Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JEAN-JOSEPH POISSON
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 26, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 28, 2011.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
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
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 1012.79S(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 Schoo! 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;”
Filed April 26, 2011 9:52 AM Division of Administrative Hearings
JEAN-JOSEPH POISSON
dministrative 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;
Dz. 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 to “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,
“maybe you should be;”
H. Asked a male student if he “wanted some” from a particular female student,
and
I. Told students he “got a lot of action” from his wife, or words to that effect.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT1: The Respondent is in violation of Section 1012.795(1)(), 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 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 ora
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.
cath
EXECUTED on this SO" day of “ZVfan CAL, 2009.
DR. ERIC TH, as
Commissionet of Education
State of Florida
Docket for Case No: 11-002088PL
Issue Date |
Proceedings |
Jun. 28, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jun. 24, 2011 |
Request for Admissions filed.
|
Jun. 24, 2011 |
Motion to Relinquish Jurisdiction to EPC in the Absence of Any Disputed Material Facts/Motion to Compel/Motion for Sanctions filed.
|
Jun. 23, 2011 |
Order on Motion to Compel.
|
Jun. 13, 2011 |
Certificate of Non-Appearance filed.
|
Jun. 13, 2011 |
Notice of Filing.
|
May 26, 2011 |
Notice of Taking Deposition (Jean Poisson) filed.
|
May 26, 2011 |
Motion for Sanctions/Motion to Compel filed.
|
May 24, 2011 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
May 24, 2011 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
May 24, 2011 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
May 19, 2011 |
Notice of Hearing by Video Teleconference (hearing set for July 5 and 6, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 19, 2011 |
Order of Pre-hearing Instructions.
|
May 04, 2011 |
Unilateral Response to Initial Order filed.
|
Apr. 26, 2011 |
Initial Order.
|
Apr. 26, 2011 |
Election of Rights filed.
|
Apr. 26, 2011 |
Agency referral filed.
|
Apr. 26, 2011 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Apr. 26, 2011 |
Administrative Complaint filed.
|