Wax v. Horne, 4D02-2832.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Stevenson |
| Citation | 844 So.2d 797 |
| Parties | Judith Hope WAX, Appellant, v. Jim HORNE,<SMALL><SUP>1</SUP></SMALL> as Commissioner of Education, Appellee. |
| Docket Number | No. 4D02-2832.,4D02-2832. |
| Decision Date | 14 May 2003 |
v.
Page 798
Ron Renzy of Wallberg & Renzy, P.A., Coral Springs, for appellant.
Charles T. Whitelock of Whitelock & Associates, P.A., Fort Lauderdale, for appellee.
STEVENSON, J.
In this appeal, appellant, Judith Hope Wax, challenges the final order of the Education Practices Commission permanently revoking her Florida educator's certificate. We affirm.
The administrative complaint alleged that Wax, a seventh-grade middle school teacher, had sent several of her students electronic mails and audio files over the Internet that contained sexually suggestive jokes, profanity and "sexual material not suitable for students." Wax chose not to dispute the factual allegations in the complaint and requested an informal hearing where her attorney argued that her license should only be suspended, followed by probation. Wax's attorney stated that she was only twenty-five years old at the time of the incident and that her husband had died a month earlier. The Commission was also informed that Wax had resigned from her position in Florida and was now working on getting her teaching certificate in Nevada.
At the hearing, the Commissioner recommended that Wax's license be permanently revoked because Wax "showed a lack of recognition of the inappropriate action" in dealing as an educator with the seventh-grade students. The Commissioner argued that Wax lacked any remorse for her actions. Further, the Commissioner pointed out that the incident was not isolated and inadvertent, but that Wax had solicited the e-mail addresses so she could send the students profanity-laced, sexually-explicit material and had sent the e-mails to sixteen students.
Ultimately, the Commission imposed a penalty of permanent revocation of Wax's educator's certificate and permanently barred Wax from re-application. On appeal, Wax argues that her permanent revocation is inconsistent with prior agency practice since there are other cases where
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the conduct was more egregious, but the penalty less severe. For the same reasons, Wax also argues that the Commission's order violates the equal protection clauses of the United States and Florida constitutions. Thus, Wax argues that the decision violates Florida Statutes section 120.68(7)(e)3.-4.2
We affirm for several reasons. First, permanent revocation was clearly a...
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