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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs JOHN P. DEMPSEY, 20-002257PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002257PL Visitors: 18
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: JOHN P. DEMPSEY
Judges: LINZIE F. BOGAN
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: May 12, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 2, 2020.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2739 JOHN P. DEMPSEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against JOHN P. DEMPSEY. 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 1112511, covering the areas of English and Social Science, which is valid through June 30, 2023. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Boone High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2017-2018 school year, Respondent engaged in confusing and inappropriate conduct towards students, including but not limited to: Allowing students to call him dad or daddy Kissing students on their forehead or cheek, or hugging them. Using punitive measures in the form of physical exercise. Showing favoritism to certain students. Using words such as baby and sweetheart when addressing students. Sao Sp AC-2 JOHN P. DEMPSEY Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, 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. 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 5 dayof_ Geptember _, 2019. MMi RICHARD CORCORAN, as Commissioner of Education State of Florida AC-3

Docket for Case No: 20-002257PL
Issue Date Proceedings
Oct. 02, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 01, 2020 Notice of Cancellation of Depositions filed.
Oct. 01, 2020 Joint Motion to Close File filed.
Sep. 21, 2020 Notice of Taking Deposition via Zoom Video Conferencing filed.
Jul. 27, 2020 Order Denying Motion for Rehearing.
Jul. 17, 2020 Petitioner's Response to Respondent's Motion for Rehearing filed.
Jul. 17, 2020 Certificate of Service of Petitioner's Response to Respondent's Interrogatories and Respondent's Request for Production of Documents filed.
Jul. 15, 2020 Petitioner's Exhibit List filed.
Jul. 15, 2020 Petitioner's Witness List filed.
Jul. 14, 2020 Motion for Rehearing filed.
Jul. 13, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for October 13 through 15, 2020; 9:30 a.m.; Tallahassee).
Jul. 10, 2020 Order Allowing Use of Witness Depositions at Trial.
Jul. 10, 2020 Order Denying Motion to Dismiss Administrative Complaint.
Jul. 09, 2020 CASE STATUS: Status Conference Held.
Jul. 09, 2020 Joint Motion to Continue Final Hearing filed.
Jul. 07, 2020 Supplemental Notice of Taking Videotaped Depositions via Zoom Video Conferencing filed.
Jul. 07, 2020 Respondent's Supplemental Unopposed Motion to Take Video Deposition of Camryn Anderson and Jack Rummler for Use at Trial in Lieu of Live Testimony filed.
Jul. 07, 2020 Amended Notice of Taking Deposition Duces Tecum via Video Conference (Casey Piquero, FCRM) filed.
Jul. 06, 2020 Notice of Taking Deposition Duces Tecum via Video Conference filed.
Jul. 02, 2020 Notice of Telephonic Case Management Conference (status conference set for July 9, 2020; 2:00 p.m.).
Jul. 02, 2020 Petitioner's Response to Respondent's Motion to Dismiss Administrative Complaint filed.
Jul. 01, 2020 Joint Notice of Availability for Case Management Hearing filed.
Jul. 01, 2020 Notice of Taking Videotaped Deposition via Zoom Video Conferencing filed.
Jul. 01, 2020 Respondent's Unopposed Motion to Take Video Deposition of Isis Miller for Use at Trial in Lieu of Live Testimony filed.
Jun. 23, 2020 Respondent's Certificate of Service of Answers to Discovery filed.
Jun. 10, 2020 Motion to Dismiss Administrative Complaint filed.
Jun. 10, 2020 Respondent's Certificate of Service of Discovery filed.
May 26, 2020 Certificate of Service of Discovery filed.
May 22, 2020 Order of Pre-hearing Instructions.
May 22, 2020 Notice of Hearing by Video Teleconference (hearing set for August 3 and 4, 2020; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
May 19, 2020 Petitioner's Response to Initial Order filed.
May 13, 2020 Initial Order.
May 12, 2020 Notice of Appearance (Tobe Lev).
May 12, 2020 Administrative Complaint filed.
May 12, 2020 Order Finding Probable Cause filed.
May 12, 2020 Election of Rights filed.
May 12, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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