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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs GREGORY PRESNELL, 08-002775PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002775PL Visitors: 4
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: GREGORY PRESNELL
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Chipley, Florida
Filed: Jun. 12, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 5, 2008.

Latest Update: Jun. 29, 2024
FILED 208 JUN 12 A Hs 39 JEANINE BLOMBERG, as Ox o| 1S! p L DIVISION OF \OMI HIVE Commissioner of Education, eet yeti ve STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Petitioner, vs, CASE NO. 056-3488-M GREGORY R. PRESNELL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Compiaint against GREGORY R. PRESNELL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’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 hoids Florida Educator’s Certificate 367987, covering the arcas of Physical Education, School Principal, Social Science, and Middle Grades, which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at Vernon Middle School in the Washington County School District. MATERIAL ALLEGATIONS 3. During the 2005-2006 school year the Respondent made derogatory and disparaging comments about a student to fellow staff members that "There are black people and there are niggers. This boy is a nigger." or words of similar import. 4. During the 2005-2006 school year while on a teacher retreat in ‘Tallahassee, Florida, the Respondent made the comment to an African-American teacher in the presence of fellow teachers “Let us pull you up so I can watch you swing. I haven't scen a black man swinging from GREGORY R. PRESNELL Administrative Complaint Page 2 of 3 a tree since I left Mississippi." or words of similar import. Several days later the Respondent repeated his remark to fellow teachers at school. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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 un employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has vivlated the Principles of Professiona! Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATION COUNT 4: — The allegations of misconduct set forth hercin are in violation of Rute 6B- 1.006(5)(d), Florida Administrative Code. in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive cnvironment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) GREGORY R. PRESNELL Administrative Complaint Page 3 of 3 WITEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Elcction of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respecttully 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 limiled 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 Rcspondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five ycars; revoking the Respondent’s cducator’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 aay ot Dek mber. 2007. t JEANINE BLOMBERG, as 7 Commissioner of Education State of Florida

Docket for Case No: 08-002775PL
Issue Date Proceedings
Aug. 05, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 04, 2008 Motion to Cancel Hearing and for Remand filed.
Jul. 14, 2008 Notice of Taking Deposition (G. Presnell) filed.
Jul. 10, 2008 Letter to Judge Adams from G. Presnell regarding request for postponement of hearing filed.
Jun. 24, 2008 Order of Pre-hearing Instructions.
Jun. 24, 2008 Notice of Hearing (hearing set for August 13, 2008; 10:00 a.m., Central Time; Chipley, FL).
Jun. 23, 2008 Notice of Service of Interrogatories filed.
Jun. 23, 2008 Petitioner`s First Request for Production of Documents filed.
Jun. 23, 2008 Petitioner`s Response to Initial Order filed.
Jun. 23, 2008 Notice of Appearance filed.
Jun. 19, 2008 Letter to Judge Adams from Gregory Presnell regarding response to Initial Order filed.
Jun. 12, 2008 Initial Order.
Jun. 12, 2008 Administrative Complaint filed.
Jun. 12, 2008 Election of Rights filed.
Jun. 12, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 12, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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