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JIM HORNE, AS COMMISSIONER OF EDUCATION vs ELLIS SCOTT WILLIAMS, 04-003561PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003561PL Visitors: 29
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: ELLIS SCOTT WILLIAMS
Judges: SUZANNE F. HOOD
Agency: Department of Education
Locations: Defuniak Springs, Florida
Filed: Sep. 29, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 22, 2004.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA SEP 96 p EDUCATION PRACTICES COMMISSION , Ofte he 4 / Z bis ye Oy vy EA pila f) JIM HORNE, as a ! Commissioner of Education, Petitioner, VS. CASE NO. 023-1516-V ELLIS SCOTT WILLIAMS, . : CY-d5U! VL Respondent. ADMINISTRATIVE COMPLAINT AVNIUNID 1 RAINY Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against ELLIS SCOTT WILLIAMS. 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 596298, covering the area of Elementary Education, which is valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Maude Saunders Elementary School in the Walton County Schoo} District. MATERIAL ALLEGATIONS 3. During September 2002, the Respondent was investigated by the Walton County Schoo! District for making unwanted visits to one student's home. He was issued a verbal directive by his principal to refrain from making visits to student's homes, to not transport students unless accompanied by another adult, and to separate church business from professional business. This incident was not reported to the Bureau of Professional Practices Services. ELLIS SCOTT WILLIAMS Administrative Complaint Page 2 of 4 4. From 1998 through 2002, the Respondent engaged in inappropriate conduct with female students and co-workers. These incidents include, but are not limited to, 1) calling A.E. at her home on several occasions (the Respondent made one cal} at approximately 8:55 a.m. on Labor Day, during which he claimed that he had some assignments for A.E. to make up, and that he wanted to "get together” with her for a few hours), following A.E.'s aunt home from work and asking her where A-E. lived, repeatedly driving through A.E.'s neighborhood at a very slow speed, offering to let A. stay at his house while her parents went to a funeral out of state (and not inviting A.E.'s brother), stopping by A.E.'s aunt's home to speak with A.E., stopping by A.E.'s home on a variety of pretenses, following A.E. and her friend at the county fair and watching them while they were on the rides. Due to A.E.'s discomfort with the Respondent, her mother removed her from the Respondent's school and transferred A.E. to another elementary school for one year. A.E. is a female student whose date of birth 1s March 17, 1992; 2) visiting the home of LL. unannounced and trying to step into the home once LL. opened the door, invading I.L.'s personal space during math tutoring sessions, following and staring at LL. at Wal-Mart and trying to engage her in conversation. I-L. is a female student whose date of birth is October 13, 1991; 3) making MF. miss the school bus one afternoon and then offering to take her home himself, stopping by M.F.'s house when M.F.'s parents were not at home, calling M.F. at home to complain that his tooth was hurting him, asking MF. to baby-sit for his child and spend the night. MF. is a female student whose date of birth is September 13, 1987; 4) stopping by A.H.'s house unannounced when her mother was not home and asking to come in, and pulling up outside her house in his car to talk to A.H. and her sister on numerous occasions when they were outside. As a result of these incidents, A.H. felt "creeped out" by the Respondent. A.H. is a female student whose date of birth is April 29, 1989; 5) stopping by the home of co-worker E.M. unannounced when E.M. was home alone with her daughter (a fifth-grade student of the Respondent's); 6) calling the home of co-worker A.R. (who often walked the lakeyard with another female teacher) and, while disguising his voice, stating that he'd been "watching two beautiful teachers walk the lake," or words to that effect, visiting A.R.'s classroom to "hang out" or "stand around” with little or nothing to discuss and stopping by her home unannounced. During these incidents, the Respondent was unaccompanied by his wife or child. During January 2003, the Respondent was investigated by the Walton County School District for making unwanted visits to a student LL.’s home. On or about January 23, 2003, he was issued a ELLIS SCOTT WILLIAMS Administrative Complaint Page 3 of 4 written directive to not be in any classroom with LL., not to engage in conversation with LL., not to walk with LL at any distance, to avoid all contact with LL. and to say "hi" to IL. only in passing. On or about January 24, 2003, the Respondent was issued a letter or reprimand for insubordination for violating the directive given to him on September 17, 2002. He visited the horne of I.L. on December 27, 2002 in direct violation of the September 17, 2002 directive. During J anuary 2003, the Respondent was investigated by the Walton County Sheriff's Department for inappropriate contacts with students. It was determined that the allegations made against the Respondent were not criminal in nature and the case was closed. He continues to be employed by the W alton County Public Schools at the same elementary school. 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)(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 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 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 learning and/or to the student’s rmental health 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 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)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. ELLIS SCOTT WILLIAMS Administrative Complaint Page 4 of 4 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. Y vor EXECUTED on this 4 day of ut 2004. JIM BORNE, as Commissioner of Education State of Florida

Docket for Case No: 04-003561PL
Issue Date Proceedings
Nov. 22, 2004 Order Closing File. CASE CLOSED.
Nov. 22, 2004 Motion to Cancel Hearing ant to Relinquish Jurisdiction to the EPC (filed by Petitioner via facsimile).
Nov. 18, 2004 Notice of Amendment (to Respondent`s Prehearing Statement) filed via facsimile.
Nov. 17, 2004 (Joint) Pre-hearing Stipulation (filed via facsimile).
Nov. 15, 2004 Notice of Filing and Service of Respondent`s Response to Request for Admissions (filed via facsimile).
Nov. 08, 2004 Notice of Service of Response to Request for Production of Documents and to Petitioner`s Interrogatories (filed by Respondent via facsimile).
Nov. 08, 2004 Respondent`s First Interrogatories to Petitioner filed.
Nov. 08, 2004 Notice of Filing and Serving Answers to Interrogatories (filed by Petitioner).
Nov. 08, 2004 Petitioner`s Response to Respondent`s Request for Production of Documents filed.
Nov. 04, 2004 Notice of Taking Deposition (E. Williams) filed.
Oct. 18, 2004 Petitioner`s Request for Admissions filed.
Oct. 14, 2004 Order of Pre-hearing Instructions.
Oct. 14, 2004 Notice of Hearing (hearing set for November 23, 2004; 10:00 a.m.; Defuniak Springs, FL).
Oct. 07, 2004 Notice of Service of Interrogatories filed by Petitioner.
Oct. 07, 2004 Petitioner`s Request for Production of Documents filed.
Oct. 07, 2004 Joint Response to Initial Order filed.
Oct. 07, 2004 Notice of Appearance of Counsel for Petitioner (filed by J. Holder, Esquire).
Sep. 29, 2004 Letter to Ms. Richards from A. Lunningham regarding failed settlement negotiations filed.
Sep. 29, 2004 Finding of Probable Cause filed.
Sep. 29, 2004 Notice of Appearance (filed by E. Moore, Esquire).
Sep. 29, 2004 Election of Rights filed.
Sep. 29, 2004 Administrative Complaint filed.
Sep. 29, 2004 Agency referral filed.
Sep. 29, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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