STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

GERARD ROBINSON, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 101-0195

DJEMSDON,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Gerard Robinson, .as Commissioner of Education, files this Administrative Complaint against DJEMS DON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificatepursuanttoSections 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 998992, covering the area of

   Social Science, which is valid through June 30, 2013.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Carver Middle School in the Orange County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about June 13, 2011, in Osceola County, Florida, Respondent pled nolo contendere to, and the court adjudicated him guilty of Aggravated Battery with a Deadly Weapon or Causing Great Bodily Harm.

   
   

4. Pursuant to Section l 012.315(1)(g), Florida Statutes, the Respondent is ineligible for teacher ce1tification because he has been convicted of an offense prohibited under Section 784.045, Florida Statutes.

   
   

   Filed May 17, 2012 9:34 AM Division of Administrative Hearings

   DJEMSDON

   Administrative Complaint

   Page 2 of3

   
   

5. Pursuant to Section 1012.795(2), Florida Statutes, the decision of guilty by a court is prima facie proof of grounds for revocation of the teaching certificate.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(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 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation.

COUNT 3: The Respondent is subject to Section 1012.795(l)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes.

(SIGNATURE ON FOLLOWING PAGE)

DJEMSDON

Administrative Complaint

Page 3 of3

WHERE.FORE, based on the reasons set forth herein and in accordanc.c 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; restiicting 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 pe1111anently.

EXECUTED 011 this t_c:,+h day of N Du 1,.(1(,..b/, 2011.

GERARD ROBINS N, as

Commissioner of Education State of Florida

Docket for Case No: 12-001797PL