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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs KIMBERLY WILSON, 05-001769PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001769PL Visitors: 14
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: KIMBERLY WILSON
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: May 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 8, 2005.

Latest Update: Jan. 03, 2025
hoe TE STATE BOARD OF EDUCATION q P i? 3b i ae John L. Winn 2 HAY \b Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD FAIR, Vice Chairman Members DONNA G. CALLAWAY JULIA L. JOHNSON ROBERTO MARTINEZ PHOEBE RAULERSON | cs (7el February 17, 2005 CERTIFIED MAIL Ms. Kimberly Wilson RE: Finding of Probable Cause 1211 West 7th Street #2 Case No: 034-2877-F Jacksonville, Florida 32209 SSN Dear Ms. Wilson: 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), | find that probable cause exists to justify sanctions against your certificate as provided in Sections ]012.796(6) and 1012.795(1). Florida Statutes, which penalties may include reprimand, probation. restriction of the scope OT practice, suspension not to exceed five years. revocation not to exceed ten vears or the permanent revocation of your Educator Certificate. An Administrative Compiaint, Explanation and Election of Rights forms have been enclosed. Should vou 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. . . oO ; % a 7 Hike tn-~— = : ad John L. Winn oo a> mwl/wj = > ENCLOSURES a 395 W. GAINES STREET * SUITE 224-E + TALLAHASSEE. FL 32399-0400 + (850) 245-0438 + (850) 245-0621 (Fax; STATE OF FLORIDA FP ad i EDUCATION PRACTICES COMMISSIQN#AY. = nN 8: 6 mos WAY fb P 12 3b ’ JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-2877-F rn KIMBERLY DAWN WILSON NE ETF GD PD (OD ( (lf PC Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrati ve Complaint against KIMBERLY DAWN WILSON. 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 850141, covering the areas of Business Education which is valid through June 30, 2005, and Exceptiona! Student Education which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Paxon School for Advanced Studies School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about March 23, 2004, Respondent engaged in improper, unprofessional conduct with R.J., a female student. Respondent unzipped or unbuttoned her pants in front of R.J. at least twice and Respondent directed lewd and profane comments and gestures at R.J. Onor about May 25, 2004, the schoo] district's Director of Professional Standards terminated/non-renewed Respondent's contract for this conduct. oS KIMBERLY DAWN WILSON O5MAY-3 ay 8: 46 Administrative Complaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 101 2.795(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 her effectiveness as an employee of the school board. COUNT3: 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 101 2.795(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_/7 th day of cLalrisaaid , 2005. 7 AY. 23720 JOHN L. WINN. as Commissioner of Educacion State of Florida

Docket for Case No: 05-001769PL
Issue Date Proceedings
Aug. 08, 2005 Order Closing File. CASE CLOSED.
Aug. 08, 2005 Motion to Close File filed.
Jul. 28, 2005 Petitioner`s Exhibit List filed.
Jul. 28, 2005 Petitioner`s Witness List filed.
Jun. 15, 2005 Agency`s court reporter confirmation letter filed with the Judge.
Jun. 09, 2005 Petitioner`s First Request for Production of Documents filed.
Jun. 09, 2005 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Jun. 09, 2005 Petitioner`s First Request for Admissions to Respondent filed.
May 27, 2005 Order of Pre-hearing Instructions.
May 27, 2005 Notice of Hearing by Video Teleconference (video hearing set for August 8, 2005; 9:00 a.m.; Jacksonville and Tallahassee, FL).
May 23, 2005 Petitioner`s Response to Initial Order filed.
May 16, 2005 Administrative Complaint filed.
May 16, 2005 Election of Rights filed.
May 16, 2005 Notice of Appearance filed.
May 16, 2005 Agency referral filed.
May 16, 2005 Initial Order.
Source:  Florida - Division of Administrative Hearings

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