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JOHN WINN, AS COMMISSIONER OF EDUCATION vs CHARLES BUCKNER, 06-000773PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000773PL Visitors: 1
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: CHARLES BUCKNER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Mar. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 17, 2006.

Latest Update: Jun. 15, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1752-M CHARLES BUCKNER, Respondent. Ole : O07 5 PL ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against CHARLES BUCKNER. 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 349982, covering the areas of Early Childhood Education and Elementary Education, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Scien.ce Teacher at Memorial Middle School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about February 13, 2001, Respondent engaged in inappropriate discipline with W.M, an eighth grade, female student. Respondent grabbed W.H. by the arm to restrain her from using a pencil sharpener. During the event, Respondent hurt W.H. On or about April 5, 2001, Respondent’s principal issued him a letter of reprimand for this event, as well as Respondent’s ignoring previously issued directives about not touching students. CHARLES BUCKNER 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. COUNT 2: TheRespondentis in violation of Section 1012.795(1)(), 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 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. ie EXECUTED on this 327 _ day of Se la 2004. State of Florida

Docket for Case No: 06-000773PL
Issue Date Proceedings
May 17, 2006 Order Closing File. CASE CLOSED.
May 16, 2006 Agency`s court reporter confirmation letter filed with the Judge.
May 16, 2006 Notice of Voluntary Dismissal filed.
Apr. 13, 2006 Notice of Service of Respondent`s First Request for Production of Documents filed.
Apr. 12, 2006 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Apr. 12, 2006 Notice of Service of Response to Petitioner`s First Request for Production of Documents filed.
Apr. 12, 2006 Notice of Service of Answers to Interrogatories filed.
Mar. 30, 2006 Notice of Service of Response to Petitioner`s First Request for Admissions filed.
Mar. 22, 2006 Undeliverable envelope returned from the Post Office.
Mar. 14, 2006 Order of Pre-hearing Instructions.
Mar. 14, 2006 Notice of Hearing (hearing set for May 23, 2006; 9:00 a.m.; Orlando, FL).
Mar. 09, 2006 Petitioner`s Response to Initial Order filed.
Mar. 02, 2006 Finding of Probable Cause filed.
Mar. 02, 2006 Administrative Complaint filed.
Mar. 02, 2006 Election of Rights filed.
Mar. 02, 2006 Notice of Appearance (filed by R. Weaver).
Mar. 02, 2006 Notice of Appearance (filed by E. Swanson).
Mar. 02, 2006 Agency referral filed.
Mar. 02, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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