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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JEAN JOSEPH-POISSON, 10-000226PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000226PL Visitors: 5
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JEAN JOSEPH-POISSON
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 14, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 25, 2010.

Latest Update: Jul. 05, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as FZ, Commissioner of Education, | D L) ID L Petitioner, vs. CASE NO. 089-0322 JEAN-JOSEPH POISSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JEAN-JOSEPH POISSON. The Petitioner seeks the appropriate disciplinary saniction of the Respondent’s educator’s certificate pursuant to Sections 1012.3 15, 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 1076123, covering the area of Biology, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Substitute Teacher at Jorge Mas Canosa Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2007/2008 school year, the Respondent made inappropriate comments to students, including the following: A. Told students that a female teacher “had a nice ass” and that he wanted to “tap that doggie style,” or words to that effect; B. Called a female student a “nasty bitch;” JEAN-JOSEPH POISSON Administrative Complaint Page 2 of 3 Cc. Stood in front of the class, told the class that the prior class had focused on his “private parts,” and told them not to do so, while grabbing his private parts; D. Made inappropriate comments about a student’s mother to that student and in front of other students, indicating the mother was good looking and that he would have to set up a parent/teacher conference in order to meet her; asked the student if her mother and father were at home “doing it;” kissed a picture of the mother; and repeatedly asked the student how her mother was; E. Asked a student if she was a virgin, how many times she had engaged in sex, and how; F. Asked a female student te “close her legs;” G. After two female students hugged, the Respondent told them “stop kissing,”and the students responded that they were not kissing, and he stated, “snaybe you should be;” H. Asked a male student if he “wanted some” from a particular female student; and IL Told students he “got a lot of action” from his wife, or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(j), 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 2: 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. COUNT 3: 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. JEAN-JOSEPH POISSON Administrative Compiaint 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 10 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 _, tb day of 4 Vian CA , 2009. Commissionef of Education State of Florida

Docket for Case No: 10-000226PL
Issue Date Proceedings
Mar. 25, 2010 Order Closing File. CASE CLOSED.
Mar. 24, 2010 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Mar. 16, 2010 Order To Show Cause Why Petitioner`s Motion to Relinquish Jurisdiction Should Not Be Granted.
Mar. 15, 2010 Motion to Relinquish Jurisdiction to EPC in the Absence of Any Disputed Material Facts/Motion to Compel/Motion for Sanctions filed.
Feb. 11, 2010 Order of Pre-hearing Instructions.
Feb. 11, 2010 Notice of Hearing (hearing set for March 31 and April 1, 2010; 9:00 a.m.; Miami, FL).
Feb. 08, 2010 Notice of Service of Petitioner's First set of Interrogatories to Respondent filed.
Jan. 26, 2010 Unilateral Response to Initial Order filed.
Jan. 14, 2010 Administrative Complaint filed.
Jan. 14, 2010 Election of Rights filed.
Jan. 14, 2010 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 14, 2010 Agency referral filed.
Jan. 14, 2010 Initial Order.
Source:  Florida - Division of Administrative Hearings

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