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JIM HORNE, AS COMMISSIONER OF EDUCATION vs WILLIAM J. HARRINGTON, III, 04-001143PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001143PL Visitors: 246
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM J. HARRINGTON, III
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 13, 2004.

Latest Update: Dec. 22, 2024
1S STATE BOARD OF EDUCATION . . o Jim Horne F. Puitip HANDY, Chairman 7 . Commissioner of Education * uae FAIR, Vice Chairman : ne Just Read embers Florida! Lespa J. Eaos, Ep.D. bas CHARLES PATRICK GaRCia Jutia L, JOHNSON WILLIAM L. PROCTOR, PH.D. LINDA K. TAYLOR March 10, 2004 CERTIFIED MAIL Mr. William Harrington, II RE: Finding of Probable Cause 251 Northeast 105th Street Case No: 023-2356-B Miami Shores, Florida 33138 SSNS Dear Mr. Harrington: 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, Jim Horne JH:DA:j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E » TALLAHASSEE, FL 32399-0400 + (850) 245-0438 + www. fldoe.org & STATE OF FLORIDA oP Oo EDUCATION PRACTICES COMMISSION _ pu, oe, oy, JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 023-2356-B WILLIAM J. HARRINGTON, II, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against WILLIAM J. HARRINGTON, IIL. 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 773429, covering the area of Earth-Space Science, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a 9th Grade Science Teacher at North Miami Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During 2001, the Respondent was investigated by Professional Practices Services for a 2000 charge of Solicitation of Prostitution. On or about October 11, 2000, the Commissioner of Education found probable cause to sanction the Respondent's Florida Educator's Certificate. On or about February 6, 2001, the Respondent entered into a Settlement Agreement with the Education Practices Commission, the terms of which included a letter of reprimand, one year probation, and completion ofacollege-level course in Professional Responsibility or Ethics. (PPS Case #990-1319- V). WILLIAM J. HARRINGTON, Ill Administrative Complaint Page 2 of 3 4. On or about February 28, 2003, the Respondent engaged in inappropriate discipline of D.J.J., a female student whose date of birth is October 1, 1997. The Respondent told D.J.J. in class that she was a "fat ugly monster" who needed to "look in the mirror," or words to that effect. The Respondent further stated that he didn't want to "see [D.J.J's] face any longer" because he was afraid he "would have bad dreams," or words to that effect. On or about April 24, 2003, the school principal held a Conference-For-the-Record with the Respondent. The Respondent was issued a letter of reprimand and directed not to use inappropriate procedures to discipline students. He continues to be employed by the Miami-Dade School District. 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 Respondentis 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 learning 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. WILLIAM J. HARRINGTON, III 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__ /0 dayof fared 2004. ‘Ommissioner of Education State of Florida

Docket for Case No: 04-001143PL
Source:  Florida - Division of Administrative Hearings

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