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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs HENRY L. LAMB, 00-002769PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002769PL Visitors: 9
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: HENRY L. LAMB
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 06, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 24, 2000.

Latest Update: Jul. 08, 2024
coda stent ee bee ade be A ton, a aoe we an) e coe “TLED STATE OF FLORIDA 00 JUL — _ EDUCATION PRACTICES COMMISSION “6 PH It{7 DIVISION ADHINISTRATIVE TOM GALLAGHER, as ; HEARINGS Commissioner of Education, Petitioner, ; (OO - a Tb g F Le vs. CASE NO. 989-2240-M FENRY L. LAMB, Respondent. ee ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Henry L. Lamb. 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 el The Respondent holds Florida Educator’s Certificate 295943, covering the area of Social Science, which ig valid through June 30, 2003. seins 2, Atall times pertinent hereto, the Respondent was employed as an Economics teacher at Miami Springs Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS ae ‘During summer school of 1998, Respondent engaged in inappropriate behavior with \ student, M.C., in that he rubbed her shoulder and made inappropriate comments about the slegs. ; . PEE 4, During November of 1998, Respondent engaged in inappropriate behavior toward a female student, M.C., in that while she was walking down the hall in school, he grabbed her by the arm and rubbed it as he told her that he, “really, really liked” her. As the student pulled away, he kissed her on the side of her mouth. On or about May 3, 1999, Respondent received a letter of reprimand from the principal of the school where he taught. aera en Henry Lamb Administrative Complaint . 20f2 5. Respondent received an overall rating of “unacceptable” on his 1998-1999 Annual Evaluation. 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 set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in the Respondent has been the subject of a court order directing the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS RE COUNT 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.0063)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecéssary embarrassment or 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 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, pefiianent 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. SSRARA atti: wn... EXECUTED on this a day of fem 2000. surest ean State of Florida

Docket for Case No: 00-002769PL
Issue Date Proceedings
Oct. 24, 2000 Order Closing File issued. CASE CLOSED.
Oct. 18, 2000 Petitioner`s Motion to Abate/Relinquish Jurisdiction to the Education Practices Commission (filed via facsimile).
Oct. 16, 2000 Notice of Taking Deposition of M. Cahuasqui (filed via facsimile).
Oct. 10, 2000 Petitioner`s Notice of Filing Joint Pretrial Stipualtion (filed via facsimile).
Oct. 09, 2000 Respondent`s Answer to Request for Production (filed via facsimile).
Oct. 09, 2000 Notice of Filing Answers to Petitioner`s First Set of Interrogatories to Respondent (filed via facsimile).
Aug. 28, 2000 Request for Subpoenas (15) filed.
Aug. 16, 2000 Notice of Hearing issued (hearing set for October 24 and 25, 2000; 9:00 a.m.; Miami, Fl).
Aug. 16, 2000 Order of Pre-hearing Instructions issued.
Aug. 15, 2000 Notice of Appearance (filed by C. Whitelock via facsimile).
Aug. 15, 2000 Joint Response to Initial Order (filed via facsimile).
Aug. 08, 2000 Order to Provide Information issued.
Jul. 24, 2000 Order Extending Time to File Response to Initial Order sent out.
Jul. 19, 2000 Motion to Abate (Petitioner) filed.
Jul. 11, 2000 Initial Order issued.
Jul. 06, 2000 Letter to H. Lamb from T. Gallagher re: finding of probable cause filed.
Jul. 06, 2000 Notice of Appearance (by L. Meek) filed.
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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