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PAM STEWART, AS COMMISSIONER OF EDUCATION vs DON CROMER, 16-001394PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001394PL Visitors: 16
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.
Jul. 05, 2016 Notice of Voluntary Dismissal (Amended as to Case #) filed.
Jul. 05, 2016 Notice of Voluntary Dismissal filed.
Jun. 27, 2016 Petitioner's Exhibit List filed.
Jun. 27, 2016 Petitioner's Witness List filed.
Jun. 27, 2016 Notice of Ex-parte Communication.
Jun. 27, 2016 Petitioner's Notice of Service of Response to Respondent's Request for Discovery filed.
Jun. 21, 2016 (Petitioner's) Motion to Quash Subpoena Duces Tecum filed.
Jun. 13, 2016 Notice of Taking Deposition (of Don Cromer) filed.
Jun. 09, 2016 Order Granting Motion to Withdraw as Counsel.
Jun. 02, 2016 Motion to Withdraw as Counsel (for Respondent) filed.
May 26, 2016 Notice of Serving Response to Petitioner's First Request for Admissions to Respondent filed.
May 26, 2016 Notice of Serving Respondent's Answers to Petitioner's First Set of Interrogatories to Petitioner filed.
May 26, 2016 Notice of Serving Respondent's Responses to Petitioner's First Request for Production of Documents to Respondent filed.
Apr. 28, 2016 Amended Order of Pre-hearing Instructions.
Apr. 28, 2016 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 14, 2016; 9:00 a.m.; Ocala, FL).
Apr. 22, 2016 Unopposed Motion for Continuance of May 26th Telphonic Hearing and the May 4th Pre-hearing Conference filed.
Apr. 21, 2016 Notice of Appearance (Steve Rossi) filed.
Mar. 25, 2016 Notice of Telephonic Pre-hearing Conference (set for May 4, 2016; 10:00 a.m.).
Mar. 25, 2016 Order of Pre-hearing Instructions.
Mar. 25, 2016 Notice of Hearing (hearing set for May 26, 2016; 9:00 a.m.; Ocala, FL).
Mar. 23, 2016 Petitioner's Amended Response to Initial Order filed.
Mar. 22, 2016 Certificate of Service of Discovery filed.
Mar. 22, 2016 Petitioner's Response to Initial Order filed.
Mar. 15, 2016 Initial Order.
Mar. 15, 2016 Election of Rights filed.
Mar. 15, 2016 Administrative Complaint filed.
Mar. 15, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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