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JOHN WINN, AS COMMISSIONER OF EDUCATION vs THOMAS HORNSBY, 06-002052PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002052PL Visitors: 35
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: THOMAS HORNSBY
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: St. Augustine, Florida
Filed: Jun. 14, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 23, 2006.

Latest Update: Jan. 08, 2025
STATE OF FLORIDA a ay} EDUCATION PRACTICES COMMISSION| 9 fl! 9: Gy (4 & Yy 4 * 7 i) y 4 JOHN L. WINN, as Toys, 4a Commissioner of Education, Meg ST o ¢ ? ings, : Petitioner, S VS. CASE NO. 045-1252-P THOMAS E. HORNSBY, O bb 208 SPL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against THOMAS E. HORNSBY. 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 777200, covering the area of Exceptional Student Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Dean at Murray Middle School in the St. Johns County School District. MATERIAL ALLEGATIONS 3. On or about November 7, 2004, Respondent grabbed and restrained his wife, causing bruising to her arms and wrists, and refused to let her communicate with a 911 operator. Respondent was arrested and charged with: Count 1 - Domestic Violence Battery; Count 2 - False Imprisonment; and Count 3 - Depriving 911 Communication. On or about December 29, 2004, the state attorney announced noile prosequi on the charges, conditioned upon Respondent completing an anger management class and consenting to the entry of a domestic violence injunction against him on behalf of his wife. As a result of his actions, Respondent was suspended from his position for 30 days. THOMAS E, HORNSBY 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: 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 his effectiveness as an employee of the school board. 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 Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice: assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to 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 for a period of time up to 10 years or permanently. EXECUTED on this CA+th day of Dy npywvniloesc, 2005. a am Commissioner of Education State of Florida co:6 HY 61 AVE 9D HO

Docket for Case No: 06-002052PL
Issue Date Proceedings
Aug. 23, 2006 Order Closing File. CASE CLOSED.
Aug. 23, 2006 Motion to Close File filed.
Aug. 22, 2006 Notification of Cancellation of Court Reporter.
Aug. 21, 2006 Agency`s court reporter confirmation letter filed with the Judge.
Aug. 18, 2006 Petitioner`s Motion to Relinquish Jurisdiction filed.
Aug. 15, 2006 Order (matters requested for admissions are deemed admitted).
Aug. 01, 2006 Petitioner`s Exhibit List filed.
Aug. 01, 2006 Petitioner`s Witness List filed.
Jul. 31, 2006 Petitioner`s Motion to Compel Response to Petitioner`s Requests for Discovery filed.
Jul. 31, 2006 Motion to Deem Petitioner`s Requests for Admissions to Respondent as being Admitted filed.
Jul. 31, 2006 Petitioner`s First Request for Production of Documents filed.
Jul. 31, 2006 Petitioner`s First Set of Interrogatories to Respondent filed.
Jul. 31, 2006 Petitioner`s First Requests for Admissions to Respondent filed.
Jul. 31, 2006 Notice of Taking Deposition filed.
Jul. 31, 2006 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Jul. 05, 2006 Order of Pre-hearing Instructions.
Jul. 05, 2006 Notice of Hearing (hearing set for August 23, 2006; 10:00 a.m.; St. Augustine, FL).
Jul. 05, 2006 Petitioner`s Response to Initial Order filed.
Jun. 26, 2006 Notice of Taking Deposition filed.
Jun. 14, 2006 Initial Order.
Jun. 14, 2006 Finding of Probable Cause filed.
Jun. 14, 2006 Administrative Complaint filed.
Jun. 14, 2006 Election of Rights filed.
Jun. 14, 2006 Notice of Appearance (filed by R. Weaver).
Jun. 14, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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