Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL L. PENNINGTON
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Nov. 18, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 12, 2009.
Latest Update: Dec. 22, 2024
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DR. ERIC J. SMITH, as LoS TE g. VY
Commissioner of Education, Aika
Og Ke
Petitioner,
vs. CASE NO. 067-4180-F
MICHAEL L. PENNINGTON,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against MICHAEL L. PENNINGTON. The Petitioner seeks the appropriate disciplinary
sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 91 5162, covering the area of
Elementary Education, which is valid through June 30, 2009.
2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher
at Springwood Elementary Schooi in the Leon County School District.
MATERIAL ALLEGATIONS
3. On or about May 25, 2007, the Respondent secretly video taped women and young
girls at a shopping mall via a video camera in a brown paper bag with a hole cut out. He taped the
victims from the waist down.
4, When confronted, the Respondent informed a police officer that he had been secretly
video taping women and girls for years. He stated he had no additional tapes because his practice
was to watch the video, masturbate, and then erase the video.
MICHAEL L. PENNINGTON
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida 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)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
RULE VIOLATIONS
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.
(SIGNATURE ON FOLLOWING PAGE)
MICHAEL L. PENNINGTON
Administrative Complaint
Page 3 of 3
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 16
years or permanently; determining the Respondent to be ineligible for certification; 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 Qt day of _(Orchobev__, 2008.
Commissidner of Education
State of Florida
Docket for Case No: 08-005792PL
Issue Date |
Proceedings |
Jan. 12, 2009 |
Order Closing File. CASE CLOSED.
|
Jan. 08, 2009 |
Motion to Close Case and Remand to the Education Practices Commission filed.
|
Jan. 08, 2009 |
Response to Motion to Close Case and Remand filed.
|
Jan. 08, 2009 |
Withdrawal of Motion to Compel Discovery filed.
|
Jan. 08, 2009 |
Motion to Compel Discovery filed.
|
Dec. 03, 2008 |
Order of Pre-hearing Instructions.
|
Dec. 03, 2008 |
Notice of Hearing (hearing set for January 23, 2009; 9:30 a.m.; Tallahassee, FL).
|
Nov. 25, 2008 |
Petitioner`s First Request for Production of Documents filed.
|
Nov. 25, 2008 |
Notice of Service of Interrogatories filed.
|
Nov. 24, 2008 |
Petitioner`s Response to Initial Order filed.
|
Nov. 18, 2008 |
Initial Order.
|
Nov. 18, 2008 |
Administrative Complaint filed.
|
Nov. 18, 2008 |
Election of Rights filed.
|
Nov. 18, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Nov. 18, 2008 |
Agency referral filed.
|