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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs LUCIOUS E. BRYANT, 00-002766PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002766PL Visitors: 7
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: LUCIOUS E. BRYANT
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Tampa, Florida
Filed: Jul. 06, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 19, 2000.

Latest Update: Oct. 04, 2024
oo ——— wr | W . : a FLORIDA DEPARTMENT OF epucaTiont.. ED TALLAHASSEE, FLORIDA 32399-0408 : . : 0 JUL-6 PH 18 7 aut Tom Gallagher aie sina E Commissioner June 5, 2000 90-0706 pl Mr. Lucious Bryant 1252 Cannon Street Melbourne, Florida 32935 CERTIFIED MAIL RE: Finding of Probable Cause Dear Mr. Bryant: Pursuant to the provisions of Sections 331.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code Rules of the State Board of Education), ! find that probable cause exists to justify sanctions against your certificate as provided jn Sections 231 .2.62(6) and 23128(1); Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years of the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399 (850) 488-2481. Sincerely, —__oOoO .omN Tom Gallagher TGhh ENCLOSURES Plaza Level, The Capitol e Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 hitp:/ /www firn.edu/doe An affirmative action/ equal opportunity employer VU v) PILED ~ STATE OF FLORIDA 00 JUL-6 PH I: 18 EDUCATION PRACTICES COMMISSION D - TOM GALLAGHER; as naval tive Commissioner of Education, , RISO ‘Petitioner, vs. CASE NO. 990-0856-C LUCIOUS E. BRYANT, Respondent. / _ ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Lucious E. Bryant. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’ s educator 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 231.280), Florida Statutes. _ The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 599636, covering the area of Biology, which is valid through June 30, 2003. _ Atal times pertinent hereto, the Respondent was employed as 4 Science teacher at Robinson High School, in the Hillsborough County School District. MATERIAL ALLEGATIONS 3, Onor about November 8, 1999, Respondent used inappropriate discipline with 4 student by enga! ing ina physical altercation with a male student in his classroom. In response to the student repeatedly calling Respondent by his first name, Respondent put his hands around the student’ S neck, choking him, punched him in the face several times and threw him on the desk and against @ wall. On or about November 17, 1999, Respondent retired from his teaching position with the school district. eee ee WY 00 suL-6 PH (318 Lucious E. Bryant 4 OF Administrative Complaint AAAI TRALIVE ° STATURE VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(3)(C); Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 931.28(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 231.28(1)Q), 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 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 physical safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(2), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment OF disparagement. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 731.28(4), Florida Statutes, which penalty may include @ reprimand, probation, restriction of the authorized scope of practice, dministrative 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_@ TH day of 2000. Commissioner of Education, State of Florida

Docket for Case No: 00-002766PL
Issue Date Proceedings
Dec. 19, 2000 Order Closing File issued. CASE CLOSED.
Dec. 19, 2000 Letter to K. Richards from Judge Stevenson In re: enclosing transcript of final hearing sent out.
Dec. 18, 2000 Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
Dec. 18, 2000 Transcript filed.
Dec. 18, 2000 Notice of Filing - Transcript filed.
Dec. 08, 2000 Notice of Filing - subpoenas for hearing (filed via facsimile).
Dec. 04, 2000 Notice of Filing - subpoenas for hearing; Subpoena Ad Testificandum (14, filed via facsimile).
Nov. 29, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 27, 2000 Order issued (Respondent`s Motion for Dismissal is Denied).
Nov. 22, 2000 Petitioner`s Third Amended Witness List (filed via facsimile).
Nov. 22, 2000 Respondent`s Motion for Dismissal (filed via facsimile).
Nov. 21, 2000 Notice of Filing; Subpoena ad Testificandum (7, filed via facsimile).
Nov. 20, 2000 Notice of Taking Deposition (of J. Streeter, J. Shepherd, and S. Bumkin, filed via facsimile).
Nov. 20, 2000 Petitioner`s Response to Respondent`s Request for Copies of all Interrogatories (filed via facsimile).
Nov. 20, 2000 Petitioner`s Second Amended Witness List (filed via facsimile).
Nov. 17, 2000 Order issued (Respondent`s subpoena for all student records of certain designated students is quashed).
Nov. 17, 2000 Amended Notice of Taking Deposition (of R. B., filed via facsimile).
Nov. 17, 2000 Amended Notice of Taking Deposition (of J. M., filed via facsimile).
Nov. 17, 2000 Subpoena ad Testificandum (4, filed via facsimile).
Nov. 17, 2000 Notice of Filing - Subpoena Ad Testificandum (filed via facsimile).
Nov. 16, 2000 Notice of Hearing (on Motion to Enforce Discovery Rules and Objection to Respondent`s Subpoena, on Friday, November 17, 2000 at 10:00 a.m., filed via facsimile).
Nov. 16, 2000 Notice of Production from Non-Party (filed via facsimile).
Nov. 16, 2000 Petitioner`s Amended Witness List (filed via facsimile).
Nov. 16, 2000 Notice of Taking Deposition (filed via facsimile).
Nov. 16, 2000 Petitioner`s Motion to Enforce Discovery Rules and Objection to Respondent`s Subpoena (filed via facsimile).
Nov. 15, 2000 Amended Notice of Deposition (of M.L., filed via facsimile).
Nov. 13, 2000 Subpoena Duces Tecum (6, filed via facsimile).
Nov. 13, 2000 Notice of Filing - Subpoena Duces Tecum (6, filed via facsimile).
Nov. 13, 2000 Notice of Taking Deposition (of C. A. & R.B., filed via facsimile).
Nov. 13, 2000 Notice of Taking Deposition (filed by Petitioner via facsimile).
Nov. 13, 2000 Amended Notice of Deposition (filed by Petitioner via facsimile).
Nov. 09, 2000 Petitioner`s Witness List (filed via facsimile).
Nov. 09, 2000 Subpoena Duces Tecum without Deposition (2) (filed via facsimile).
Nov. 03, 2000 Notice of Deposition (filed via facsimile).
Nov. 02, 2000 Notice of Filing (subpoena for deposition and affidavit of service); Subpoena Ad Testificandum; Affidavit of Service (filed via facsimile).
Oct. 27, 2000 Case Outline filed by Respondent.
Oct. 24, 2000 Notice of Production from Non-Party (filed via facsimile).
Oct. 20, 2000 Respondent Requests Copies of All Interrogatoires in Accotdance filed.
Oct. 19, 2000 Notice of Deposition of L. Bryant (filed via facsimile).
Sep. 25, 2000 Petitioner`s First Set of Interrogatories filed.
Sep. 01, 2000 Notice of Service (filed via facsimile).
Sep. 01, 2000 Petitioner`s Request for Admissions (filed via facsimile).
Sep. 01, 2000 Petitioner`s Request for Production (filed via facsimile).
Aug. 22, 2000 Order of Pre-hearing Instructions issued.
Aug. 22, 2000 Amended Notice of Hearing issued. (hearing set for November 29 and 30, 2000; 9:00 a.m.; Tampa, FL, amended as to date and location).
Aug. 15, 2000 Ltr. to Judge M. Clark from L. Griffin In re: unavailability of L. Bryant (filed via facsimile).
Aug. 15, 2000 Ltr. to Judge M. Clark from L. Bryant In re: mutually agreed dates of hearing (filed via facsimile).
Aug. 09, 2000 Letter to C. Geitner, Rev. L. Bryant from Judge Clark (re: Mutually agreed dates for hearing) filed.
Aug. 04, 2000 Order of Pre-hearing Instructions issued.
Aug. 04, 2000 Notice of Hearing by Video Teleconference issued (video hearing set for November 16 and 17, 2000; 9:00 a.m.; Tampa and Tallahassee, FL).
Jul. 28, 2000 Notice of Appearance (filed by C. Geitner via facsimile)
Jul. 21, 2000 Amended Petitioner`s Response to Court`s Initial Order (filed via facsimile).
Jul. 21, 2000 Ltr. to L. Bryant from L. Griffin In re: Joint Response to Initial Order. (filed via facsimile)
Jul. 21, 2000 Petitioner`s Response to Court`s Initial Order (filed via facsimile).
Jul. 20, 2000 Letter to K. Richards from Judge M. Clark sent out. Re: Enclosing a copy of Respondent`s letter of response to the initial order
Jul. 19, 2000 Response to Initial Order in Letter Form. (filed by Respondent via facsimile)
Jul. 11, 2000 Initial Order issued.
Jul. 06, 2000 Election of Rights filed.
Jul. 06, 2000 Administrative Complaint filed.
Jul. 06, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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