Elawyers Elawyers
Ohio| Change

DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION vs HOWARD GLASS, 13-003825PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-003825PL Visitors: 8
Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: HOWARD GLASS
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Oct. 01, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 23, 2013.

Latest Update: Feb. 08, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS. CASE NO. 112-1031 HOWARD L. GLASS, Respondent. ; / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commtissioner of Education, files this Administrative Complaint against HOWARD L. GLASS. 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 saiictions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes, The Petitioner alleges: JURISDICTION L. The Respondent holds Florida Educator’s Certificate 722346, covering the areas of Biology, Chemistry, Mathematics and Gifted, which is’valid through June 30, 2014. Jorge Mas Canosa Middle School in the Miami-Dade County School District, 2 Atall times pertinent hereto, the Respondent was employed as a Science Teacher at MATERIAL ALLEGATIONS 3, During the 2010-2011 school year, Respondent engaged in inappropriate conduct by: (a) staring at 7" grade fémale students’ breasts and buttocks; (b) making commients to 7" grade female students such as: “Dama”, “Nice ass”, “I see a big ass there”, “You have a nice ass” or other expressions to that effect; (c) making obscene gestures with a classroom microphone, such as sirmulation of HOWARD L. GLASS Administrative Complaint Page 2 of 4 masturbation and fellatio; 4, 33 ce (d) calling 7" grade male students “dick”,“gay”, or words to that effect; (e) showing the movie‘Meet the Fockers” to a class of 7" grade students and commenting: that a scene where a woman exposes her breasts was Respondent’s “favorite part”; (£) offering extra credit or soda to students who loaned him money; (g) selling sodas to students in the classroom during school hours; (h) soliciting and receiving loans from students and members of the faculty at school during school hours; and (i) holding a private conversation with a female student in the schoo! hallway and encouraging her to lie to the administration with respect to an ongoing investigation, in which Respondent was the subject. Ih October 2012, Miami-Dade County School Board accepted Respondent’s resignation in lieu of termination. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(1)(d), Flotida 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)(g), Florida Statutes, im that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: The Respondentis 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 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 HOWARD L. GLASS Administrative Complaint Page 3 of 4 and/or physical health and/or safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 7: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated, COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) HOWARD L. GLASS 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 reconamends 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 Resporident to erroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of tinie 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 Z(g49 day of Rbenary 2013. Sem DR. TONY BENNETT, as ~ Commissioner of Education State of Florida

Docket for Case No: 13-003825PL
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer