Johnson Charles

8/3/2019 Johnson Charles

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Before the Education Practices Commissiono f t h e S t a t e o f F I - l l ~ o . : . . . : n = :z:..- --,

IN RE: Administrative Complaint seeki ~ ~ C T ~ 2 ~disciplinary action against the Educator'Certificate of Charles Johnson.

__ -,I

inal Order

EPC INDEX NO.

An Administrative Complaint seeking disciplinary action against the educator'scertificate of Respondent, Charles Johnson, was filed by DR. ERIC J. SMITH, asCommissioner of Education on, July 16,2009.

Respondent, holder of Florida educator's certificate number 410879, was servedwith a copy of the Administrative Complaint. Respondent has tiled an answer to theAdministrative Complaint stating that he did not wish to contest the charges, that he waivedany further rights to due process or a public hearing, that he surrendered his certificate for

permanent revocation, and that all his actions were free and voluntary.The Administrative Complaint and the answers are incorporated as part of this

Order.In consideration of the foregoing, the Education Practices Commission, as

empowered by F.S. 1012.796, hereby PERMANENTLY REVOKES educator's certificatenumber, 410879, held by , Charles Johnson.

Reapplication will not be considered.DONE AND ORDERED this t J d y c.

airpersonEduca .on Practices Commission


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Final OrderRe: Charles JohnsonPage Two

I HEREBY CERTIFY that a copy of the foregoing Order in thematter of DR. ERIC J. SMITH vs. Charles Johnson wasfurnished to Charles Johnson, at 951 Shadow Lane, Ft. Pierce,Florida 34951 this 12 day of October 2009, by U. S. Mail.J{;zjM~Kathleen Richards

Education Practices CommissionCOPIES FURNISHED TO:Office of Professional PracticesBureau of Teacher CertificationFlorida Administrative Law ReportsP. O. Box 385Gainesville, Florida 32602SuperintendentSt. Lucie County School Board4204 Okeechobee RoadFt. Pierce, Florida 34947Human ResourcesSt. Lucie County School Board4204 Okeechobee RoadFt. Pierce, Florida 34947Daniel Biggins, Assistant Attorney GeneralThe Capitol Plaza Level 1Tallahassee, Florida 32399Margaret 0' Sullivan Parker, EsquireOffice of General CounselFlorida Department of Education325 W. Gaines Street, Suite 1232Tallahassee, Florida 32399-0400


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ELECTION OF RIGHTSDr. Eric J. Smith. Commissioner of Education,

Petitioner,vs,

CHARLES EDWARD JOHNSONRespondent.

File No.: 078-3373I

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Signify your election by checking the appropriate option:1. [ IFORMAL HEARING OPTION r dispute the allegations of the Administrative Complaint and I request a Formal

Hearing before a Hearing Officer of the Division of Administrat ive Hearings.The allegations I dispute are:a.b .c. Attach additional sheens) if needed.

2. I J INFORMAL HEARING OPTION I do not dispute the allegations of the Administrative Complaint and requestan Informal Hearing before the Education Practices Commission.

3. H....URRENDER OPTION I voluntarily surrender my certificate's) for permanent revocation.4. I ISETTLEMENT OPTION I request a forty-five (45) day period of time to try to negotiate a settlement with the

Office of Professional Practices Services at (850) 245-0438. If an agreement is not reached within the forty-five (45)day period, the case will be scheduled for an [ I Informal or I 1 Formal Hearing (if Formal Hearing is checked,please list the disputed allegations in l a , b, and c). Ifneither informal nor Formal is checked above, the action will bescheduled for an Informal Hearing.

I understand that I will be given notice of any date set for a Formal or Informal Hearing. I have read the Explanationof Rights, fully understand and/or have been advised of my legal rights. (If you do not understand your options,contact the Office of Professional Practices Services at (850) 245-0438.)

~ ~ _ ~ ' - - ~ ' - f r - - 7 - I i - f - ~ ' I ! I I ~ I . " " P " " " U ~ = B : . . . . . L " " " I - - - " ' N = O - T " " R - E o F - Q U m E DF C : : : : : F : : : : : : ~ I I. _COUNTY OF U:t . L4..A:.)!-e/The foregqing instrument was acknowledged beforeme this _._I day of UGh!be/ ,20 Q~ ,

Personally Known pro~uced identificationCommissioned Name of Notary Public


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STATE OF FLORIDAEDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, asCommissioner of Education,

Petitioner,vs. CASE NO. 078-3373CHARLES EDWARD .JOHNSON,

Respondent.------------------------------_/

ADMINISTRATIVE COMPLAINTPetitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative

Complaint against CHARLES EDWARD JOHNSON. The Petitioner seeks the appropriatedisciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315,1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-l.006, Florida AdministrativeCode, Principles of Professional Conduct for the Education Profession in Florida, said sanctionsspecifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes.The Petitioner alleges:

JURISDICTION1. The Respondent holds Florida Educator's Certificate 410879, covering the areas of

Health Education, Mathematics, Physical Education, and Driver Education, which is valid throughJune 30, 2011.

2. At all times pertinent hereto, the Respondent was employed as a MathematicsTeacher at Fort Pierce Westwood High School in the St. Lucie County School District

MATERIAL ALl,EGATIONS3. On or about June 9,2008, the Respondent was arrested and charged with: Count 1,

Lewd or Lascivious Molestation of , a minor; Count 2, Lewd or Lascivious Molestation of_ a minor; and Count 3, Battery against_ a minor.

4. On or about December 19,2008, the Respondent pled nolo contendere to threecounts ofmisdemeanor battery under section 784.03(1), Florida Statutes, and was adjudicated guiltyof these charges. As part of the Respondent's sentence, the Respondent was required to relinquish


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CHARLES EDWARD JOHNSONAdministrative Complaint

Page 2 of3his teaching certificate by January 1. 2009.

5. A conviction for a misdemeanor battery inviolation of section 784.03 disqualifiesthe Respondent from holding a teaching certificate in accordance with section 1012.315, FloridaStatutes, as the victims were minors.

6. The Respondent is in violation of Section 1012.795(2), Florida Statutes, whichprovides that the plea of guilty in any court or the decision of guilty by any court is prima facie proofof grounds for the revocation of the certificate.The Petitioner charges:

STATUTE VIOLATIONSCOUNT 1: The Respondent is in violation of Section 1012.795(l)(d), Florida Statutes,

in that Respondent has been guilty of gross immorality or an act involving moral turpitude asdefined by rule of the State Board of Education.

COUNT 2: The Respondent is in violation of Section 1012.795(1)(f); Florida Statutes,in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardlessof adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minortraffic violation.

COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes,in that Respondent has been found guilty of personal conduct which seriously reduces hiseffectiveness as an employee of the school board.

COUNT 4: The Respondent is in violation of Section 1012.795(1)0), Florida Statutes, inthat Respondent has violated the Principles of Professional Conduct for the Education Professionprescribed by State Board of Education rules.

COUNT 5: The Respondent is subject to Section 1012.795(l)(m), Florida Statutes, inthat Respondent has been the subject of a court order or plea agreement in a jurisdiction whichrequires the certificate holder to surrender or otherwise relinquish their educator's certificate. Asurrender or relinquishment shall be for permanent revocation of the certificate. The Respondentmay not surrender or otherwise relinquish their certificate prior to a finding of probable cause by theConunissioner of Education, as provided in s. 1012.796.

COUNT 6: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, inthat Respondent has been disqualified from educator certification under 1012.315, Florida Statutes.


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CHARLES EDWARD JOHNSONAdministrative Complaint

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RULE VIOLATIONSCOUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-

1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effortto protect the student from conditions harmful to learning and/or to the student's mental healthand/or physical health and/or safety.

COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)( e), Florida Administrative Code, in that Respondent has intentionally exposed a studentto unnecessary embarrassment or disparagement,

WHEREFORE, based on the reasons set forth herein and in accordance with theExplanation of Rights and Election of Rights forms attached to and made a part of thisAdministrative Complaint, Petitioner respectfully recommends that the Education PracticesCommission impose an appropriate sanction against the Respondent's educator's certificate pursuantto the authority provided inSections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctionsimposed by the Education Practices Commission may include, but are not limited to, anyone or acombination of the following: issuing the Respondent a written reprimand; placing the Respondenton probation for any period of time; restricting the Respondent's authorized scope of practice;assessing the Respondent an administrative fine; directing theRespondent to enroll in the RecoveryNetwork Program; suspending the Respondent's educator's certificate for a period of time not toexceed five years; revoking the Respondent's educator's certificate for a period of time up to 10years or permanently; determining the Respondent to be ineligible for certification; or barring theRespondent from reapplying for an educator's certificate for a period of time up to 10 years orpermanently.

EXECUTED on this _ l i e i - - 1 . .day Of .. ~U..l '1 __2009.

DR. E I J. SMITH, asCommi toner of EducationState of Florida

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Johnson Charles