Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: IVAN G. WANSLEY
Judges: FRED L. BUCKINE
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Feb. 03, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 23, 2004.
Latest Update: Nov. 18, 2024
FLORIDA DEPARTMENT OF EDUCATION
STATE BOARD OF EDUCATION v8 a a
Saino: 77
Commissfoner’ef Education”
F. PHILIP HANDY, Chairman iS kN 7
T. WILLARD FAiR, Vice Chairman ‘ust ies
Members Florida!
Linpa J. Eans, Ep.D.
CHARLES PATRICK GARCIA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
November 5, 2003 CERTIFIED MAIL
Mr. Ivan Wansley RE: Finding of Probable Cause
14411 Hanging Moss Circle, #202 Case No: -2333-S
Tampa, Florida 33613 ss \eiaimien
Dear Mr. Wansley:
Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037,
Florida Administrative Code (Rules of the State Board of Education), I find that probable cause
exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and
1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the
scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the
permanent revocation of your Educator Certificate.
An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should
you have any questions regarding this matter, contact the Office of Professional Practices Services,
Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438.
Please govern yourself accordingly.
Sincerely,
WU Horne
J orne
JH:DA;j
ENCLOSURES
325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 * (850) 245-0438 » Fax (850) 245-0621
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
JIM HORNE, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 012-2333-S
IVAN G. WANSLEY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against
IVAN G. WANSLEY. 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 44231 7, covering the area of Music,
which is valid through June 30, 2004.
2. Atall times pertinent hereto, the Respondent was employed as a Music Teacher at Cypress
Lake High School, in the Lee County School District.
MATERIAL ALLEGATIONS
3. On or about July 10, 1987, Respondent and the Commissioner of Education entered into
a deferred prosecution agreement concerning charges of an alleged romantic relationship with a minor
female student. (PPS Case Number 87722-T) As part of the agreement, Respondent was required to
submit to a psychiatric evaluation and was placed on probation for 2 years.
IVAN G. WANSLEY
Administrative Complaint
Page 2 of 3
4. Beginning in June 2001 and continuing through February 2002, Respondent engaged in
inappropriate conduct with several female students. This conduct included kissing the students on the
forehead, cheek, or hand (L.G., C.H. and J.J.) and licking the ear of at least one student (J.J.).
Respondent also made inappropriate comments to at least one student (L.V.) regarding her clothes and
he told J.J. on more than one occasion that he loved her. Respondent’s conduct made the girls
uncomfortable. On or about June 7, 2002, the school district issued Respondent a letter of reprimand for
these actions. On or about August 2, 2002, the superintendent notified Respondent that he would not be
recommended for appointment to a position for the 2002-2003 school year.
STATUTE VIOLATIONS
COUNT1: —TheRespondentis in violation of Section 101 2.795(1)(c), Florida Statutes, in that
Respondent has been guilty of gross immorality or an act involving moral turpitude.
COUNT2: —TheRespondentis in violation of Section 1012.795(1)(f), Florida Statutes, in that
Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an
employee of the school board.
COUNT 3: — The Respondent isin violation of Section 1 012.795(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 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 leaming and/or to the student’s mental health and/or physical
health and/or safety.
COUNTS: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a
student on the basis ofrace, color, religion, sex, age, national or ethnic origin, political beliefs, marital status,
handicapping condition, sexual orientation, or social and family background and shall make reasonable
effort to assure that each student is protected from harassment or discrimination.
IVAN G. WANSLEY
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 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 5% day of Pte teen. , 2003.
JIWHORNE, as
Commissioner of Education
State of Florida
Docket for Case No: 04-000403PL
Issue Date |
Proceedings |
Jun. 21, 2004 |
Letter to Judge Buckine from R. Coleman following up on the Amended Order Denying Respondent`s Motion for Attorney`s Fees and Costs filed on May 24, 2004 (filed via facsimile).
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May 25, 2004 |
(Proposed) Amended Order Denying Respondent`s Motion for Attorney`s Fees and Costs (filed via facsimile).
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Apr. 28, 2004 |
Respondent`s Motion for Rehearing and/or Clarification (filed via facsimile).
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Apr. 23, 2004 |
Order Closing File. CASE CLOSED.
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Apr. 23, 2004 |
Order (Respondent`s Motion for Attorney Fees and Costs is denied).
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Apr. 14, 2004 |
Petitioner`s Response to Respondent`s Motion for Costs and Attorney`s Fees and Objection to Voluntary Dismissal (filed via facsimile).
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Apr. 13, 2004 |
Respondent`s Objection to Petitioner`s Notice of Voluntary Dismissal without Prejudice and Demand for Issuance of Permanent Florida Educator`s Certificate (filed via facsimile).
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Apr. 13, 2004 |
Respondent`s Motion for Attorney`s Fees and Costs (filed via facsimile).
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Apr. 12, 2004 |
Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
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Apr. 12, 2004 |
Order (Petitioner`s Motion to Amend Charging Document is denied).
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Apr. 12, 2004 |
Respondent`s Motion in Limine (filed via facsimile).
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Apr. 07, 2004 |
Petitioner`s Motion to Amend Charging Document (filed via facsimile).
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Apr. 05, 2004 |
Notice of Reasons Amended Administrative Complaint (filed by Petitioner via facsimile).
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Apr. 02, 2004 |
Petitioner`s Amendment to Witness and Exhibit List (filed via facsimile).
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Apr. 01, 2004 |
Respondent`s Witness and Exhibit List (filed via facsimile).
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Mar. 31, 2004 |
Amended Notice of Taking Depositions (J. Jacobs, P. Jacobs, L. Griffin, C. Long and B. Packard) filed via facsimile.
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Mar. 31, 2004 |
Notice of Similar Act Evidence (filed by Petitioner via facsimile). |
Mar. 31, 2004 |
Petitioner`s Witness and Exhibit List (filed via facsimile). |
Mar. 31, 2004 |
Petitioner`s Response to Request for Production of Documents (filed via facsimile).
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Mar. 31, 2004 |
Petitioner`s Notice of Serving Unsworn Answers to First Interrogatories of Respondent (filed via facsimile).
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Mar. 30, 2004 |
Notice of Taking Depositions (J. Jacobs, P. Jacobs, and B. Packard) filed via facsimile.
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Feb. 17, 2004 |
Notice of Hearing (hearing set for April 15 and 16, 2004; 9:00 a.m.; Fort Myers, FL).
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Feb. 17, 2004 |
Order of Pre-hearing Instructions.
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Feb. 10, 2004 |
Response to Initial Order (filed via facsimile).
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Feb. 04, 2004 |
Notice of Service of Respondent`s Interrogatories to Petitioner (filed via facsimile).
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Feb. 04, 2004 |
Respondent`s Request for Production of Documents (filed via facsimile).
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Feb. 03, 2004 |
Notice of Appearance filed.
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Feb. 03, 2004 |
Election of Rights filed.
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Feb. 03, 2004 |
Administrative Complaint filed.
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Feb. 03, 2004 |
Agency referral filed.
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Feb. 03, 2004 |
Initial Order.
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