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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs WILLIE R. CANNON, 00-000388 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000388 Visitors: 4
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: WILLIE R. CANNON
Judges: ERROL H. POWELL
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 24, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 15, 2000.

Latest Update: Jan. 26, 2025
U Nw STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ; i 4 8 TOM GALLAGHER, as Commissioner of Education, CO OO¢8O Petitioner, Vu. CASE NO. 978-2006-M. ‘WILLIE R. CANNON, Respondent. AD. Ss TIVE COMPLAINT , i Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Willie R. Cannon. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, i and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for so the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. H The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 351174, covering the areas of Physical Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teacher at Miami Southridge High School, in the Dade County School District. MATERIAL ALLEGATIONS 3. During the 1996-1997 and 1997-1998, school years Respondent violated school policies when he organized fund-raising activities for athletic teams, and failed to deposit any of the funds into school accounts. Respondent used the funds for his own-purposes. On or about January 4, 1996, Respondent received a written directive that he was not to hold any more fund raising activities. Instead, Respondent continued to hold fund-raising activities and continued to deposit the funds into his personal checking account in direct violation of the school policy and the directives of Willie R. Cannon Administrative Complaint Page 2 of 2 his Principal. On or about January 23, 1998, Respondent was reassigned to a different school as a Physical Education teacher. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section ,231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this ze day of [Deen , 1999, Commissioner of Education, State of Florida

Docket for Case No: 00-000388
Issue Date Proceedings
Aug. 15, 2000 Order Closing File issued. CASE CLOSED.
Apr. 19, 2000 Order Placing Case in Abeyance sent out. (Parties to advise status by June 21, 2000)
Apr. 13, 2000 Petitioner`s Motion to Abate/Relinquish Jurisdiction to the Education Practice Commission (filed via facsimile).
Mar. 14, 2000 Order Granting Extension of Time sent out. (parties shall file their response to initial order by 3/20/2000)
Mar. 09, 2000 Joint Response to Initial Order (filed via facsimile).
Feb. 29, 2000 Petitioner`s Motion for Extension of Time in Which to File Response to Initial Order (filed via facsimile).
Feb. 29, 2000 Amended Initial Order sent out. (RE: C. Whitelock never received initial order)
Feb. 10, 2000 (Charles Whitelock) Notice of Appearance (filed via facsimile).
Jan. 27, 2000 Initial Order issued.
Jan. 24, 2000 Notice of Appearance (C. Whitelock).
Jan. 24, 2000 Administrative Complaint filed.
Jan. 24, 2000 Election of Rights filed.
Jan. 24, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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