Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: GERALD KERSENBROCK
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Deland, Florida
Filed: Jul. 15, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 22, 2003.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
CHARLIE CRIST, as )
Commissioner of Education, )
) Case No. 990-15832M
Petitioner, ) ‘,
) DOAH Case#?. * *
vs. ) ae or
) O*® DSS | PL ,
GERALD KERSENBROCK, ) a
) ®
Respondent. )
)
ADMINISTRATIVE COMPLAINT
Petitioner, Charlie Christ, as Commissioner of Education, by and through his undersigned
counsel, hereby files this, his Administrative Complaint, against Gerald Kersenbrock. The
Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate
pursuant to Sections 231.2615 and 231.262, Florida Statutes, and pursuant to Rule 6B-!.006,
Florida Administrative Code, which contains the Principles of Professional Conduct for the
) Education Profession in Florida, said sanctions more specifically set forth in Sections
231.2615(1) and 231.262(6), Florida Statutes.
JURISDICTION
1. Respondent holds Florida Educator’s Certificate 738286, covering the area of
School Social Worker, which is valid through June 30, 2001.
2. Since 1994, Respondent has been employed as a Social Worker at Student
Services, in the Volusia County School District.
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MATERIAL ALLEGATIONS
3. While working as a licensed marriage and family counselor in California from
1983 through 1990, Respondent abused no less than three female clients by having sexual
relations with them in the guise of therapy. Respondent fondled, kissed, hugged and had oral sex
and sexual intercourse with his clients. On or about May 11, 1990, the Board of Behavioral
Sciences examiners brought a case against Respondent because of his sexual abuse of a client,
AE., in 1984 and-1985. The case resulted in Respondent’s agreement to voluntarily surrender
his marriage, family and child license in California.
4. During the course of a civil suit stemming from Respondent’s sexual activity with
his client, A.E., Respondent testified falsely while under oath.
5. When completing his application for a teaching certificate with the Department of
Education, Respondent failed to disclose his conduct in California. Additionally, Respondent
provided false information on his application for a teaching position with the Volusia County
School District.
STATUTORY VIOLATIONS
Count I; The Respondent is in violation of Section 231 -17(2)(e), Florida Statutes,
which requires that a holder of a Florida Educator’s Certificate be of good and moral character.
Count II: The Respondent is in violation of Section 231 .2615(1)(a), Florida Statutes,
in that Respondent has obtained a teaching certificate by fraudulent means.
Count III: The Respondent is 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.
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CountIV: The Respondent is in violation of Section 231.2615(f, Florida Statutes, in
that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the district school board.
Count V: The Respondent is in violation of Section 231.2615(1)(i), Florida Statutes,
in that Respondent has violated the Principles of Professional Conduct for the Education
Profession prescribed by the State Board of Education Rules.
RULE VIOLATIONS
Count VI: — 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.
Count VII: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent
information on a document in connection with his professional activities.
Count VII: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(i), Florida Administrative Code, in that Respondent has made fraudulent statements
and/or failed to disclose material facts on his application for a professional position.
WHEREFORE, Petitioner recommends that the Education Practices Commission impose
an appropriate penalty pursuant to the authority provided in Sections 231 .2615(1) and
231.262(6), Florida Statutes, which penalty may include a reprimand, probation, restriction of
the authorized scope of the practice, administrative fine, suspension of the Teaching Certificate
not to exceed three years, permanent revocation of the Teaching Certificate, or a 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 part hereof by reference.
Executed this_ 28 day of Mirch. 2001.
Charlie Crist
Commissioner of Education
State of Florida
Docket for Case No: 03-002551PL
Issue Date |
Proceedings |
Oct. 22, 2003 |
Order Closing File. CASE CLOSED.
|
Oct. 20, 2003 |
Notice of Settlement (filed by R. Sickles via facsimile).
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Sep. 18, 2003 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by October 20, 2003).
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Sep. 15, 2003 |
Petitioner`s Motion for Extension of Time Within Which to File Discovery Responses (filed via facsimile).
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Sep. 15, 2003 |
Joint Motion to Hold the Matter in Abeyance (filed via facsimile).
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Sep. 12, 2003 |
Petitioner`s Motion for Protective Order (filed via facsimile).
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Sep. 10, 2003 |
Order. (the motion to dismiss or strike the administrative complaint is denied)
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Sep. 10, 2003 |
Order. (Petitioner shall make available the opportunity for Respondent and his attorney to participate in the San Diego, California, video-depositions by telephone from their Florida locations; Petitioner shall arrange to conclude the California video-depositions on September 16, 2003; Petitioner based upon further notice provided Respondent may conduct Respondent`s deposition on September 19, 2003)
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Sep. 10, 2003 |
Order. (the motion to continue hearing from its present date(s) until a date after December 1, 2003, is denied)
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Sep. 10, 2003 |
Respondent`s Notice of Reliance (filed via facsimile).
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Sep. 10, 2003 |
Petitioner`s Response to Respondent`s Motion to Protective Order Preventing Deposition of Respondent (filed via facsimile).
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Sep. 09, 2003 |
Petitioner`s Response in Oppostion to Respondent`s Motion for Continuance and For Rescheduling of Final Hearing (filed via facsimile).
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Sep. 09, 2003 |
Notice of Hearing (filed by R. Caleen, Jr via facsimile).
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Sep. 09, 2003 |
Respondent`s Motion for Protective Order Postponing Deposition of Respondent (filed via facsimile).
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Sep. 09, 2003 |
Notice of Taking Deposition (G. Kersenbrock) filed via facsimile.
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Sep. 08, 2003 |
Respondent`s Motion for Protective Order (filed via facsimile).
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Sep. 05, 2003 |
Notice of Taking Video Depositions (S. Ertel, M. Riemersma, D. Rey and J. Rey) filed via facsimile.
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Sep. 04, 2003 |
Respondent`s Motion for Continuance and for Rescheduling of Final Hearing filed.
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Sep. 04, 2003 |
Respondent`s Motion for Leave to File a Reply filed.
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Sep. 03, 2003 |
Petitioner`s Response to Respondent`s Motion to Dismiss and/or Strike Petitioner`s Administrative Complaint (filed via facsimile).
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Aug. 29, 2003 |
Respondent`s Notice of Taking Rule 1.310(b)(6) Deposition Duces Tecum (Person with most knowledgeable and most competent to testify concerning the basis for the Petitioner`s determination of "probable cause") filed via facsimile).
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Aug. 28, 2003 |
Order. (the motion to extend for filing a response to the pending motion to dismiss or strike is granted; the deadline for filing a response is September 3, 2003)
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Aug. 27, 2003 |
Petitioner`s Amended Motion for Extension of Time to Respond to Respondent`s Motion to Dismiss (filed via facsimile).
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Aug. 26, 2003 |
Petitioner`s Motion for Extension of Time to Respond to Respondent`s Motion to Dismiss (filed via facsimile).
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Aug. 18, 2003 |
Respondent`s Motion to Dismiss or Strike Administrative Complaint filed.
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Aug. 15, 2003 |
Respondent`s First Request for Admissions (filed via facsimile).
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Aug. 14, 2003 |
Respondent`s First Request for Production of Documents (filed via facsimile).
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Aug. 14, 2003 |
Notice of Service of Respondent`s First Set of Interrogatories to Petitioner (filed via facsimile).
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Aug. 08, 2003 |
Order (Motion to abate is denied; requests for damages and attorney`s fees associated with the motion are denied).
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Aug. 06, 2003 |
Order (instructions regarding Respondent`s move for leave to file a motion to dismiss, to strike portions or otherwise respond to the appropriate administrative complaint; this case shall proceed on the bases of the administrative complaint 990-1583-M, dated March 28, 2001; on or before August 18, 2003, Respondent may file a motion directed to the proriety of proceedings to hearing given the delay in transmittal).
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Aug. 05, 2003 |
Response to Respondent`s Motion to Dismiss and Strike Portions of Administrative Complaint (filed by Petitioner via facsimile).
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Aug. 05, 2003 |
Amended Notice of Hearing (hearing set for September 29 through October 1, 2003; 10:00 a.m.; Deland, FL, amended as to Issue and Style).
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Aug. 05, 2003 |
Order of Pre-hearing Instructions.
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Aug. 05, 2003 |
Notice of Hearing (hearing set for September 29 through October 1, 2003; 10:00 a.m.; Deland, FL).
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Jul. 31, 2003 |
Respondent`s Motion for Order Abating Proceedings (filed via facsimile).
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Jul. 31, 2003 |
Letter to R. Caleen, Jr. from K. Richards replying to letter of July 18, 2003, regarding concerns that the Commission transmitted the wrong Administrative Complaint to the Division of Administrative Hearings filed.
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Jul. 28, 2003 |
Respondent`s Motion for Directions to Designate the Charging Complaint, and for Leave to File Motion to Dismiss and Strike Portions of Administrative Complaint and Otherwise Respond filed.
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Jul. 22, 2003 |
Joint Response to Court`s Initial Order (filed by R. Sickles via facsimile).
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Jul. 15, 2003 |
Administrative Complaint filed.
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Jul. 15, 2003 |
Election of Rights filed.
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Jul. 15, 2003 |
Agency referral filed.
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Jul. 15, 2003 |
Initial Order.
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