Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: FREDERICK C. LEMIESZ
Judges: MARY CLARK
Agency: Department of Education
Locations: St. Petersburg, Florida
Filed: Aug. 24, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 1, 2000.
Latest Update: Aug. 19, 2024
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TOM GALLAGHER, as ME ARPA ry
Commissioner of Education, & E
Petitioner,
vs. , CASE NO. 967-1415-D
FREDERICK C. LEMIESZ,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative
Complaint against Frederick C. Lemiesz. 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 442856, covering the areas of
Vocational(Culinary), which is valid through June 30, 2004.
2. At all times pertinent hereto, the Respondent was employed as a Culinary Arts teacher
at PTEC St Petersburg, in‘the Pinellas County School District.
MATERIAL ALLEGATIONS
3. During the 1996-1997 school year, Respondent attempted to enter an inappropriate
relationship with a minor female student when he gave her gifts, tried to arrange for her to have
photographs made at his expense, asked her to go sailing with him and made flattering remarks to her
and told her she had the spirit in her of a dead ex-girlfriend of his. On or about February 6, 1997,
Respondent was suspended without pay. Respondent was reinstated to his position with the
conditions that he submit to psychological testing, and biweekly counseling for six months and the
school board would be able to review the results to determine his fitness to continue in his teaching
job. :
’ ad U
Frederick C. Lemiesz
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)(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 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(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-
1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to
unnecessary embarrassment or disparagement.
COUNT 5: 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.
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 22 wu day of x oe ae , 1999.
Ver
TOM G as
Commissioner of Education,
State of Florida
| ; VY YW
: FLORIDA DEPARTMENT OF EDUCATION F H { be
TALLAHASSEE, FLORIDA 32399-0400 feng UT
DV is ou,
| Tom Gallagher ADMIN < (fi UF
Commissioner HEA RNA! VE
December 22, 1999
Mr. Frederick Lemiesz
230 53rd Street South :
St. Petersburg, Florida 33707 CERTIFIED MAIL
RE: Finding of Probable Cause
Dear Mr. Lemiesz:
| Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule
F 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,
E 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
i Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399,
(850) 488-2481
| ; Sincerely,
Yew
Tom Ga er
TG/jh
ENCLOSURES
| Plaza Level, The Capitol Tallahassee, Florida 32399-0400
(850) 487-1785 * Fax (850) 413-0378
http:/ /www.fim.edu/doe/doehome.htm
An affirmative action/equal opportunity employer
Docket for Case No: 00-003518PL
Issue Date |
Proceedings |
Nov. 01, 2000 |
Letter to K. Richards from Judge M. Clark In re: enclosing transcript of proceedings and Order Closing File issued. CASE CLOSED.
|
Oct. 27, 2000 |
Notice of Settlement (filed by Petitioner via facsimile).
|
Oct. 09, 2000 |
Petitioner`s Index to Transcript of Record from DOAH Case #96-3253 (filed via facsimile).
|
Oct. 02, 2000 |
Transcript (Volume 1) filed. |
Oct. 02, 2000 |
Notice of Filing-transcript filed by B. Taylor.
|
Sep. 29, 2000 |
Order issued. (Petitioner shall file with DOAH the transcript and exhibits from Case No. 96-3253, within ten days from the date of this order)
|
Sep. 25, 2000 |
Status Report and Request for Judicial Notice (filed by Petitioner via facsimile).
|
Sep. 06, 2000 |
Order Placing Case in Abeyance issued (parties to advise status by September 22, 2000).
|
Sep. 05, 2000 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Aug. 24, 2000 |
Notice of Appearance (by B. Taylor) filed.
|
Aug. 24, 2000 |
Election of Right filed.
|
Aug. 24, 2000 |
Administrative Complaint filed.
|
Aug. 24, 2000 |
Initial Order issued. |
Aug. 24, 2000 |
Agency referral filed.
|