Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DON CROMER
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Ocala, Florida
Filed: Mar. 15, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 5, 2016.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 134-2316
DON MITCHELL CROMER,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint agains) DON MITCHELL CROMER, 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 F lorida,
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 510415, covering the area of
Music, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a Band Director
Teacher at Fort McCoy Middle School in the Marion County Schoo! District.
MATERIAL ALLEGATIONS
3. During January 2014, the Respondent accessed inappropriate and adult material
on his computer. Specifically, the Respondent during his planning period, searched and viewed
“Jennifer Aniston Millers Nipple” or words to that affect, and the Respondent, during class time
allowed middle school students to be exposed to an inappropriate bikini contest photo,
4. On or about January 15, 2014, the Respondent resigned his position with the
Marion County School District.
DON MITCHELL CROMER
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: 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 schoo! board.
COUNT 2: The Respondent is in violation of Section 1012.795(1)G), 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
DON MITCHELL CROMER
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 inchide, 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_2.2.™ day ot__ June , 2015.
Ly —peceerf
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-001394PL
Issue Date |
Proceedings |
Jul. 05, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Jul. 05, 2016 |
Notice of Voluntary Dismissal (Amended as to Case #) filed.
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Jul. 05, 2016 |
Notice of Voluntary Dismissal filed.
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Jun. 27, 2016 |
Petitioner's Exhibit List filed.
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Jun. 27, 2016 |
Petitioner's Witness List filed.
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Jun. 27, 2016 |
Notice of Ex-parte Communication.
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Jun. 27, 2016 |
Petitioner's Notice of Service of Response to Respondent's Request for Discovery filed.
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Jun. 21, 2016 |
(Petitioner's) Motion to Quash Subpoena Duces Tecum filed.
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Jun. 13, 2016 |
Notice of Taking Deposition (of Don Cromer) filed.
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Jun. 09, 2016 |
Order Granting Motion to Withdraw as Counsel.
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Jun. 02, 2016 |
Motion to Withdraw as Counsel (for Respondent) filed.
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May 26, 2016 |
Notice of Serving Response to Petitioner's First Request for Admissions to Respondent filed.
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May 26, 2016 |
Notice of Serving Respondent's Answers to Petitioner's First Set of Interrogatories to Petitioner filed.
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May 26, 2016 |
Notice of Serving Respondent's Responses to Petitioner's First Request for Production of Documents to Respondent filed.
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Apr. 28, 2016 |
Amended Order of Pre-hearing Instructions.
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Apr. 28, 2016 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for July 14, 2016; 9:00 a.m.; Ocala, FL).
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Apr. 22, 2016 |
Unopposed Motion for Continuance of May 26th Telphonic Hearing and the May 4th Pre-hearing Conference filed.
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Apr. 21, 2016 |
Notice of Appearance (Steve Rossi) filed.
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Mar. 25, 2016 |
Notice of Telephonic Pre-hearing Conference (set for May 4, 2016; 10:00 a.m.).
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Mar. 25, 2016 |
Order of Pre-hearing Instructions.
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Mar. 25, 2016 |
Notice of Hearing (hearing set for May 26, 2016; 9:00 a.m.; Ocala, FL).
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Mar. 23, 2016 |
Petitioner's Amended Response to Initial Order filed.
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Mar. 22, 2016 |
Certificate of Service of Discovery filed.
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Mar. 22, 2016 |
Petitioner's Response to Initial Order filed.
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Mar. 15, 2016 |
Initial Order.
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Mar. 15, 2016 |
Election of Rights filed.
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Mar. 15, 2016 |
Administrative Complaint filed.
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Mar. 15, 2016 |
Agency referral filed.
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