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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs SAMMY SHARP, 02-003137PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003137PL Visitors: 29
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: SAMMY SHARP
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Palatka, Florida
Filed: Aug. 09, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 6, 2002.

Latest Update: Dec. 23, 2024
OR BI37 STATE OF FLORIDA ee ae EDUCATION PRACTICES COMMISSION poet CHARLIE CRIST , as Commissioner of Education, Petitioner, . enna vs. Case No.: 990-1933-C SAMMY SHARP, Respondent. ‘ / ADMINISTRATIVE COMPLAINT Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against Sammy Sharp. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615 (1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 320926, covering the areas of health education, physical education, school principal and administration, which is valid through June 30, 2003. : 2. At all times pertinent hereto the Respondent was employed as principal of Browning-Pearce Elementary School in the Putnam County School District. MATERIAL ALLEGATIONS 4 3. The Respondent engaged in sexual harassment or discriminatory conduct toward a female employee of Browning-Pearce Elementary School in that he: (a) pinched the employee on her left breast in February 1997; (b) ran his hand down her shirt on the top of her breast in February 1998; (c) touched her on her right breast with the antenna of his walkie talkie in February 1998; and (d) remarked to the female employee “you know you want it” as he passed her in the hallway in March 2000. 4. In March 1998 the Respondent touched a second female employee on her breast. 5. In May 2000, the Respondent threatened the second female employee and told her_to keep her mouth shut, or words of similar import, when he learned that she was to be “questioned about the Respondent’s alleged improper conduct with another female employee. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615 (1) (c), Florida Statutes, in that the 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 231.2615 (1) (£), Florida Statutes, in that the Respondent 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 231.2615 (1) (i), Florida Statutes, in that the Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (4) (c), F.A.C., in that the 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 (5) (d), F.A.C., in that the Respondent has engaged in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment, and further, has failed to make reasonable effort to assure that each individual is protected from such harassment or discrimination. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (n), F.A.C., in that the Respondent has sought reprisal against an individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615 (1), Florida Statutes. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262 (6) and 231.2615 (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 onthis _/3 _ dayof_februac uy» 2002 CHARLIE CRIST, as Commissioner of Education, State of Florida

Docket for Case No: 02-003137PL
Issue Date Proceedings
Dec. 06, 2002 Order Closing File issued. CASE CLOSED.
Dec. 06, 2002 Stipulated Motion to Close File and Relinquish Jurisdiction filed by Petitioner.
Oct. 24, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 9 through 12, 2002; 10:00 a.m.; Palatka, FL).
Oct. 22, 2002 Order issued. (the unopposed motion to amend the administrative complaint to add a third complainant is granted)
Oct. 22, 2002 Status Report filed by Petitioner.
Oct. 21, 2002 Respondent`s Unopposed Motion to Continue Final Hearing (filed via facsimile).
Oct. 18, 2002 Amended Administrative Complaint filed by Petitioner.
Oct. 18, 2002 Unopposed Motion for Leave to Amend Administrative Complaint filed by Petitioner.
Oct. 16, 2002 Notice of Taking Deposition, S. Sharp filed by Petitioner.
Sep. 06, 2002 Order of Pre-hearing Instructions issued.
Sep. 06, 2002 Notice of Hearing issued (hearing set for October 29 through November 1, 2002; 10:00 a.m.; Palatka, FL).
Sep. 05, 2002 Answer to Administrative Complaint (filed by Respondent via facsimile).
Sep. 05, 2002 Notice of Appearance for Respondent (filed via facsimile).
Aug. 16, 2002 Response to Initial Order filed by Petitioner.
Aug. 09, 2002 Initial Order issued.
Aug. 09, 2002 Administrative Complaint filed.
Aug. 09, 2002 Election of Rights filed.
Aug. 09, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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