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JOHN WINN, AS COMMISSIONER OF EDUCATION vs TROY BOWE, 05-000769PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000769PL Visitors: 22
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: TROY BOWE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Key West, Florida
Filed: Mar. 02, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 16, 2005.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION OS FEB 18 PM 1 3:0 a“ a JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-1463-B TROY CHRISTOPHER BOWE, Respondent. () O | (7 of. L ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against TROY CHRISTOPHER BOWE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant to Sections ]012.795 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 786873, covering the area of Social Science, which is valid through June 30, 2009. 2. At ali times pertinent hereto, the Respondent was employed as a Social Science Teacher at Monroe County High School in the Monroe County School District. MATERIAL ALLEGATIONS 3. During the 2002-2003 school year, the Respondent was notified that he was required to attend a pre-determination meeting with Monroe County Schoo! Board officials regarding allegations that he: a) made negative comments to students such as "I hate cheerleaders;" b) threw magic markers at students in class; c) told students they could increase their grades if they brought baked goods to class; TROY CHRISTOPHER BOWE Administrative Complaint OSFEBI8 Py 3:03 Page 2 of 3 d) told specific students that he didn't like them; e) made comments about a student's weight; f) made statements expressing disdain for blacks, Hispanics, women and some athletes; g) stating in class "Black education is an oxymoron," or words to that effect; h) telling a male student he should put a rubber band on his penis to prevent him from needing to use the restroom during class, then stating that due to the size of the student's penis, he may "need a smaller rubber band;” i) ridiculing students in class for failing or doing poorly in class. These allegations were not reported to Professional Practices Services. During the 2003-2004 school year, the Respondent was investigated by the Monroe County School District for making comments that "whites" were better than "blacks." These allegations were not reported to Professional Practices Services. During the 2003-2004 school year, the Respondent engaged in inappropriate conduct with astudent, D.M. After D.M. told the Respondent that he had quit the wrestling team, the Respondent grabbed D.M. by the arm and attempted to pull him into aclassroom. On or about January 12, 2004, the Respondent was arrested and charged with Battery. He pled not guilty to the charge. The Respondent paid $320.00 in fines and fees, completed 25 hours of community service and successfully completed an Anger Management Course. The State Attorney's Office issued a nolle prosequi on the case on or about Apri] 29, 2004. The Respondent resigned his position with the district on or about January 22, 2004. 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 TROY CHRISTOPHER BOWE Administrative Complaint Page 3 of 3 unnecessary embarrassment or disparagement. 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. Hh EXECUTED on this _X “day of HN L. WINN, as Commissioner of Education State of Florida £0:€ Hd 81 93450

Docket for Case No: 05-000769PL
Issue Date Proceedings
May 19, 2005 Notification of Cancellation of Court Reporter.
May 16, 2005 Order Closing File. CASE CLOSED.
May 16, 2005 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Apr. 06, 2005 Notification of Scheduling of Court Reporter filed.
Mar. 16, 2005 Order of Pre-hearing Instructions.
Mar. 16, 2005 Notice of Hearing (hearing set for May 24 and 25, 2005; 9:30 a.m.; Key West, FL).
Mar. 08, 2005 Joint Response to Initial Order filed.
Mar. 02, 2005 Initial Order.
Mar. 02, 2005 Administrative Complaint filed.
Mar. 02, 2005 Finding of Probable Cause filed.
Mar. 02, 2005 Election of Rights filed.
Mar. 02, 2005 Notice of Appearance (filed by W. Grant, Esquire).
Mar. 02, 2005 Notice of Appearance, Requesting a Hearing filed.
Mar. 02, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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