Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: THOMAS D. LINDEMANN
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Lakeland, Florida
Filed: Jul. 15, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 19, 2003.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
JIM HORNE, as
Commissioner of Education,
Petitioner, D>: 2D St PL
vs. CASE NO. 001-2106-M
THOMAS D. LINDEMANN,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Jim Hore, as Commissioner of Education, files this Administrative Complaint
against THOMAS D. LINDEMANN. The Petitioner seeks the appropriate disciplinary sanction of
the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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
1012.795(1) and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 672854, covering the areas of
Mathernatics and Physical Education, which is valid through June 30, 2006.
2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher
at Crystal Lake Middle School, in the Polk County School District.
MATERIAL ALLEGATIONS
4
3. On or about April 19, 1999, the Respondent received a letter of reprimand from his
principal for inappropriate remarks made to a student.
4. On or about September 24, 1999, the Respondent received a letter of reprimand from
his principal for inappropriate remarks made to a student.
THOMAS D. LINDEMANN
Administrative Complaint
2 of 3
5. On or about November 17, 1999, the Respondent received a letter of reprimand from
his principal for inappropriate remarks to, and behavior with, students.
6. On or about March 10, 2000, the Respondent received a letter of reprimand from his
principal for using inappropriate, degrading language to his students.
7. On or about August 23, 2000, the Respondent received a letter ofreprimand from his
principal for offensive comments made to a parent and a colleague.
8. On or about September 28, 2000, the Respondent was suspended for four days
without pay by his Superintendent of Schools for inappropriate and derogatory remarks made to a
student.
9. Following his reinstatement in the 2000-2001 school year, the Respondent continued
to make inappropriate comments to his students which were embarrassing, disparaging, demeaning,
and derogatory. As a result the Respondent was terminated from his position of employment
effective August 1, 2001.
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
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 leaming and/or to the student’s mental health
and/or physical health and/or 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.
THOMAS D. LINDEMANN
Administrative Complaint
3 of 3
WHEREFORE, the Petitioner recommends that the Education Practices Commission
impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and
1012.796(7), 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 on this_cfO" day of Feblich 2003.
State of Florida
Docket for Case No: 03-002556PL
Issue Date |
Proceedings |
Sep. 19, 2003 |
Order Closing File. CASE CLOSED.
|
Sep. 16, 2003 |
Notice of Settlement (filed by Petitioner via facsimile).
|
Jul. 31, 2003 |
Notice of Hearing (hearing set for September 30 and October 1, 2003; 9:00 a.m.; Lakeland, FL).
|
Jul. 31, 2003 |
Order of Pre-hearing Instructions.
|
Jul. 23, 2003 |
Notice of Appearance (filed by A. Proulx, Esquire, via facsimile).
|
Jul. 23, 2003 |
Petitioner`s Response to Court`s Initial Order (filed via facsimile).
|
Jul. 15, 2003 |
Administrative Complaint filed.
|
Jul. 15, 2003 |
Election of Rights filed.
|
Jul. 15, 2003 |
Agency referral filed.
|
Jul. 15, 2003 |
Initial Order.
|