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PAM STEWART, AS COMMISSIONER OF EDUCATION vs PAUL BIGHAM, 14-002692PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002692PL Visitors: 10
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: PAUL BIGHAM
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: St. Petersburg, Florida
Filed: Jun. 10, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 2, 2014.

Latest Update: Jul. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Comiunissioner of Education, Petitioner, VS. CASE NO. 101-2485 PAUL DANIEL BIGHAM, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against PAUL DANIEL BIGHAM. 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 Bducator’s Certificate 765767, covering the areas of Educational Media Specialist and Elementary Education, which is valid through June 30, 2013, 2 Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Fairmount Park Elementary School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. During the 2010-201 1 school year, the Respondent engaged in inappropriate conduct towards students. Specifically, the Respondent: (a) used profanity in the presence of and directed towards students, The Respondent used the words “fuck,” “hell,” “shit,” “damn,” and “bitch:” (b) made disparaging comments to students. The Respondent told students that they would not go to college but would “end up working at McDonalds” or “end up PAUL DANIEL BIGHAM Administrative Complaint Page 2 of 3 working at a gas station” or words fo that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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, (SIGNATURE ON FOLLOWING PAGE) PAUL DANIEL BIGHAM 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 attache; Administrative Complaint, Petitioner respectfully recommen Commission impose an appropriate sanction against the Responden d to and made a part of this s that the Education Practices t’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 coinbination of the following: issuing the Respondent a written re rimand; 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 Res Network Program; suspending the Respondent’s educator’s certi pondent to enroll in the Recovery ficate 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 ineligib e 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 oth day of Rod , 2012. enn. GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 14-002692PL
Issue Date Proceedings
Sep. 02, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 02, 2014 Petitioner's Unopposed Motion to Close File filed.
Aug. 08, 2014 (Respondent's) Notice of Taking Depositions filed.
Aug. 07, 2014 Respondent's Responses to Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 07, 2014 Respondent's Responses to Petitioner's First Request for Admissions filed.
Aug. 06, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 16, 2014; 9:00 a.m.; St. Petersburg, FL).
Aug. 06, 2014 Respondent's Unopposed Motion for Continuance filed.
Aug. 05, 2014 Petitioner's (Proposed) Exhibit List filed.
Aug. 05, 2014 Petitioner's Witness List filed.
Jul. 16, 2014 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Jul. 07, 2014 Certificate of Service of Discovery filed.
Jun. 16, 2014 Order of Pre-hearing Instructions.
Jun. 16, 2014 Notice of Hearing by Video Teleconference (hearing set for August 20, 2014; 9:00 a.m.; St. Petersburg and Tallahassee, FL).
Jun. 12, 2014 Joint Response to Initial Order filed.
Jun. 11, 2014 Initial Order.
Jun. 10, 2014 Letter to Paul Bigham from Gretchen Brantley regarding request for hearing filed.
Jun. 10, 2014 Administrative Complaint filed.
Jun. 10, 2014 Election of Rights filed.
Jun. 10, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 10, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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