Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CLINTON W. MITCHELL
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 26, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 22, 2016.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 112-2532
CLINTON W. MITCHELL,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against CLINTON W.-MITCHELI... 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 1151619, covering the area
of English, which was valid through June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as an English Teacher
at Miami Carol City Senior High School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3, On or about January 9, 2012, Respondent made inappropriate statements to his
class, including: “stop fucking playing with me,” “I can cuss as much as I fucking want to,” “do
my fucking work,” and “they pull those answers out of their ass anyway,” or words to that effect.
4. Respondent’s use of profanity made some students feel uncomfortable or
embarrassed.
CLINTON W. MITCHELL
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: The Respondent is in violation of Section 1012.795(1)(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)(j), 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 maké 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()(e), Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
CLINTON W. MITCHELL
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 Hmited
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 Pragram; 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 /S. day of _ouy , 2014.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-000406PL
Issue Date |
Proceedings |
Mar. 22, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 22, 2016 |
Petitioner's Notice of Case Status filed.
|
Mar. 14, 2016 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 4, 2016; 9:00 a.m.; Miami, FL).
|
Mar. 14, 2016 |
Order to Show Cause.
|
Mar. 14, 2016 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts or Alternatively Motion to Compel filed.
|
Feb. 10, 2016 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Feb. 10, 2016 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Feb. 10, 2016 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Feb. 10, 2016 |
Order of Pre-hearing Instructions.
|
Feb. 10, 2016 |
Notice of Hearing by Video Teleconference (hearing set for March 16, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 09, 2016 |
Notice of Transfer.
|
Feb. 03, 2016 |
Unilateral Response to Initial Order filed.
|
Jan. 26, 2016 |
Initial Order.
|
Jan. 26, 2016 |
Administrative Complaint filed.
|
Jan. 26, 2016 |
Election of Rights filed.
|
Jan. 26, 2016 |
Agency referral filed.
|