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JIM HORNE, AS COMMISSIONER OF EDUCATION vs JEFFREY BARRETT, 04-004473PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004473PL Visitors: 15
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: JEFFREY BARRETT
Judges: JEFF B. CLARK
Agency: Department of Education
Locations: Viera, Florida
Filed: Dec. 16, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 9, 2005.

Latest Update: Dec. 24, 2024
2d fry STATE OF FLORIDA PIL EDUCATION PRACTICES COMMISSION 20H GEC tb A TI: Ob JIM HORNE, as ' Commissioner of Education, “ Petitioner, VS. CASE NO. 023-1804-M JEFFREY BARRETT, Respondent. 0 ( : y U { 75 PL / OO ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against JEFFREY BARRETT. 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 845776, covering the area of Elementary Education, which is valid through June 30, 2006. 2. ’ Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Sebastian River Middle School in the Indian River County School District. MATERIAL ALLEGATIONS 3. During the 2002-2003 school year, Respondent accessed pomographic and sexually explicit material on a school issued computer in violation of school district policy. Respondent sometimes accessed this material when students were present. On or about March 13, 2003, the schoo! district terminated Respondent from his employment. JEFFREY BARRETT Administrative Complaint Page 2 of 2 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. COUNT2: The Respondent is in violation of Section 101 2.795(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 mental 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1 012.795(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. 29? aeor DS EXECUTED on this 2 day of wa , 2004. JIM HORNE, as commissioner of Education State of Florida

Docket for Case No: 04-004473PL
Issue Date Proceedings
Jun. 09, 2005 Order Closing File. CASE CLOSED.
Jun. 08, 2005 Motion to Close File filed.
Jun. 07, 2005 Letter to R. Weaver from W. Allen enclosing the executed Amended Election of Rights filed.
Mar. 07, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 14, 2005; 9:00 a.m.; Viera, FL).
Feb. 21, 2005 Agreed Upon Motion for Continuance (filed by Respondent).
Feb. 09, 2005 Respondent`s Response to Petitioner`s Request for Production of Documents filed.
Feb. 09, 2005 Notice of Serving Responses to Petitioner`s Request for Admissions (filed by Respondent).
Feb. 09, 2005 Petitioner`s First Set of Interrogatories to Respondent filed.
Feb. 09, 2005 Notice of Serving Answers to Petitioner`s First Set of Interrogatories to Respondent filed.
Jan. 27, 2005 Petitioner`s Response to Initial Order filed.
Jan. 25, 2005 Order of Pre-hearing Instructions.
Jan. 25, 2005 Notice of Hearing (hearing set for April 12, 2005; 9:00 a.m.; Viera, FL).
Dec. 27, 2004 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Dec. 27, 2004 Petitioner`s First Set of Interrogatories to Respondent filed.
Dec. 27, 2004 Petitioner`s First Request for Admissions to Respondent filed.
Dec. 27, 2004 Petitioner`s Request for Production of Documents filed.
Dec. 22, 2004 Respondent`s Response to Initial Order filed.
Dec. 16, 2004 Notice of Appearance (W. Allen) letter to Agency.
Dec. 16, 2004 Administrative Complaint filed.
Dec. 16, 2004 Agency probable cause letter to respondent.
Dec. 16, 2004 Letter Kathleen Richards to from T. Odorn requesting that case be schedule for a formal hearing filed.
Dec. 16, 2004 Agency referral filed.
Dec. 16, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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