Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: GERALD CRAIG BRAGG
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Milton, Florida
Filed: Oct. 28, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 19, 2009.
Latest Update: Dec. 24, 2024
© py sur?
STATE/OF ELORIDA
EDUCATION ee tne COMMISSION
1003 OCT 28 A Il: 20
DR. ERIC J. SMITH, as INVISION OF
Commissioner of Education, A 5 at ISTRATIVE
HEARINGS
Petitioner,
ys. CASE NO. 078-2120-F
GERALD CRAIG BRAGG,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against GERALD CRAIG BRAGG. 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 726800, covering the areas of
Health, Physical Education, and Driver Education, which is valid through June 30, 2011.
2. Atall times pertinent hereto, the Respondent was employed as a Physical Education
Teacher at Milton High School in the Santa Rosa County School District.
MATERIAL ALLEGATIONS
3. On or about September 15, 2003, students A.M., L.R., and C.R. reported to the West
Florida High School guidance counselor that the Respondent made them uncomfortable by:
A. Pressing one of the girls’ hands while talking to her;
B. Massaging one of the girls’ shoulders while standing behind her; and
Cc. Looking down one of the girls’ shirt.
GERALD CRAIG BRAGG
Administrative Complaint
Page 2 of 4
4. On or about Septeniber 15, 2003, the school principal warned the Respondent about
engaging in the behavior described in Paragraph 3 above.
5. During the 2004/2005 school year, the Respondent behaved inappropriately towards |
student K.L., as follows:
A. He singled out student KL. for inappropriate attention, repeatedly calling
KL. out of other classes for little or no reason, ostensibly to help him with
various projects;
B. He gave K.L. money to purchase a camera, and asked her to take pictures of
herself in her bathing suit;
c. He behaved flirtatiously towards K.L.; and
D. He told KL. “I can’t wait until you are 18 so I can take you to Vegas and
show you a good time,” or words to that effect.
6. During the 2007/2008 school year, the Respondent engaged in inappropriate conduct
towards 14-year-old female student, J.H., by hugging her and kissing her on the cheek in a manner
that made the student uncomfortable. The Respondent also repeatedly asked J.H. why she did not
want a boyfriend and told her she was beautiful. ,
7. During the 2007/2008 school year, the Respondent hugged student C.R. and kissed
her on the forehead.
8. During the 2007/2008 school year, the Respondent repeatedly pulled 13-year-old
student, E.E., close to him, and hit her in the buttocks with a ball.
9. During the 2007/2008 school year, the Respondent engaged in inappropriate conduct,
in that:
A. He looked at female students in a leering or suggestive manner,
B. He communicated with female students in a flirtatious manner,
Cc. He singled out physically attractive female students to grade papers or do
projects for him; and
“D. He touched female students excessively and in a manner that made them
uncomfortable.
GERALD CRAIG BRAGG
Administrative Complaint
Page 3 of 4
The Petitioner charges:
STATUTE, VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(b), Flotida Statutes,
in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the
public school system or to teach in or to operate a private school.
COUNT 2: 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 3: The Respondent is in violation of Section 1012.795( 1D, Florida Statutes,
in that Respondent has been found guilty of personal conduct which. seriously reduces his
effectiveness as an employee of the school board.
COUNT 4: 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
COUNTS: 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 barmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
COUNT 6: 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 disparagemient.
(SIGNATURE ON FOLLOWING PAGE)
GERALD CRAIG BRAGG
Administrative Complaint
Page 4 of 4
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 ZY day of Sune , 2008.
Commissioner of Education
State of Florida
Docket for Case No: 08-005408PL
Issue Date |
Proceedings |
Aug. 19, 2009 |
Order Closing File. CASE CLOSED.
|
Aug. 14, 2009 |
Petitioner's Motion for Remand and to Close File filed.
|
Jul. 14, 2009 |
Notice of Taking Depositions filed.
|
Jul. 10, 2009 |
Petitioner's Request for Admissions filed.
|
Jul. 10, 2009 |
Petitioner's Second Request for Production of Documents filed.
|
Jul. 10, 2009 |
Notice of Service of Interrogatories filed.
|
May 01, 2009 |
Notice of Taking Depositions filed.
|
Apr. 08, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 10 and 11, 2009; 10:00 a.m., Central Time; Milton, FL).
|
Apr. 06, 2009 |
Letter to Judge Nelson from Mary Aspros regarding availability for two-day formal administrative hearing filed.
|
Mar. 30, 2009 |
Second Uncontested Motion to Continue Hearing filed.
|
Jan. 16, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 30 and May 1, 2009; 10:30 a.m., Central Time; Milton, FL).
|
Jan. 15, 2009 |
Amendment to Petitioner`s Uncontested Motion to Continue Hearing filed.
|
Jan. 13, 2009 |
Petitioner`s Uncontested Motion to Continue Hearing filed.
|
Jan. 12, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 24 and 25, 2009; 10:30 a.m., Central Time; Milton, FL).
|
Jan. 07, 2009 |
Unopposed Motion to Continue Hearing filed.
|
Nov. 25, 2008 |
Order of Pre-hearing Instructions.
|
Nov. 25, 2008 |
Notice of Hearing (hearing set for January 27 and 28, 2009; 10:30 a.m., Central Time; Milton, FL).
|
Nov. 13, 2008 |
Letter to Judge Nelson from M. Aspros regarding available dates for hearing filed.
|
Nov. 05, 2008 |
Response to Initial Order filed.
|
Nov. 05, 2008 |
Notice of Service of Interrogatories filed.
|
Nov. 05, 2008 |
Petitioner`s First Request for Production of Documents filed.
|
Oct. 28, 2008 |
Initial Order.
|
Oct. 28, 2008 |
Administrative Complaint filed.
|
Oct. 28, 2008 |
Election of Rights filed.
|
Oct. 28, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Oct. 28, 2008 |
Agency referral filed.
|