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PAM STEWART, AS COMMISSIONER OF EDUCATION vs CLINTON W. MITCHELL, 16-000406PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000406PL Visitors: 18
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: Jun. 04, 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.
Source:  Florida - Division of Administrative Hearings

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