Elawyers Elawyers
Massachusetts| Change

JIM HORNE, AS COMMISSIONER OF EDUCATION vs CHARLES D. BAGGLEMAN, 04-001031PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001031PL Visitors: 3
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: CHARLES D. BAGGLEMAN
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 23, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 3, 2004.

Latest Update: Jul. 07, 2024
Say FLORIDA DEPARTMENT OF EDU@ATION, OFep “iy, STATE BOARD OF EDUCATION De fos $/ Ju Horse ey Commissioner of Education F. PHitip Hapy, Chairman at ebony T. WitLarb Fair, Vire Chairman * cay ‘Just Read, Members / pflorida! Linpa J. Eaps, Ep.D. CHarces Patrick Garcia Jutta L. JouNson WILLIAM L. Proctor, PH.D. December 17, 2003 ° CERTIFIED MAIL Mr. Charles Baggleman RE: Finding of Probable Cause 2600 South University Drive\#207 Case No: 012-0865-V Davie, Florida 33328 SSN.” Dear Mr. Baggleman: 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 vears 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, he Jin Horn H:DAYy ENCLOSURES 325 W. GAINES STREET * SUITE 224-E + TALLAHASSeE, FL 32399-0400 + (850) 245-0438 + Fax 1850) 245-0621 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. Case Number: 012-0865-V CHARLES D. BAGGLEMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against CHARLES D. BAGGLEMAN. 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-1006, 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 604685, covering the area of Physical Education which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Special Instruction Teacher at North Miami Beach Senior School in the Dade County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, the Respondent engaged in an inappropriate relationship of a sexual nature with a minor female student. The Respondent kissed, fondled and engaged in oral sex with the student both on the school campus and in his car. CHARLES D. BAGGLEMAN Administrative Complaint Page 2 of 3 4. During the 2000-2001 school year, the Respondent permitted students to skip their regularly scheduled classes and remain in his internal suspension class. The Respondent also wrote passes for several students but did not list them on the internal suspension class daily roster for which he was responsible. STATUTE VIOLATIONS COUNT 1. The allegations of misconduct set forth herein are 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 allegations of misconduct set forth herein are in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3. The allegations of misconduct set forth herein are 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 4. The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(a), Florida Administrative Code, in that Respondent failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety. COUNT 5. The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(e), Florida Administrative Code, in that Respondent 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)(h), Florida Administrative Code, in that Respondent exploited a relationship with a student for personal gain or advantage. COUNT. 7. The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(4)(c) Florida Administrative Code, in that the Respondent used institutional privileges for personal gain or advantage. CHARLES D. BAGGLEMAN 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. . U Q EXECUTED on this _/ 7 “day of D4A2Cenrbor 2003. State of Florida

Docket for Case No: 04-001031PL
Issue Date Proceedings
Jun. 08, 2004 Memo to Judge Sartin from EPC cancelling the services of the court reporter (filed via facsimile).
Jun. 03, 2004 Order Granting, in part, Motion to enter a Proposed Recommended Order/Motion to Cancel Hearing/Motion to Relinquish Jurisdiction (undisputed facts).
May 13, 2004 Motion to Enter a Proposed Recommended Order/Motion to Cancel Hearing/Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 11, 2004 Order to Show Cause (Respondent shall respond to this order by May 26, 2004).
Apr. 29, 2004 Motion to Compel (filed by Petitioner via facsimile)
Apr. 29, 2004 Motion for Handwriting Exemplars (filed by Petitioner via facsimile).
Apr. 19, 2004 Order Granting Motion to Withdraw as Counsel of Record (Emily Moore, Esquire, may withdraw as Respondent`s counsel).
Apr. 06, 2004 Motion to Withdraw as Counsel of Record (filed by E. Moore via facsimile).
Apr. 01, 2004 Order of Pre-hearing Instructions.
Apr. 01, 2004 Notice of Hearing (hearing set for June 10 and 11, 2004; 9:30 a.m.; Miami, FL).
Mar. 31, 2004 Joint Response to Initial Order (filed by Petitioner via facsimile).
Mar. 23, 2004 Election of Rights filed.
Mar. 23, 2004 Notice of Appearance filed.
Mar. 23, 2004 Administrative Complaint filed.
Mar. 23, 2004 Agency referral filed.
Mar. 23, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer