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: Dec. 23, 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.
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Oct. 07, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Oct. 07, 2015 |
CASE STATUS: Hearing Held. |
Oct. 06, 2015 |
Notice of Court Reporter Scheduling filed.
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Oct. 02, 2015 |
Petitioner's Notice of Filing filed.
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Sep. 29, 2015 |
Petitioner's (Proposed) Exhibits filed (exhibits not available for viewing). |
Sep. 28, 2015 |
Joint Prehearing Stipulation filed.
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Sep. 28, 2015 |
Petitioners Notice of Filing of Proposed Exhibits filed.
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Sep. 10, 2015 |
Order Compelling Discovery.
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Sep. 01, 2015 |
Petitioner's Notice of Filing Exhibits to the Amended Administrative Complaint filed.
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Aug. 26, 2015 |
(Petitioner's) Motion to Compel Discovery filed.
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Jul. 22, 2015 |
Order Granting Leave to Amend.
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Jul. 22, 2015 |
Petitioner's Motion to Amend Administrative Complaint filed.
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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).
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Jul. 06, 2015 |
Joint Motion to Continue Hearing filed.
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Jun. 18, 2015 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
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Jun. 18, 2015 |
(Petitioner's) Request for Production filed.
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Jun. 18, 2015 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
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Jun. 17, 2015 |
Order of Pre-hearing Instructions.
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Jun. 17, 2015 |
Notice of Hearing by Video Teleconference (hearing set for August 19, 2015; 9:30 a.m.; Fort Myers and Tallahassee, FL).
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Jun. 17, 2015 |
Joint Response to Initial Order filed.
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Jun. 11, 2015 |
Initial Order.
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Jun. 10, 2015 |
Answer to Administrative Complaint and Election of Rights filed.
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Jun. 10, 2015 |
Notice of Appearance of Attorney and Designation of Email Address (Esmond Lewis).
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Jun. 10, 2015 |
Administrative Complaint filed.
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Jun. 10, 2015 |
Agency referral filed.
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