FLORIDA DEPARTMENT OF EDUCATION Vy TALLAHASSEE, FLORIDA 32399-0400 V9 Tom Gallagher Mol yn Commissioner October 11, 2000 O \- 6 270 pt Mr. James Glover 6380 Southwest 63rd Avenue South Miami, Florida 33143 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 262-04-0228 Dear Mr. Glover: 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, ———_. \ Ver Tom Gallagher TGfh ENCLOSURES Plaza Level, The Capitol * Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 http://www.fim.edu/doe An affirmative action/equal opportunity employer an o "4 AZ “gy STATE OF FLORIDA , EDUCATION PRACTICES COMMISSION 40M 4 ain, Ue, SW. 83 TOM GALLAGHER, as NL Commissioner of Education, Petitioner, vs. CASE NO. 990-1015-V JAMES GLOVER, Respondent. / ADMINISTRATIVE AINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against James Glover. 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 361549, covering the area of Physical Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teacher at Allapattah Elementary School, in the Dade County School District. Al L ATION. 3. During the 1998-1999 and 1999-2000, school years Respondent failed to act in a professional manner toward his fellow teachers and other staff. Respondent failed to arrive timely to take students to P.E. and would abandon a class if their regular teacher was not present to bring them back after the P.E. class was over. Respondent insulted other teachers and attempted to intimidate them in front of their students. Respondent has engaged in harassment of several teachers that caused them to feel fear for their safety and feel uncomfortable in dealing with him. Respondent refused too in anyway accommodate others and created an environment of confrontation between himself and other staff members. When receiving an evaluation from his principal Respondent was James Glover Administrative Complaint 2 of 3 insubordinate when refused to speak to her or respond in any way to the observations being made of his behavior. 4. On or about October 13, 1999, Respondent used inappropriate discipline techniques when he grabbed a student X. F. by the arm and pulled him forcefully to a place where students were asked to stand when they were unprepared for class or were misbehaving. TATUTORY VIOLATI 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 rules. 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(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 James Glover Administrative Complaint 3 of 3 reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(£), Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgment of colleagues. 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 if “# dayof_ O Cth , 2000. Commissioner of Education, State of Florida

Docket for Case No: 01-000270PL