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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KANDRICK JAMAAL BARNES, 15-003334PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003334PL Visitors: 28
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KANDRICK JAMAAL BARNES
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Jun. 10, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 7, 2015.

Latest Update: Jun. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 134-1793 KANDRICK JAMAAL BARNES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KANDRICK JAMAAL BARNES. 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 6A-10.081, 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 996661, covering the areas of Educational Leadership, Business Education and Exceptional Student Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Fort Myers Middle Academy in the Lee County School District. MATERIAL ALLEGATIONS 4 3. On or about October 25, 2013, Respondent, in the presence of students and staff, verbally and physically intimidated Mirlene Joseph (Joseph), a. female, paraprofessional on Respondent’s school’s staff. On this date, Respondent forcefully grabbed Joseph by the arm, pulled her hair with enough force to cause her head to jerk back, and pushed her. Additionally, Respondent yelled at Joseph using profanity in a threatening manner including but not limited to, “Do not fuek with me or I will beat your ass,” or words to that effect. KANDRICK JAMAAL BARNES Administrative Complaint Page 2 of 3 4, On or about November 18, 2013, Respondent resigned in lieu of termination from his teaching position with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 2: 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 3: 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 and/or physical health and/or safety. COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) KANDRICK JAMAAL BARNES 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 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 7% — dayof_Marnckm _, 2015. — Lewes PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-003334PL
Issue Date Proceedings
Oct. 15, 2015 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1-13 to Petitioner.
Oct. 07, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 07, 2015 CASE STATUS: Hearing Held.
Oct. 06, 2015 Notice of Court Reporter Scheduling filed.
Oct. 02, 2015 Petitioner's Notice of Filing filed.
Sep. 29, 2015 Petitioner's (Proposed) Exhibits filed (exhibits not available for viewing).
Sep. 28, 2015 Joint Prehearing Stipulation filed.
Sep. 28, 2015 Petitioners Notice of Filing of Proposed Exhibits filed.
Sep. 10, 2015 Order Compelling Discovery.
Sep. 01, 2015 Petitioner's Notice of Filing Exhibits to the Amended Administrative Complaint filed.
Aug. 26, 2015 (Petitioner's) Motion to Compel Discovery filed.
Jul. 22, 2015 Order Granting Leave to Amend.
Jul. 22, 2015 Petitioner's Motion to Amend Administrative Complaint filed.
Jul. 07, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 7, 2015; 9:30 a.m.; Fort Myers, FL).
Jul. 06, 2015 Joint Motion to Continue Hearing filed.
Jun. 18, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jun. 18, 2015 (Petitioner's) Request for Production filed.
Jun. 18, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jun. 17, 2015 Order of Pre-hearing Instructions.
Jun. 17, 2015 Notice of Hearing by Video Teleconference (hearing set for August 19, 2015; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Jun. 17, 2015 Joint Response to Initial Order filed.
Jun. 11, 2015 Initial Order.
Jun. 10, 2015 Answer to Administrative Complaint and Election of Rights filed.
Jun. 10, 2015 Notice of Appearance of Attorney and Designation of Email Address (Esmond Lewis).
Jun. 10, 2015 Administrative Complaint filed.
Jun. 10, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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