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: Apr. 11, 2025
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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
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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.
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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).
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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.
|