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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs WILLIAM DONALD RICE, 06-001617PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001617PL Visitors: 56
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM DONALD RICE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Lakeland, Florida
Filed: May 08, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 14, 2006.

Latest Update: Oct. 01, 2024
7 weet tetany vot Bg seer STATE OF FLORIDA ip & fy EDUCATION PRACTICES COMMISSION 0§ Nay a JOHN L. WINN, as Commissioner of Education, Petitioner, vs. WILLIAM DONALD RICE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Conmplaint a against WILLLAM DONALD RICE. The Petitioner seeks the appropriate disciplinary sanction of” -1012.795(1) and 1012.796(7), Florida Statutes; The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 645156, covering the area of Mathematics, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Hillsborough High School in the Hillsborough County School District, and as a Mathematics Teacher at Winter Haven High School in the Polk County School District MATERIAL ALLEGATIONS 3. On or about July 31, 2003, Respondent picked up his 14-year-old step-son by the neck, choking him, pulled him by the hair, banged his head against the wall several times and struck him with a closed fist as punishment for chipping paint offa door jam. Respondent grabbed his step- sn, tearing his step-son’s shorts, and threw him out of the house. Thereafter, Respondent grabbed his wife and threw her ona bed in anger. When law enforcement officers arrived, Respondent stayed outside cursing and refused to stop screaming. When a law enforcement officer asked him to stop WILLIAM DONALD RICE Administrative Complaint Page 2 of 3 causing a disturbance, Respondent told the officer to “Iiss my ass,” or words to that effect, and continued the disturbance in the presence of children and neighbors. Respondent was arrested and charged with two counts of Domestic Battery and one count of Disorderly Conduct. On or about September 19, 2003, the state attomey’s office filed information against Respondent charging him with: Battery (Domestic Violence); Culpable Negligence; Contributing to the Delinquency or Dependency of a Child; Obstructing or Opposing an Officer without Violence; and Disorderly Conduct, Respondent entered a pre-trial intervention program on these charges. 4, The Hillsborough County School District declined to renew Respondent’s contract for the 2004-2005 school year. 5. During the 2004-2005 school year, Respondent made inappropriate, unprofessional and disparaging remarks to or about students in the presence of others. The remarks included profanity, threats of violence, and degrading remarks about students’ physical appearance or educational program. Respondent hit at least one student with a ruler or yard stick and gave other students permission to hit students with aruler or yard stick, if a student misbehaved. Respondent also denied appropriate accommodations to exceptional education students, such as extended time in which to complete a test. On or about April 8, 2005, the school district placed Respondent on paid leave and thereafter declined to renew his contract for the 2005-2006 school year. 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 1012.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his 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. WILLIAM DONALD RICE Administrative Complaint Page 3 of 3 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 unnécessary embarrassment or disparagement, COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal tights. COUNT?7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Adminisirative Code, in that Respondent has harassed or discriminated against a student on the basis of Tace, color, religion, Sex, age, national or ethnic origin, political beliefs, WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this exceed five years: revoking the Respondent's educator's certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate fora period of time up to 10 years or permanently, EXECUTED on this ae day of Ie } TUGYN _, 2006. oS JOHDN?L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-001617PL
Issue Date Proceedings
Jun. 14, 2006 Order Closing File. CASE CLOSED.
Jun. 12, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jun. 08, 2006 Respondent`s Response to Petitioner`s First Request for Admissions filed.
Jun. 08, 2006 Notice of Service of Response to Petitioner`s First Request for Admissions filed.
Jun. 06, 2006 Amended Notice of Hearing (hearing set for June 20 and 21, 2006; 9:00 a.m.; Lakeland, FL; amended as to Hearing Room Location).
May 31, 2006 Order of Pre-hearing Instructions.
May 31, 2006 Notice of Hearing (hearing set for June 20 and 21, 2006; 9:00 a.m.; Lakeland, FL).
May 17, 2006 Notice of Appearance (filed by M. Herdman).
May 16, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
May 16, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
May 16, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
May 15, 2006 Joint Response to Initial Order filed.
May 09, 2006 Initial Order.
May 08, 2006 Letter to W. Rice from J. Rittenhouse regarding forwarding case to DOAH.
May 08, 2006 Finding of Probable Cause filed.
May 08, 2006 Notice of Appearance (filed by C. Whitelock).
May 08, 2006 Election of Rights filed.
May 08, 2006 Administrative Complaint filed.
May 08, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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