Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: JOHN E. VAN HORN
Judges: DANIEL M. KILBRIDE
Agency: Department of Education
Locations: Bartow, Florida
Filed: Feb. 18, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 13, 2003.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
CHARLIE CRIST, as
Commissioner of Education,
Petitioner,
YS. : CASE NO. 001-0807-M
JOHN £. VAN HORN, O3Z-O56OPL
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative
Complaint against John E. Van Hom. The Petitioner seeks the appropriate disciplinary sanction
of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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
231.262(6) and 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. * The Respondent holds Florida Educator’s Certificate 803648, covering the area of
History, which is valid through June 30, 2002. :
2. At all times pertinent hereto, the Respondent was employed as a Social Studies
Teacher at Kathleen High School in the Polk County School District.
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JOHN E. VAN HORN
Administrative Complaint
Page 2 of 3
MATERIAL ALLEGATIONS
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3. During the fall of 2000, Respondent engaged in an inappropriate relationship with |
S.B., a 16-year-old, female student. On at least two occasions, October 14 and 15, 2000, S.B.
visited Respondent at his home. On or about October 15, 2000, Respondent kissed S.B. on her
lips without permission. Respondent lied under oath to law enforcement officers, when
questioned about whether S.B. had been to his home. On or about October 20, 2000, school
district officials placed Respondent on administrative leave with pay pending an investigation of
the allegations. On or about October 31, 2000, Respondent’s principal issued him a letter of
reprimand for his conduct. Respondent was then returned to work, but restricted from working
with the band program. On or about November 21, 2000, school district officials notified
Respondent of his transfer to a non-teaching position at the district’s transportation division
effective November 27, 2000. On or about May 22, 2001, school district officials elected not to
renew Respondent’s contract.
STATUTORY VIOLATIONS
COUNT 1: The allegations of misconduct set forth herein are in violation of Section
231.2615(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 forth herein are in violation of Section
231.2615(1)(i), 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 3: 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 4: 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 student
to unnecessary embarrassment or disparagement.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings. ,
JOHN E. VAN HORN
Administrative Complaint
Page 3 of 3
WHEREFORE, the Petitioner recommends that the Education Practices Commission
impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and
231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of .
the authorized scope of practice, administrative fine, suspension of the teaching certificate 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 onthis_ /2_ dayor Fe Arua ry , 2002.
. ( A f
Charlie Crist, as
Commissioner of Education,
State of Florida
Docket for Case No: 03-000560PL
Issue Date |
Proceedings |
Jun. 05, 2003 |
Subpoena ad Testificandum (17), M. Simmons, C. Patton, B. Vickers, J. Harter, J. Golden, D. Stinson, J. Baldwin, S. Baldwin, T. Darby, L. Stroud, A. Martin, M. Ortiz, R. Mistretta, J. Van Horn, K. Crawford, D. McDonald, J. Carter filed.
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Jun. 05, 2003 |
Affidavit of Service (19) filed. |
Jun. 05, 2003 |
Notice of Filing filed by K. Holbrook.
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May 19, 2003 |
Subpoena ad Testificandum, S. Nulph filed.
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May 19, 2003 |
Return of Service filed. |
May 19, 2003 |
Subpoena Duces Tecum, D. McDonald filed. |
May 16, 2003 |
Subpoena ad Testificandum (2), L. Alvarez, J. Parker filed.
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May 16, 2003 |
Return of Service filed. |
May 13, 2003 |
Order Closing File issued. CASE CLOSED.
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May 12, 2003 |
Notice of Settlement (filed by Petitioner via facsimile).
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May 05, 2003 |
Joint Pre-hearing Stipulation filed.
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Apr. 24, 2003 |
Subpoena ad Testificandum (9), C. Patton, B. Vickers, J. Harter, J. Golden, S. Nulph, J. Parker, J. Van Horn, R. Mistretta, M. Ortiz filed via facsimile.
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Apr. 24, 2003 |
Subpoena Duces Tecum, Polk County Sheriff`s Office Records Custodian filed via facsimile.
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Apr. 24, 2003 |
Notice of Filing (filed by Petitioner via facsimile).
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Apr. 24, 2003 |
Affidavit of Service (10) (filed via facsimile). |
Apr. 21, 2003 |
Subpoena Duces Tecum, Verizon Wireless filed via facsimile.
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Apr. 16, 2003 |
Request for Copies (filed by Petitioner via facsimile).
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Mar. 28, 2003 |
Respondent`s Witness List (filed via facsimile).
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Mar. 28, 2003 |
Notice of Service of Response to Petitioner`s Interrogatories and Request for Production (filed by Respondent via facsimile).
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Mar. 28, 2003 |
Petitioner`s Privilege Log (filed via facsimile).
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Mar. 28, 2003 |
Petitioner`s Response to Respondent`s First Request for Production (filed via facsimile).
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Mar. 25, 2003 |
Notice of Taking Depositions (2), C. Patton, B. Vickers, J, Harter, J. Golden, S. Nulph, M. Ortiz, J. Parker, J. Van Horn, R. Mistretta, J. E. Van Horn (filed by Petitioner via facsimile).
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Mar. 21, 2003 |
Respondent`s Response to Request for Admissions (filed via facsimile).
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Mar. 18, 2003 |
Subpoena Duces Tecum, Polk County Sheriff`s Office Records Custodian filed via facsimile.
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Mar. 18, 2003 |
Notice of Production from Non-Party (filed by K. Holbrook via facsimile).
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Mar. 17, 2003 |
Notice of Production of Non-Party (filed by Petitioner via facsimile).
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Feb. 28, 2003 |
Notice of Hearing issued (hearing set for May 14, 2003; 9:00 a.m.; Bartow, FL).
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Feb. 28, 2003 |
Order of Pre-hearing Instructions issued.
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Feb. 27, 2003 |
Respondent`s Notice of Service of Interrogatories and Request for Production of Documents (filed via facsimile).
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Feb. 26, 2003 |
Joint Response to Court`s Initial Order (filed via facsimile).
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Feb. 21, 2003 |
Notice of Serving Interrogatories (filed by Petitioner via facsimile).
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Feb. 21, 2003 |
Petitioner`s Request for Production (filed via facsimile).
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Feb. 21, 2003 |
Request for Admissions (filed by Petitioner via facsimile).
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Feb. 21, 2003 |
Notice of Appearance (filed by K. Holbrook via facsimile).
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Feb. 19, 2003 |
Initial Order issued.
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Feb. 18, 2003 |
Election of Rights filed.
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Feb. 18, 2003 |
Administrative Complaint filed.
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Feb. 18, 2003 |
Agency referral filed.
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Return of Service filed. |
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Return of Service filed. |