Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: HERBERT S. KAWESCH
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Aug. 04, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 17, 2000.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA “a e & /)
EDUCATION PRACTICES COMMISSION
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TOM GALLAGHER, as liar; on
Commissioner of Education, aS OPE
Petitioner,
vs. CASE NO. 989-1640-M
HERBERT S. KAWESCH,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative
Complaint against Herbert S. Kawesch. 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
1, The Respondent holds Florida Educator’s Certificate 722322, covering the area of
Chemistry, which is valid through June 30, 2000.
2. At all times pertinent hereto, the Respondent was employed as a Science teacher at
Crystal Lake Community School, in the Broward County School District.
MATERIAL ALLEGATIONS
3. On or about February 27, 1998, Respondent acted unprofessionally toward a fellow
teacher when he physically grabbed her, and pushed her onto the floor with him over her. The victim
asked the Respondent to stop several times, but the Respondent did not stop until the victim was on
the floor pushing him away from her. Respondent had made several unwanted advances to the victim
before this incident. On or about November 23, 1998, Respondent was placed on an annual contract
rather then the professional service contract he had previously held, and transferred from his school
to another school to be away from the victim.
Herbert S. Kawesch
Administrative Complaint
Page 2 of 2
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)(i), 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(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 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 2 2 ® day of ee he 1999.
;
State of Florida
U OU
FLORIDA DEPARTMENT OF EDUCATION Se *
TALLAHASSEE, FLORIDA 32399-0400 % Ag
Tom Gallagher wept,
Commissioner ag Ca Qo
December 22, 1999
Mr. Herbert Kawesch
9870 Northwest 25th Street .
Sunrise, Florida 33322 CERTIFIED MAIL
RE: Finding of Probable Cause
Dear Mr. Kawesch:
Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule
6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that
probable cause exists to justify sanctions against your certificate as provided in Sections
231.262(6) and 231.28(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 or 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,
ENCLOSURES
Plaza Level, The Capitol © Tallahassee, Florida 32399-0400
(850) 487-1785 © Fax (850) 413-0378
http:/ /www.firn.edu/doe/doehome.htm
An affirmative action/equal opportunity employer
Docket for Case No: 00-003241PL
Issue Date |
Proceedings |
Oct. 17, 2000 |
Order Closing File issued. CASE CLOSED.
|
Oct. 16, 2000 |
Notice of Settlement (filed by Petitioner via facsimile).
|
Oct. 13, 2000 |
Motion to Remove Case from Trial Docket (filed by Petitioner via facsimile).
|
Oct. 10, 2000 |
Notice of Filing - Return of Service (3) (filed via facsimile).
|
Sep. 26, 2000 |
Petitioner`s Witness List (filed via facsimile).
|
Sep. 25, 2000 |
Notice of Filing (filed by Petitioner via facsimile).
|
Sep. 20, 2000 |
Third Amended Notice of Deposition of H. Kawesch (filed via facsimile).
|
Sep. 19, 2000 |
Order Denying Petitioner`s Motion for Continuance issued.
|
Sep. 18, 2000 |
Notice of Production from Non-Party (filed via facsimile).
|
Sep. 18, 2000 |
Petitioner`s Motion for a Continuance (filed via facsimile).
|
Sep. 18, 2000 |
Second Amended Notice of Taking Deposition of H. Kawesch (filed via facsimile).
|
Sep. 18, 2000 |
Amended Notice of Taking Deposition of D. Knowles, C. Reese (filed via facsimile).
|
Sep. 18, 2000 |
Subpoena Duces Tecum (filed via facsimile).
|
Sep. 15, 2000 |
Notice of Depositions of M. Dorvick and J. Civettini (filed via facsimile).
|
Sep. 14, 2000 |
Amended Notice of Taking Deposition of H. Kawesch (filed via facsimile).
|
Sep. 14, 2000 |
Ltr. to C. Geitner from A. Luciani In re: subpoena information (filed via facsimile).
|
Sep. 12, 2000 |
Amended Notice of Deposition, H. Kawesch (filed via facsimile).
|
Sep. 07, 2000 |
Notice of Deposition of D. Knowles and C. Reese (filed via facsimile).
|
Aug. 31, 2000 |
Notice of Production from a Non-Party (filed via facsimile).
|
Aug. 25, 2000 |
Notice of Deposition (filed via facsimile).
|
Aug. 18, 2000 |
Order of Pre-hearing Instructions issued.
|
Aug. 18, 2000 |
Notice of Hearing issued (hearing set for October 16 and 17, 2000; 9:00 a.m.; Fort Lauderdale, FL).
|
Aug. 16, 2000 |
Request for Admissions (filed by Petitioner via facsimile).
|
Aug. 16, 2000 |
Request for Production of Documents (filed via facsimile).
|
Aug. 16, 2000 |
Notice of Service (filed via facsimile).
|
Aug. 14, 2000 |
Petitioner`s Response to Court`s Initial Order (filed via facsimile).
|
Aug. 08, 2000 |
Initial Order issued. |
Aug. 07, 2000 |
Notice of Appearance (filed by C. Geitner via facsimile).
|
Aug. 04, 2000 |
Notice of Appearance (S. Burton) filed.
|
Aug. 04, 2000 |
Election of Rights filed.
|
Aug. 04, 2000 |
Administrative Complaint filed.
|
Aug. 04, 2000 |
Agency referral filed.
|