nn anal LA - 1335 fl fa 2 _— . STATE OF FLORIDA _ EDUCATION PRACTICES COMMISSION . TOM GALLAGHER, as Commissioner of Education, Petitioner, VS. CASE NO. 978-1941-M ERIC L. STEPHEN, Respondent. ; : / _ ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Eric L. Stephen. The Petitioner seeks the apprcpriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 23 1.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificete 343953, covering the area of Technical Art, which is valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was emp oyed as a Industrial Art teacher at South Miami Middle School, in the Miami-Dade County Schoo! District. MATERIAL ALLEGATIONS 3. During the 1997-1998 school year, Respondent acted it ‘appropriately toward his students when he used offensive language toward students by calling them naines, called students “gay” in front on his classmates, used racial epithets toward students, made fun of students with Hispanic backgrounds. Respondent generally created an uncomfortable environment in his classioom for several students that was not conducive to learning which embarrassed students in front of othe-s. 4. During the 1998-1999 school year, Respondent acter! inappropriately when he called a female student a ‘Whore’ and ‘Slut’, told a student she would never make any money at McDonald’s making hamburgers. Respondent implied that a female student’s breasts were as big as hamburgers, called the students ‘stupid’, and made a series of other statements to degra fe students and insult them in his SST A lt Hl ea I Eric L. Stephen Administrative Complaint Page 2 of 2 classes. On or about August 27, 1999, Respondent was suspended for thirty days from his position because of the district's investigation of the events noted above. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set fortt. herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set fort herein are in violation of Section 231.28(1)(A), Florida Statutes, in that Respondent, upon investigat on, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Frinciples of Professional Conduct for the Education Profession in Florida prescribed by State Board of E ducation. RULE VIOLATIONS COUNT 4: 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 effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. COUNT 5: The allegations of misconduct set forth rerein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent hes intentionally exposed a student to unnecessary embarrassment or disparagement. ; WHEREFORE, the Petitioner recommends that the Educat on Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections; 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restrictioii of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exce:d 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 622 day of , 2000. 628 SES ve Ge ah ek es neem _ blew TOMG. GHER, as Coinmissioner of Education, Sta'e of Florida Trea on em UNITED TEACHERS OF DADE: Law Department “fT IMMESSION Elizabeth duFresne Leslie A. Meek General Counsel G0 OCT | AscRiind COOral Counsel October 9, 2000 Ms. Kathleen Richards Education Practices Commission 325 West Gaines Street Turlington Bldg. Room 224-E Tallahassee, FL. 32399-0400 Re: Tom Gallagher, as Commissioner of Education vs Eric Stephens Case No.: 978-1941-M Dear Ms. Richards: Please find enclosed three letters of support for your consideration in the above noted matter. I ask that these documents be included in the file that is sent to the Education Practices Commission when this case is heard. Thank you for your assistance in this matter. van Leslie A. Meek General Counsel LAM/acl ce: Carl Zahner, II, Esquire w/enclosures FAUSR\RACHELE\CLIENTFL\STEPHEM\SUPPORT.doc 2929 SW 3rd Avenue (Coral Way) @ Miami, Florida 33129 (805) 854-3040 FAX (305) 858-5348 a Se a oe oe Pome rper eee rere bo pope ans aiid oe MIAMI-DADE COUNTY PUBLIC SCHOOL®) ocr 13 py 9, 6°’. SOUTH MIAMI MIDDLE COMMUNITY SCHOOL La OO.” CENTER FOR THE ARTS ; COLLEEN DEL TERZO NEYDA NAVARRO ROGER CUEVAS , cates PRINCIPAL REGION SUPERINTENDENT SUPERINTENDENT © September 26, 2000 TO WHOM IT MAY CONCERN: Thave had the pleasure of working with Mr. Eric Stephen, vocational :ducation teacher, since my appointment to South Miami Middle Community School in August 1999. After Mr. Stephen returned from his thirty-day suspension on October 21,1999, he resumed his previous teaching duties in the vocational program. For the remainder of the 1999-2000 school year, Mr. Stephen displayed all the competencies required by the Miami-Dade County teachers’ evaluation system. I hai the opportunity to visit his classes often throughout the year and the students were always actively engaged in their assigned activities. They took great pride in their work and would eagerly share their projects with me. Mr. Stephen was very vigilant about safety precautions in his class and emphasized compliance with all established rules and procedures. ’ Mr. Stephen definitely proved that he is very much a team player. He is always willing to help with class coverage, sometimes on a daily basis, during his free periods. In the mornings and afternoons, ‘he is very visible in his hall way assisting with student supervision. His most significant “contribution was the community service project that he coordinated and accomplished with his ‘eighth grade class.- Since there was no seating for students in the bus pick up area, his students built and installed eight four-foot wooden benches along the walk way of the bus area. They also landscaped the area with sixty plants, which created a hedge along the side of the main building. These projects have made a tremendous difference to the presentation of the school and added an amenity for our students. For the 2000-2001 school year, Mr. Stephen continues to be supportiv: of the administration and challenges his students to achieve in his vocational program. Sincerely, Colleen Del Terzo Principal : creo ages pe Oa MH aCe Se Se ltl cs le SON a Mi Ml hdl li A Ci ik ita » a, ae odie. "September 26, 2000. In. ' The Honorable Tom Gallagher Commissioner, Florida Department of Education 325 West Gaines Street, Room 224F Tallahassee, Fl 332399.0400 --Re: tic Stephen 078-1941-m_ ~ Dear Mr. Gallagher. South Miami Niddle Schoo! 6750 S.W. 60-h St. Miami, Fl 331.3 ‘twith unprofessionat conduct. i a Willie Garrett 02 APR - ah September 28, 2000 The Honorable Tom Gallagher Commissioner, Florida Department of Education — 325 West Gaines Street, Room 224E Tallahassee, Fl 332399-0400 Re: Eric Stephen 978-1941-m Dear Mr. Gallagher: | am writing this letter to render my support to Mr. Eric Stephen, Technology Education Teacher at South Miami Middle School. As the Occupational Specialist here, | have known and worked with Eric the last twenty-eight years. He is a tremendous asset to our school. He displays himself as an exemplary member of our faculty and an industrious professional. He puts forth maximum effort forthe betterment of the children we serve. His dedication to education is obvious when both students and teachers here at school acknowledge his undying devotion. When this school year started, Eric’s outlook was extremely positive; he thought all his problems were behind him. After all, he had already served a thirty day suspension for allegations that were never substantiated. To my knowledge, no one ever investigated these allegations thoroughly. How can you be suspended twice for the same allegations? Now his outlook is cloudy. | ask you to reconsider the state’s current settlement in this case. | am confident, with further review, you will find that Mr. Eric Stephen is being falsely accused. Your consideration in this matter would be greatly appreciated. Respectfully yours: Willie Garrett Occupational Specialist _ LAW DEPARTMENT LOM - 09 DEC zdp0 RN 3tuk6 Avenue LESLIE A. MEEK GENERAL COUNSEL MIAMI, FLORIDA’33129 TELEPHONE: (305) 854-3040 LISA N. PEARSON FACSIMILE: (305) 858-5348 ASSISTANT GENERAL COUNSEL. November 28, 2000 Ms. Kathleen Richards Education Practices Commission 325 West Gaines Street Turlington Bldg. Room 224-E Tallahassee, FL. 32399-0400 Re: Tom Gallagher, as Commissioner of Education vs lZric Stephens Case No.: 978-1941-M Dear Ms. Richards: Please find enclosed two letters of support and a certificete of appreciation for your consideration in the above noted matter. I ask that these documents be included in the file that is sent to the Education Practices Commission when this case is heard. Thank you for your assistance in this matter. Sinéérely, Wht Leslie A. Meek LAM/acl ce: Carl Zahner, II, Esquire w/enclosures W:\Rachele\CLIENTFL\STEPHEN\support2.doc 11/13/00 The Honorable Tom Gallagher Commissioner, Florida Department of Education . 325 West Gaines Street - Room 224E~" Tallahassee, Florida 332399-0400 Re: Eric Stephen/978-1941-m Dear Mr. Gallagher: 1 am writing this letter to show support for Mr. Eric Stepien. I have worked with Mr. Stephen since the fall of 1990. I have found him to be an extremely talented, helpful , and well-liked teacher. The projects his students produce are both creative and practical, Frankly, I do not understand the charges against him. Several years ago I sponsored a Renaissance Fair at South Miami Middle School. Mr. Stephen helped my students create materials for the live chess match we planned. ’ In addition, Mr. Stephen played an active role in our School-Based Management/Shared Decision-Making format at South Miami Middle School. During the tenure of our previous administration, the SB.VI/SDM process disappeared. We no longer had a coordinating council or budget committee! While I personally had a pleasant relationship with the previous principal, I understood that others did not. There was a prevailing situation of fear present. Many teachers knew that it was not “safe” to ‘be seen talking with Mr. Stephen and others on the “suspect” list. At the same time there were other teachers in a _ “protective” status, some of whom never showed up for meetings or taught required course work. Eric Stephen is a fine teacher, Mr. Gallagher. Please help him. Sincerely, Claie £. Claire E. Greenberg Social Studies Department Chairperson HEE Warren Bogle ‘ Athletic Director Physical Education Teacher South Miami Middle School 6750 S.W..60™ Street Miami, Fl. 33143 October 26, 2000 The Honorable Tom Gallagher Re: Eric Stephen/978-1941-m Commissioner, Florida Department of Education 325 West Gaines Street, Room 224E Tallahassee, Fl. 332399-0400 Dear Mr. Gallagher, This letter is coming to you to show support of Mr. Eric Stephen the Technology Education Teacher at South Miami Middle School. As Athleti> Director at South Miami Middle School I have had the opportunity to work with Eric for the past 28 years. Eric has proven to be an exemplary teacher and coach during this time and has performed his duties in and out of the classroom in an excellent manner. “le has always been available to serve in support capacities around the school. He ‘was elected to the Faculty Leadership Team (Coordinating Council), has assisted in planr ing the yearly budget, and his Technology Education Club under his direction, has added many beneficial features to the school grounds. All of his activities have been performed with the best interests of the students in mind. Personally I feel that Eric was treated unprofesionally by Dr. C aniels and was the brunt of unfair criticism on a regular basis. This was obvious to the najority of the staff at South Miami Middle School. Under these stressful conditions, Eric still performed his various duties with professionalism and concern for his students. He should be commended for his dedication to his profession. Thope that you will consider a re-evaluation of Eric’s case. It is not often in this day and age that we find a teacher with Eric’s dedication and professionalism. He deserves your . personal attention in this matter. Thank you for your time and consideration. Sincerely, Warren F. Bogle Richards, Kathleen EE Se ae eS From: Stowers, Ron Sent: Wednesday, March 27, 2002 9:56 AM - To: Richards, Kathleen; Odom, Tamara; Stowers, F.on Subject: whitelock formals ; PE Importance: High kr-- charles whitelock has requested the following 23 cases be sent to doah for formal hearing. chuck will be representing the department in these cases. you do not have to send all of them at once anc itis ok to streach out their delivery to doah over the next 2 to 3 weeks. thanx. robert alonso genear brown isabelle camille donovan collins robert cooper ivy dominguez gloria forbes ellen goldberg charles harris monica hernandez henry hill sharon horn terrance jett steven kaye gretchen marsh mary mcelrath andrew petter charles redler . harry rolle lynne rushing eric stephens devon tyson reginald white

Docket for Case No: 02-001382PL