TOM GALLAGHER, as Commissioner of Education, Pe??onen vs. EPC CASE N9 99-0303 -RT JAMES STABILE, EPC INDEX N9 00- L02. -AS Respondent. Final Order Respondent, JAMES STABILE, held Florida educator's certi?cate no. 258763 which was valid through June 30, 2004. Petitioner has ?led an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the license. 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 June 9, 2000, in Tampa, 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. This Order takes effect upon filing? DONE AND ORDERED, this 9 day of 2000. 7714/0000? MARGARET WOLFE, P??esiding Of?cer Final Order' James Stabile Page Two COPIES FURNISHED TO: Bureau of Education Standards Bureau of Teacher Certification Florida Administrative Law Reports Dr. James Monroe, Exec. Dir. Professional Standards Dade County Schools 1500 Biscayne Blvd., Suite 114 Miami, FL 33132 Dr. Joyce Annunziatta, Sr Exec Dir Of?ce of Professional Standards Dade County Schools Charles Whitelock, Attorney at Law 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. ERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order in the matter of Gallagher vs. Stabile, was furnished to Neil Flaxman, Attorney at Law, 550 Biltmore Way, Suite 780, Coral Gables, FL 33134, this Bir?day of r. 2000, by us. Mail. YIZWJHIHUT lCmdA KATHLEEN RICHARDS, Clerk KATHLEEN M. RICHARDS EDUCATION PRACTICES COMMISSION Executive Director STATE OF FLORIDA RIVERS BUFORD. JR. Counsel June 9, 2000 James Stabile 6215 West 20"" Avenue, #203 Hialeah, Florida 33012 Re: Tom Gallagher vs. James Stabile EPC Social Security No.: Dear Mr. Stabile: As you know, the teacher panel of the Education Practices Commission reviewed the matter pending against you on June 9, 2000. 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 that practices our profession. The profession cannot condone your actions, nor by 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 ?rrther 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 Dade County School Board for placement in your personnel ?le. Sincerely, b) Elma Wolfe Presiding Of?cer PW/mm 325 West Gaines Street Room 224 - - Tallahassee, Florida 32399 - (850) 488-0547 fresh/?0 EUUCAI PRACTICES STATE or FLORIDA EDUCATION PRACTICES COWIWQM -5 PH 3H5 II TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. ASE NO. 989-23544? JAMES Respondent. SET LEMENT COME NOW the Petitioner and the Respondent. who hereby stipulate and agree as follows: 1. The Respondent holds Florida teaching certi?cate 258763 issued by the Honda Depamnem anrlumtion covering the areas of English and guidance and counseling. which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a guidance counselor at Barbara Goleman Adult Center. in the Miami-Dade County School District. 3. The Respondent neither admits nor denies, but elects not to contest the allegations set forth in the Petitioner?s Adn?nistratwe Complaint, are incorporated herein by reference. 4. The Respondent: agrees to accept a. letter of reprimand, a copy of which shall be placed in his certi?cation ?le with the Department of Education and a copy of which shall be placed in his personnel tile with the employing school 5. The Respondent agrees that he shall be placed on probation for a. period of 1 year, commencing upon the issuance of the Final Order by the Education Practices Commission accepting this settlement agreement if the Respondent is currently employed in Florida, in a position Iames Stabile 7 Settlement cement 2 of 4 requiring a Florida educator's certificate. Ifthe Respondent is not currently employed in Florida, in a position requiring a Florida educator?s certi?cate, the probationary period shall commence upon his ei'nployment in Florida, in a position requiring a Florida educator?s certi?cate. In the event that the Respondent?s employment in the teaching profession is interrupted for any reuon prior to the. expiration of the probationary period, the probationary period shall be tolled until such time as the Respondent resumes employment in Florida, in a position requiring a rlorida educator?s certi?cate. A: conditions of probation, the Respondent shall. (3.) immediately contact the EPC upon any reemployment in Florida, in a position requiring a Florida educator?s certi?cate [or if employed as an educator in Florida, in a position requiring a Florida educator's certi?cate, shall contact the EPC within 10 days of the issuance of the Final Order accepting this Settlement Agreement], indicating the name and address of the school. as well as the name, address and telephone number of his immediate supervisor; 03) 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 ufits preparation; pay to the EPC $150.00 within the ?rst six months of each probation year to defray the costs of monitoring probation; within the first year take and submit to the EPC, written veri?cation of success?ll completion with a grade of or better, of a three credit hour college level course in the area of Professional Responsibilities; witl?un the ?rst year take and submit to the EPC, written veri?cation from the employing school district. of success?ll completion of an inservice course in the area of Anger Control/Management, violate no law and shall ?illy comply with all district school board regulations, school rules and State Board of Education Rule Ola-1.006, and, satisfactorily perform his assigned duties in a competent. professional manner. James Stabile Settlementyeement age 3 of 4 6. In the event the Respondent fails to comply with each condition of probation set forth herein, the Respondent agrees that the Petitioner shall be authorized to ?le an Administrative Complaint for sanctions up to and including the revocation of his teaching certi?cate based upon the notation of the terms of this a5! cement. 7. The parties acknowledge and the Respondent agrees that any costs associated with the ?il?llment of the terms of this agreement and the terms of the Respondent's probation, including the statutory $150.00 per year EPC monitoring fee, shall be the sole responsibility of the Respondent. It is provided that the probation monitoring fee shall be held in abeyance ifthe Respondent is not employer! in Florida in a position requiring a rlorida educator? certi?cate, pursuant to the terms of probation above. 8. This agreement shall be void and shall have no force or effect unless signed by all parties and accepted by the 9. This agreement constitutes an offer of settlement of disputed issues of material fact until accepted and executed by all parties If this agreement is not accepted and executed by all parties, the terms hereof shall be inadmissible in any subsequent formal or informal administrative hearing or in any other legal action between the parties. 10. The Respondent undersrands the provisions of this agreement, their legal e??ect and his rights under Florida law to a formal hearing before a hearing o?tcer at the Division of Adm'nistrative Hearings or an informal hearing before the EPC. The Respondent speci?cally waives his right to both a formal and infer-trial hearing, except he may appear before the EPC in order to urge the adoption of this agreement. The Respondent further acknowledges that he is under no duress, coercion or undue in?uence in signing this agreement, and that he has had the Opportunity to receive the advice of legal counsel prior to signing this agreement. 11. The agreement shall be submitted to the EPC with the joint request by the parties that the EPC accept and adopt the terms of this 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 hill evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, it deems such action to be appropriate. James Stabile Settlement Agreement ?P?nge 4 of 4 12. The Respondent waives all statutory and regulatory provisions concerning notice of hearing and agrees that this agreement may be presented to the EPC for consideration at its next regularly scheduled meeting, provided that the Respondent is given reasonable advance notice of the time, place and date of said meeting. IN WITNESS WEERFDF, the parties have executed this agreement on this day of 2000. STATE OF Fm . COUNTYOF 2:12; Qgie/ The regoing instrument was acknowledged before me this day of 2% by JAMES STABILE. who is 1/ personally known or produced as identi?cation [type of identi?cation produced]. . ARY PUBLIC 0mm; NOTARYSEAL AUM PADR My CD CXP 5- NOTARY STATE m. 1 common m. 19 GWELOCK Whitelock 8t Associates 550 Biltmore Way, Suite 780 300 Southeast 13" Street Coral Gable. Florida 33134 Ft. Lauderdale, Florida 33316 (305) 44 5-1388 (954) 463-2001 ATTORNEY FOR RESPONDENT ATTORNEY FOR PETITIONER STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-2354-M JAMES J. STABILE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, ?les this Administrative Complaint against James J. Stabile. The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator's certi?cate, pursuant to Sections 231 262 and 231 28, Florida Statutes, and pursuant to Rule 6B-l 006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 231.262(6) and 23 128(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator?s Certificate 258763, covering the areas of English, and guidance and counseling, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a guidance counselor at the Barbara Goleman Adult Center, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about July 22, 1998, Respondent made unprofessional comments about the administration of his work center using profanity, and threatened that he would ?shoot? all of the administrative staffif he had a gun James J. Stabile Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 2: The allegations of misconduct set forth herein are in violation of Rule Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual?s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 68- Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgment of colleagues WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231 262(6) 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 certificate, 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 day of 1999 F. TOM Commissioner of Education, State ofFlorida