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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs JOHN E. VAN HORN, 03-000560PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000560PL Visitors: 12
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: Jun. 15, 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. een es pa A EE RE PP A EIEN ES RAR, SEE OS SS Oe een See ar ee cae JOHN E. VAN HORN Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS n 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.
Jun. 05, 2003 Affidavit of Service (19) filed.
Jun. 05, 2003 Notice of Filing filed by K. Holbrook.
May 19, 2003 Subpoena ad Testificandum, S. Nulph filed.
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.
May 16, 2003 Return of Service filed.
May 13, 2003 Order Closing File issued. CASE CLOSED.
May 12, 2003 Notice of Settlement (filed by Petitioner via facsimile).
May 05, 2003 Joint Pre-hearing Stipulation filed.
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.
Apr. 24, 2003 Subpoena Duces Tecum, Polk County Sheriff`s Office Records Custodian filed via facsimile.
Apr. 24, 2003 Notice of Filing (filed by Petitioner via facsimile).
Apr. 24, 2003 Affidavit of Service (10) (filed via facsimile).
Apr. 21, 2003 Subpoena Duces Tecum, Verizon Wireless filed via facsimile.
Apr. 16, 2003 Request for Copies (filed by Petitioner via facsimile).
Mar. 28, 2003 Respondent`s Witness List (filed via facsimile).
Mar. 28, 2003 Notice of Service of Response to Petitioner`s Interrogatories and Request for Production (filed by Respondent via facsimile).
Mar. 28, 2003 Petitioner`s Privilege Log (filed via facsimile).
Mar. 28, 2003 Petitioner`s Response to Respondent`s First Request for Production (filed via facsimile).
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).
Mar. 21, 2003 Respondent`s Response to Request for Admissions (filed via facsimile).
Mar. 18, 2003 Subpoena Duces Tecum, Polk County Sheriff`s Office Records Custodian filed via facsimile.
Mar. 18, 2003 Notice of Production from Non-Party (filed by K. Holbrook via facsimile).
Mar. 17, 2003 Notice of Production of Non-Party (filed by Petitioner via facsimile).
Feb. 28, 2003 Notice of Hearing issued (hearing set for May 14, 2003; 9:00 a.m.; Bartow, FL).
Feb. 28, 2003 Order of Pre-hearing Instructions issued.
Feb. 27, 2003 Respondent`s Notice of Service of Interrogatories and Request for Production of Documents (filed via facsimile).
Feb. 26, 2003 Joint Response to Court`s Initial Order (filed via facsimile).
Feb. 21, 2003 Notice of Serving Interrogatories (filed by Petitioner via facsimile).
Feb. 21, 2003 Petitioner`s Request for Production (filed via facsimile).
Feb. 21, 2003 Request for Admissions (filed by Petitioner via facsimile).
Feb. 21, 2003 Notice of Appearance (filed by K. Holbrook via facsimile).
Feb. 19, 2003 Initial Order issued.
Feb. 18, 2003 Election of Rights filed.
Feb. 18, 2003 Administrative Complaint filed.
Feb. 18, 2003 Agency referral filed.
Return of Service filed.
Return of Service filed.
Source:  Florida - Division of Administrative Hearings

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