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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs WILLIAM L. WEINKLE, 05-003346PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003346PL Visitors: 7
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM L. WEINKLE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 16, 2005.

Latest Update: May 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION —g5 SEP -5 PH |: JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-2860-B WILLIAM L. WEINKLE, Respondent. 60:1 Hd 91 das $0 ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against WILLLAM L. WEINKLE. 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 101 2.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 744139, covering the area of Biology, which is valid through June 30, 2007. 2. At ali times pertinent hereto, the Respondent was employed as a Science Teacher at South Dade Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 4 3. On or about October 7, 1996, Respondent received a verbal warning regarding a parent’s complaint about inappropriate comments of a sexual nature made in class. The school principal instructed Respondent to be “Jess complete in his answers” to the students’ questions. 4. On or about October 12, 2001, .K., a 15-year-old female student, requested to be removed from Respondent’s class because she believed he had tried to look down her shirt. WILLIAM L. WEINKLE Administrative Complaint Page 2 of 3 5. On or about January 28, 2002, Respondent received a verbal warning regarding a student's complaint about inappropriate comments of a sexual nature made in class. 6. During the month of January, 2004, Respondent made inappropriate remarks to female students that made them uncomfortable. For example, Respondent told R.B., age 14, that she usually dressed like a “‘skank”; he told K.H., age 15, that she had a nice complexion, nice eyebrows, a well-toned body, and wore her makeup well; he told A.L., age 16, that she had a nice face, a nice figure, and applied her makeup well and dressed nicely, and also had A.L. stanc up in class and told the class that if they ate right and worked out, they could have a figure like hers. K.H. requested to be removed from Respondent’s class. The school district issued Respondent a letter of reprimand. 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education ruies. 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 unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. WILLIAM L. WEINKLE O5SEP-§ PH 1:39 Administrative Complaint Page 3 of 3 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. EXECUTED on this _ 7 day of ar 4 , 2005. JOHNL. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-003346PL
Issue Date Proceedings
Nov. 16, 2005 Order Closing File. CASE CLOSED.
Nov. 15, 2005 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Oct. 05, 2005 Order of Pre-hearing Instructions.
Oct. 05, 2005 Notice of Hearing (hearing set for December 1 and 2, 2005; 9:30 a.m.; Miami, FL).
Sep. 26, 2005 Notice of Appearance (filed by M. Herdman).
Sep. 20, 2005 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Sep. 20, 2005 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Sep. 20, 2005 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Sep. 20, 2005 Unilateral Response to Initial Order filed.
Sep. 16, 2005 Finding of Probable Cause filed.
Sep. 16, 2005 Initial Order.
Sep. 16, 2005 Administrative Complaint filed.
Sep. 16, 2005 Election of Rights filed.
Sep. 16, 2005 Notice of Appearance, Requesting a Hearing filed.
Sep. 16, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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