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.
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Feb. 09, 2005 |
Notice of Serving Responses to Petitioner`s Request for Admissions (filed by Respondent).
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Feb. 09, 2005 |
Petitioner`s First Set of Interrogatories to Respondent filed.
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Feb. 09, 2005 |
Notice of Serving Answers to Petitioner`s First Set of Interrogatories to Respondent filed.
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Jan. 27, 2005 |
Petitioner`s Response to Initial Order filed.
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Jan. 25, 2005 |
Order of Pre-hearing Instructions.
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Jan. 25, 2005 |
Notice of Hearing (hearing set for April 12, 2005; 9:00 a.m.; Viera, FL).
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Dec. 27, 2004 |
Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
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Dec. 27, 2004 |
Petitioner`s First Set of Interrogatories to Respondent filed.
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Dec. 27, 2004 |
Petitioner`s First Request for Admissions to Respondent filed.
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Dec. 27, 2004 |
Petitioner`s Request for Production of Documents filed.
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Dec. 22, 2004 |
Respondent`s Response to Initial Order filed.
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Dec. 16, 2004 |
Notice of Appearance (W. Allen) letter to Agency.
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Dec. 16, 2004 |
Administrative Complaint filed.
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Dec. 16, 2004 |
Agency probable cause letter to respondent.
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Dec. 16, 2004 |
Letter Kathleen Richards to from T. Odorn requesting that case be schedule for a formal hearing filed.
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Dec. 16, 2004 |
Agency referral filed.
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Dec. 16, 2004 |
Initial Order.
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