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JIM HORNE, AS COMMISSIONER OF EDUCATION vs IVAN G. WANSLEY, 04-000403PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-000403PL Visitors: 28
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).
May 25, 2004 (Proposed) Amended Order Denying Respondent`s Motion for Attorney`s Fees and Costs (filed via facsimile).
Apr. 28, 2004 Respondent`s Motion for Rehearing and/or Clarification (filed via facsimile).
Apr. 23, 2004 Order Closing File. CASE CLOSED.
Apr. 23, 2004 Order (Respondent`s Motion for Attorney Fees and Costs is denied).
Apr. 14, 2004 Petitioner`s Response to Respondent`s Motion for Costs and Attorney`s Fees and Objection to Voluntary Dismissal (filed via facsimile).
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).
Apr. 13, 2004 Respondent`s Motion for Attorney`s Fees and Costs (filed via facsimile).
Apr. 12, 2004 Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
Apr. 12, 2004 Order (Petitioner`s Motion to Amend Charging Document is denied).
Apr. 12, 2004 Respondent`s Motion in Limine (filed via facsimile).
Apr. 07, 2004 Petitioner`s Motion to Amend Charging Document (filed via facsimile).
Apr. 05, 2004 Notice of Reasons Amended Administrative Complaint (filed by Petitioner via facsimile).
Apr. 02, 2004 Petitioner`s Amendment to Witness and Exhibit List (filed via facsimile).
Apr. 01, 2004 Respondent`s Witness and Exhibit List (filed via facsimile).
Mar. 31, 2004 Amended Notice of Taking Depositions (J. Jacobs, P. Jacobs, L. Griffin, C. Long and B. Packard) filed via facsimile.
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).
Mar. 31, 2004 Petitioner`s Notice of Serving Unsworn Answers to First Interrogatories of Respondent (filed via facsimile).
Mar. 30, 2004 Notice of Taking Depositions (J. Jacobs, P. Jacobs, and B. Packard) filed via facsimile.
Feb. 17, 2004 Notice of Hearing (hearing set for April 15 and 16, 2004; 9:00 a.m.; Fort Myers, FL).
Feb. 17, 2004 Order of Pre-hearing Instructions.
Feb. 10, 2004 Response to Initial Order (filed via facsimile).
Feb. 04, 2004 Notice of Service of Respondent`s Interrogatories to Petitioner (filed via facsimile).
Feb. 04, 2004 Respondent`s Request for Production of Documents (filed via facsimile).
Feb. 03, 2004 Notice of Appearance filed.
Feb. 03, 2004 Election of Rights filed.
Feb. 03, 2004 Administrative Complaint filed.
Feb. 03, 2004 Agency referral filed.
Feb. 03, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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