245-0443 Facsimile (850) 224~0447 Facsimile (850) 245-9425 AWORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT STATE OF EDUCATION PRACTICES COMIVIISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 101?0593 FRANK HARRIS ADAMS, Respondent. ADMINISTRATIVE COMBLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, ?les this Administrative Complaint against FRANK HARRIS ADAMS. The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida. Statutesj and pursuant to Rule 613- 1. .006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 10127950) and 10127960), Florida Statutes. The Petitioner alleges: JURISDICTION l. The Respondent holds Florida Educator?s Certi?cate 893820, covering the areas of General Science and Exceptional Student Education, which is valid through June 30, 2011. 2. At ali times pertinent hereto, the Respondent was employed as a Science Teacher at Dundee Ridge Middle School in the Polk County School District. MATERIAL an EGATIONS 3. On or about July 18, 2007, in Polk County, Florida, Respondent was found guilty of Driving Under the Influence. Respondent failed to selftreport this conviction to the appropriate authorities. 4. During the 2009-2010 school year, Respondent stated to teacher Laura Frith that when Respondent stared at male student- he pictured a bullet going into the front of .5. head and coming out the back. Respondent also told Ms. Frith that ReSpoudent would shoot his gun and pretend the targets were students or administrators. On or about May 5, 2010, in Polk County, FRANK HARRIS ADAMS Administrative Complaint Page 2 of 3 Florida, Respondent told teacher Ms. Frith that he wished male student- would come onto Respondent?s property so that Respondent could shoot 5. On or about May 6, 2010, in Polk County, Florida, Respondent stated to teacher Jessie Shoemaker that Keepondent was getting aggravated with students, and Respondent made a gesture with his hand like shooting a, gun while talking about students. 6. During the 2009-2010, teacher Locnda Narramore heard Respondent use the words, ?bust a. cap,? or words to that effect, and saw Respondent make a gesture with his hand like shooting a gun. Respondent also commented to Ms. Narramore about taking pictures of students and using the pictures as target practice. Respondent stated, ?they should worry about me shooting up the place," or words, to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section Florida Statutes, in, that Respondent has been guilty of gross immorality or an act involving moral tnrpitude as de?ned by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section Florida Statutes, in that Re3pondent 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. COUNT 3: The Respondent is inviolatjon 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 Respondent is in violation of Rule Florida Administrative Code, in that Respondent has failed to self~report Within forty?eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shail such notice be admissible for any purpose in any proceeding, civil or criminal, administrative orjudicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, ?nding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other th :1 a minor traf?c violation within forty-eight (48) hours a?er the ?nal judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the con?dentiality provisions of Sections 943.05 85(4)(c) and Florida Statutes. FRANK HARRIS ADAMS Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons 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 Cozmnission impose an appropriate sanction against the Respondent? educator? certi?cate pursuant to the authority provided in Sections 1012.795( 1) and 10117960), 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 ethninistrative ?ne; directing the Respondent to enrol}. in the Recovery Network Program; suspending the Respondent?s educator?s certificate for a period of time not to exceed ?ve years; revoking the Respondent?s educator?s certificate for a period of time up to 10 years or pennanently; determining the Respondent to be ineligible for certification; or. barring the Respondent from reapplying for an educator?s certi?cate for a period of time up to 10 years or permanently. EXECUTED on this lg?: day of Mqu 2011. 3W DR J. as Commissioner of Education State of Ronda EDUCATION PRACTICES COMMISSION STATE OF FLORIDA KATHLEEN RICHARDS BRIAN DONOVAN Executive Director Chauperson DANIEL BIGGINS J01 DAVIES Counsel Co-Chairperson August 4, 201 1 Frank Adams Lake Alfred, Florida 33850 Re: Dr. Eric J. Smith vs. Frank Adams EPC No; i DOE No: 893820 Dear Mr. Adams: As you. know, the teacher panei of the Education Practices Commission reviewed the matter pending against you. Based upon the panel?s consideration of this matter and upon the para-3% aeceptance oi?your Settlement Agreement, you are hereby reprimanded. This panel, composed of your peers, believes that, as a teacher, you are reearirexi to exercise a. measure of leadership beyond reproach. By your actions, you have lessened the reputatigai oi?aii who practice our profession. The profession cannot condone your actions, nor can the Miro ernpioy us. The Education Practices Commission sincerely hopes it is your intention to car aiiow this situation to occur again or indeed, to violate any professional obiigation in our as an educator. on To Violate the standards ofthe profession surely resuit in further Ei.{jil..z .. ita,i.izggt.21i.en against you. This letter of reprimand is being placed in your state certification tile, ar-szii a easy iieingg; sent to the Polk County School Board for placement in your personnei tile. Sincerely, we trim? Strauss Presiding Of?cer 325 West Gaines Street a 224 Turlington Buiiding a Taliahassee, Florida 32399?0400 6 (850) 245~0455