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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs BRIAN GERALD WINSETT, 20-004224PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004224PL Visitors: 156
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: BRIAN GERALD WINSETT
Judges: JAMES H. PETERSON, III
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Sep. 18, 2020
Status: Case in Abeyance.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 190-0928 BRIAN GERALD WINSETT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against BRIAN GERALD WINSETT. 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 1s The Respondent holds Florida Educator’s Certificate 718809, covering the area of Physical Education, which is valid through June 30, 2025. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Montford Middle School in the Leon County School District. MATERIAL ALLEGATIONS 3. In September of 2019, the Respondent’s conduct was grossly immoral when, on at least four occasions, he offered money in exchange for a sexual act. Respondent was arrested and charged with four counts of Soliciting Prostitution. On or about F ebruary 24, 2020, Respondent entered into a Deferred Prosecution Agreement on all four charges of Soliciting Prostitution, Probable Cause Letter and Administrative Complaint.-2 BRIAN GERALD WINSETT Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. 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 educatot’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 o/ day of Aaxust- , 2020. RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-3

Docket for Case No: 20-004224PL
Issue Date Proceedings
May 21, 2021 Ninth Status Report filed.
Apr. 27, 2021 Eighth Status Report filed.
Mar. 26, 2021 Seventh Status Report filed.
Mar. 11, 2021 Notice of Filing Protective Order filed.
Feb. 25, 2021 Sixth Status Report filed.
Jan. 28, 2021 Fifth Status Report filed.
Dec. 22, 2020 Fourth Status Report filed.
Nov. 30, 2020 Third Status Report filed.
Oct. 30, 2020 Status Report (redrafted) filed.
Oct. 23, 2020 Status Report filed.
Oct. 01, 2020 CASE STATUS: Status Conference Held.
Oct. 01, 2020 Order Placing Case in Abeyance (parties to advise status by October 25, 2020).
Sep. 29, 2020 Notice of Appearance (Bonnie Wilmot) filed.
Sep. 29, 2020 Notice of Telephonic Motion Hearing (motion hearing set for October 1, 2020; 11:00 a.m., Eastern Time).
Sep. 29, 2020 Respondent's First Request to Produce filed.
Sep. 29, 2020 Notice of Service of First Set of Interrogatories to Petitioner filed.
Sep. 29, 2020 Motion to Abate Proceedings filed.
Sep. 24, 2020 Agreed upon Response to Initial Order filed.
Sep. 21, 2020 Initial Order.
Sep. 18, 2020 Notice of Appearance (Mark Levine).
Sep. 18, 2020 Administrative Complaint filed.
Sep. 18, 2020 Finding of Probable Cause filed.
Sep. 18, 2020 Election of Rights filed.
Sep. 18, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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