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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs WILLIE C. GREEN, 00-001057 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001057 Visitors: 27
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: WILLIE C. GREEN
Judges: ELLA JANE P. DAVIS
Agency: Department of Education
Locations: Quincy, Florida
Filed: Mar. 09, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 16, 2000.

Latest Update: Jul. 07, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ‘TOM GALLAGHER, as Commissioner of Education, Petitioner, 6 O e / 6S 7 vs. CASE NO. 978-2274-C WILLIE C. GREEN, | ser je ipeany manner coating --Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Willie C. Green. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION ae 1. _ The Respondent holds Florida Educator’ s Certificate 416928, covering the area of “English, which is valid through June 30, 2002. ; 2. “Atall times pertinent ‘hereto, ‘the Respondent : was employed as an English teacher at : Havana Northside School, in the Gadsden County School District. MATERIAL ALLEGATIONS 3. During the 1989-1990 school year, Respondent had sexual intercourse with a female ‘student, DB. On or about July 30, 1990, the female student gave birth to a female child fathered by .. Respondent. 4. During the 1997-1998 school year, Respondent engaged in inappropriate behavior with students. For example, Respondent sexually harassed a minor female student, T.W., by requiring her to sit in front of him in class. Respondent made sexually suggestive remarks about how good looking she was, how she was sexually attractive had how he wanted to have sex with her. Willie C. Green Administrative Complaint Page 2 of 3 Respondent sexually harassed several other students attempting to have dates with them. Respondent physically attacked several male students, K.H. and E.T. Respondent struck and kicked the students. Respondent also taunted several male students suggesting to them in front of other students that he had sexual relations with their sisters. On or about September 11, 1997, Respondent was involved in an altercation with a male student that began when Respondent pulled the student down the _ bleachers by his legs causing him to-hit his head. 5. While teaching at Havana Northside Highschool Respondent sexually harassed several female teachers and staff and otherwise behaved inappropriately when he had several photographs of female teachers that focused only upon their breasts or buttocks. Respondent kept such” photographs upon his desk in the school. - 6. + While teaching at Northside High School, Respondent allowed a student to give grades in one of his classes, allowed the student to conduct the class, changed grades for non © academic reasons, and manipulated the grades of students because of disagreements with students about his treatment of them, or for other reasons not related to the quality of their school work. 7. On or about June 24, 1999, Respondent was involved in misconduct when he struck -a female student, L.K., on her arm and pinched her. During the same period Respondent also used a cellular phone while he was in the class. . STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct s set ¢ forth herein a are in n violation of Section ~231,28(1)(®), 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 3: ‘The allegations of misconduct set forth herein are in violation of Section 23 1.28(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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1 006(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 aphyical safety. Py Se oWerswesperer ree uv! y Willie C. Green Administrative Complaint. COUNT 5: The ellegations « of misconduct set forth herein are in violation of Rule 6B- ' 1,006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to ~cumnecessary embarrassment or disparagement. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3){g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, or social and family background and has failed to make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a "student for personal gain or advantage. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- Al, 006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or _ discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. WHEREFORE, the Petitioner recommends that the Education Practices Commission i impose ‘an appropriate penalty pursuant to the authority provided i 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 accordan¢e with the Explanation and Election of Rights forms which are attached hereto and made a t part hereof by reference. EXECUTED on his zai dayof_ Woe AW 1999, TOM GALLAGHER, as Commissioner | of Education, State of Florida “Page3‘of3 i | : ve a ob od “| ft oF frre aere aecrnestrer sy preivar npr eegkage tte :

Docket for Case No: 00-001057
Issue Date Proceedings
Aug. 23, 2000 Verified Return of Service (17); Subpoena Ad Testificandum (15) filed.
Aug. 18, 2000 (2) Subpoena ad Testificandum; (2) Verified Return of Service filed.
Aug. 16, 2000 Order Closing File issued. CASE CLOSED.
Aug. 15, 2000 Joint Motion to Remand and Motion to Cancel Formal Hearing (filed via facsimile).
Aug. 15, 2000 Amendment to Respondent`s Witness List filed.
Aug. 15, 2000 Amendment to Respondent`s Witness List filed.
Aug. 15, 2000 Verified Return of Service (3); Subpoena Ad Testificandum (3) filed.
Aug. 11, 2000 Joint Pre-Trial Stipulation filed.
Aug. 08, 2000 Notice of Taking Deposition-G. Everett filed.
Jul. 25, 2000 Verified Return of Service (5); Subpoena Ad Testificandum (5)filed.
Jul. 21, 2000 Petitioner`s Notice of Service of Supplemental Answers to Respondent`s Interrogatories Dated March 27, 2000 filed.
Jul. 17, 2000 Subpoena ad Testificandum; Verified Return of Service filed.
Jul. 17, 2000 (Respondent) Amended Notice of Taking Deposition filed.
Jul. 05, 2000 Notice of Taking Deposition-A. Keller, K. McWilliams filed.
Jun. 29, 2000 Notice of Taking Deposition-H. Stivers filed.
May 30, 2000 Notice of Serving Answers to Interrogatories (Respondent) filed.
May 23, 2000 Respondent, Willie C. Green Response to Petitioner`s First Request for Production of Documents filed.
May 05, 2000 Order of Pre-Hearing Instructions sent out.
May 05, 2000 Notice of Hearing sent out. (hearing set for August 16 through 18, 2000; 10:30 a.m.; Quincy, FL)
Apr. 27, 2000 Petitioner`s Notice of Service of Answers to Respondent`s Interrogatories Dated March 27, 2000 filed.
Apr. 27, 2000 Petitioner`s Response to Respondent`s First Request for Production of Documents filed.
Apr. 27, 2000 Petitioner`s Response to Order for more Definite Statement filed.
Apr. 11, 2000 Order Granting Motion for More Definite Statement sent out. (petitioner shall inform respondent of specific incidents petitioner intends to prove at hearing)
Mar. 30, 2000 Respondent`s Request fro Production of Documents filed.
Mar. 30, 2000 Motion for More Definite Statement filed.
Mar. 30, 2000 Petitioner`s Response to Respondent`s Motion for More Definite Statement filed.
Mar. 30, 2000 (Respondent) Notice of Serving Interrogatories filed.
Mar. 24, 2000 Petitioner`s First Request for Production of Documents filed.
Mar. 24, 2000 Respondent`s Response to Initial Order filed.
Mar. 24, 2000 (Petitioner) Notice of Service of Interrogatories filed.
Mar. 15, 2000 Initial Order issued.
Mar. 13, 2000 (H.B. Stivers) Notice of Appearance of Counsel of Record for Respondent filed.
Mar. 09, 2000 Memorandum 2 filed.
Mar. 09, 2000 Memorandum filed.
Mar. 09, 2000 Election of Rights filed.
Mar. 09, 2000 Administrative Complaint filed.
Mar. 09, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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