STATE OF NORTH CAROLINA - NC



STATE OF NORTH CAROLINA

COUNTY OF FORSYTH |IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

09 EDC 06818 | |

| | |

|Ralph David Surridge |) |

|Petitioner, |) |

| |) |

|v. |) DECISION |

| |) |

|North Carolina Board of Education |) |

|June Atkinson, Superintendent of Public |) |

|Instruction |) |

|Respondent. |) |

THIS MATTER COMING ON TO BE HEARD on Respondent’s Motion for Summary Judgment before Administrative Law Judge J. Randall May.

APPEARANCES

For the Petitioner: Ralph David Surridge, pro se

201 N. Church Street

Winston-Salem, North Carolina 27101

For the Respondent: Laura E. Crumpler

Assistant Attorney General

North Carolina Department of Justice

P.O. Box 629

Raleigh, North Carolina 27602

FINDINGS OF FACT

1. Petitioner was originally granted a North Carolina teaching license in 1974, which expired in 1978. In 2003, Petitioner applied to validate his expired North Carolina teaching license and on the application, he indicated that he had never been convicted of a crime. He was reissued a teaching license in 2003 and began employment with Winston-Salem Forsyth County Schools during the 2003-2009 school years as a drama teacher. In 2006, Petitioner completed the renewal form for his teaching license and again indicated that he had never been convicted of a crime.

2. In October 2009, during Petitioner’s arrest for another crime, it was discovered that in 1984, Petitioner had been convicted of the following crimes: Nine (9) counts of Forgery and Uttering and One (1) count of Embezzlement, for which he served six (6) months in jail.

3. Based on the criminal charges and convictions, the failure to disclose, and a determination of reasonable cause, the State Superintendent initiated revocation of Petitioner’s teaching license.

4. Petitioner filed a Petition challenging the Superintendent’s initiation of revocation proceedings.

5. On or about October 16, 2009, Ralph David Surridge was arrested by the Forsyth County Sheriff and was charged with one (1) count of Statutory Sex Offense; one (1) count of Sex Offense with a Student; five (5) counts of Indecent Liberties with a Child; and three (3) counts of Indecent Liberties with a Student.

6. On November 29, 2011, Petitioner pleaded guilty in Forsyth County Superior Court to ten (10) counts of taking indecent liberties with a child; eight (8) counts of taking indecent liberties with a student; and one count of possession of a firearm by a felon.

7. Surridge was sentenced to between ten (10) and twelve (12) years imprisonment and, when released, he will have to register as a sex offender for 30 years.

8. The State Board of Education may revoke or deny a teaching license for conviction of a crime, including a plea of guilty to a crime, if there is a reasonable adverse relationship between the underlying crime and the continuing ability of the person to perform any of his/her professional functions in an effective manner. 16 N.C.A.C. 6C.0312(a)(3). The State Board of Education may also revoke or deny a teaching license for any illegal, unethical, or lascivious conduct if there is an adverse relationship between that conduct and the continuing ability of the person to be an effective teacher. 16 N.C.A.C. 6 C.0312(a)(8).

9. There is no dispute in this case regarding Petitioner’s prior convictions for forgery and uttering and embezzlement. Furthermore, there is no dispute regarding Petitioner’s much publicized arrest in the fall of 2009, and his guilty plea in November 2011 for heinous crimes involving sex with students. Petitioner has been sentenced to between 10-12 years imprisonment because of his convictions and will be required to register as a sex offender as by law provided.

10. Pursuant to G.S. 11SC-296(d)(2), the State Board of Education shall automatically revoke the teaching license of any individual convicted of certain enumerated crimes, including taking indecent liberties with a child and taking indecent liberties with a student.

CONCLUSIONS OF LAW

1. Teachers are required in this State, both by Rule and by case law, to maintain the highest level of ethical and moral standards, and to serve as a positive role model for children. 16 N.C.A.C. 6C.0602(b)(2); Faulkner v. New Bern-Craven Board of Education, 311 N.C. 42, 316 S.E.2d 281 (1984).

2. As our Supreme Court observed in Faulkner:

Our inquiry focuses on the intent of the legislature

with specific application to teachers who are entrusted

with the care of small children and adolescents.

We do not hesitate to conclude that these men

and women are intended by parents, citizenry,

and lawmakers alike to serve as good examples

for their young charges. The character and conduct

may be expected to be above those of the average

individual not working in so sensitive a relationship

as that of teacher to pupil. It is not inappropriate

or unreasonable to hold our teachers to a higher

standard of personal conduct, given the youthful

ideas that are supposed to foster and elevate.

(emphasis added)

Id.

3. Petitioner’s convictions for the sex offenses, and Petitioner’s prior convictions for forgery and embezzlement, in addition to his having lied on his application concerning those convictions, are more than sufficient to support the decision to revoke his teaching license.

4. Petitioner’s conduct clearly does not rise to the level expected and demanded of public school teachers in this State; and there is clearly an adverse relationship between his conduct and his ability to continue to perform his duties in a professional effective manner.

5. Additionally, pursuant to G.S. 115C-296(d)(2), Petitioner’s license would be subject to automatic revocation because of his conviction for taking indecent liberties with a minor and for taking indecent liberties with a student.

6. Respondent did not act arbitrarily or capriciously in revoking Petitioner’s license to teach in North Carolina.

7. Respondent did not and has not unlawfully deprived Petitioner of any property to which he is untitled.

8. Respondent has not prejudiced the right of Petitioner; exceeded its authority; acted erroneously; failed to use proper procedure; or failed to act lawfully.

BASED ON THE FOREGOING, the undersigned makes the following:

DECISION

Respondent properly initiated the revocation of Petitioner’s license to teach, and the State Board of Education should enter a final decision revoking Petitioner’s teaching license and any other applicable sanctions in conformity therewith.

ORDER

It is hereby ordered that the agency serve a copy of the final decision in the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh NC 27699-6714, in accordance with the North Carolina General Statutes 150B-36(b).

NOTICE

The decision of the Administrative Law Judge in this contested case will be reviewed by the agency making the final decision according to the standards found in G.S. 150B-36(b), (b1), and (b2). The agency making the final decision is required to give each party an opportunity to file exceptions to the decision of the Administrative Law Judge and to present written arguments to those in the agency who will make the final decision. G.S. 150B-36(a). The agency that will make the final decision in this contested case is the North Carolina State Board of Education.

This the 26th day of January, 2012.

_______________________________

J. Randall May

Administrative Law Judge

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