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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs WILLIAM E. CLARK, III, 01-000297PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000297PL Visitors: 47
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM E. CLARK, III
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 17, 2001.

Latest Update: Dec. 25, 2024
FLORIDA DEPARTMENT OF EDUCATION TALLAHASSEE, FLORIDA 32399-0400 Commissioner O -0297 PU July 20, 2000 Mr. William Clarke, III 7365 North Augusta Drive Miami, Florida 33056 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 262-04-5964 Dear Mr. Clarke: 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, { ow Tom Gallagher TG/jh ENCLOSURES Plaza Level, The Capitol * Tallahassee, Florida 32399-0400 (850) 487-1785 « Fax (850) 413-0378 http://www.firn.edu/doe An affirmative action/equal opportunity employer _ STATEOFFLORDA 4g“? Ay EDUCATION PRACTICES COMMISSHSN;:?"-: CAs = 4 Py ; Ws 4 be TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-2168-M WILLIAM E. CLARK, I, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against William E. Clark, III. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statuites, 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 277399, covering the areas of Guidance and Counseling, Administration and Supervision and English , which is valid through June 30, 2001. ; 2. At all times pertinent hereto, the Respondent was employed as a Principal at Miami Northwestern Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Beginning in July 1995, Respondent sexually harassed a female employee Ms. J. Hazel by unwanted sexual advances, requests for sexual favors, and verbal behavior of a sexual nature that created an unprofessional and oppressive work environment for Ms. Hazel. In addition Respondent retaliated against Ms. Hazel for her refusals by reassigning her duties to others and creating an environment where she was in fear of retaining her job assignment because she had not responded positively to his sexual advances. William E. Clark, TIT Administrative Complaint ; Page 2 of 3 4, Between June 1996 and April 1997, Respondent sexually harassed his secretary Sonja Miller by continually subjecting her to unwanted verbal and physical sexual advances. As a result Respondent created a hostile work environment for Ms. Miller. 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)(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 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to obtain special advantages. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(b), Florida Administrative Code, in that Respondent has denied to a colleague professional benefits or advantages or participation in any professional organization on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background. William E. Clark, TIT Administrative Complaint Page 3 of 3 COUNT 7: 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 207" day of ___, 2000. —_——_— ¢ ow TOM GAL as Commissioner of Education, State of Florida

Docket for Case No: 01-000297PL
Issue Date Proceedings
Jul. 16, 2001 Motion to Reopen Case (filed by Petitioner via facsimile).
May 17, 2001 Order Closing File issued. CASE CLOSED.
May 15, 2001 Joint Motion for Continuance and to Hold Case in Abeyance (filed via facsimile).
May 11, 2001 Petitioner`s Motion for Continuance of Hearing filed.
Apr. 12, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 24 and 25, 2001; 9:00 a.m.; Miami, FL).
Apr. 09, 2001 Motion to Enlargement of Time filed by Respondent.
Apr. 05, 2001 Notice of Substitution of Counsel (filed by I. M. Miller).
Mar. 27, 2001 Order Granting Motion to Amend the Administrative Complaint and Motion to Compel Discovery issued.
Mar. 14, 2001 Amended Administrative Complaint (filed by Petitioner via facsimile).
Mar. 14, 2001 Petitioner`s Motion to Amend the Administrative Complaint (filed via facsimile).
Mar. 12, 2001 Motion to Compel Discovery (filed via facsimile).
Feb. 23, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for April 26 and 27, 2001; 9:00 a.m.; Miami, FL).
Feb. 22, 2001 Petitioner`s Motion for Continuance of Hearing (filed via facsimile).
Feb. 16, 2001 Notice of Taking Deposition (filed by C. Whitelock via facsimile).
Feb. 06, 2001 Order of Pre-hearing Instructions issued.
Feb. 06, 2001 Notice of Hearing issued (hearing set for March 20 and 21, 2001; 9:30 a.m.; Miami, FL).
Jan. 31, 2001 Joint Response to Initial Order (filed via facsimile).
Jan. 30, 2001 Notice of Appearance (filed by C. Whitelock via facsimile).
Jan. 24, 2001 Initial Order issued.
Jan. 23, 2001 Election of Rights filed.
Jan. 23, 2001 Administrative Complaint filed.
Jan. 23, 2001 Notice of Appearance (filed by H. Smith).
Jan. 23, 2001 Stipulated Motion for Substitution of Counsel filed.
Jan. 23, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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