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JIM HORNE, AS COMMISSIONER OF EDUCATION vs JOHN W. WARD, 03-000915PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000915PL Visitors: 11
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: JOHN W. WARD
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Pierce, Florida
Filed: Mar. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 11, 2003.

Latest Update: Dec. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, Ox OF {5 PL vs. CASE NO. 012-1093-A JOHN W. WARD, Respondent. ADMINISTRATIVE COMPLAINT . Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against JOHN W. WARD. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. | The Respondent holds Florida Educator’s Certificate 777667, 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 Bronson High School, in the Levy County School District. ” . MATERIAL ALLEGATIONS 3. During May, 2000, in St. Lucie County, the Respondent and his wife, who was also an educator employed at the same school as the Respondent, interfered with parental custodial duties by enticing a student, L.H., to run away from her home. The Respondent and his wife also assisted L.H. in keeping her location secret from her parents and law enforcement. L.H. is a female student whose date of birth is October 7, 1982. On or about May 5, 2000, the Respondent and his wife moved L.H., along with her clothes and other personal belongings, to their mobile home in Hamilton County without the consent or knowledge of her parents. The Respondent and his wife next moved JOHN W. WARD Administrative Complaint Page 2 of 3 L.H. to a motel near Valdosta, Georgia, without the consent or knowledge of her parents in an attempt to keep her location secret. The Respondent and his wife then made travel arrangements to send L.H. to Charlotte, North Carolina for one week where she stayed first at the home of the Respondent's daugher and then at the home of a friend of the Respondent's wife. This was done without the consent or knowledge of L.H.'s parents. Subsequently, the Respondent and his wife advised L.H. to travel by bus back to Valdosta, Georgia. They met L.H. at the bus station and took her back to their mobile home in Hamilton County, where she spent the night alone with the Respondent, without the consent or knowledge of L.H.'s parents. The following day, on or about May 16, 2000, the Respondent gave L.H. the keys to his truck so that she could go to the courthouse and inquire as to how she could legally emancipate herself from her parents. Later that day, L.H. was apprehended by law enforcement. At no time between L.H.'s running away and her apprehension did the Respondent inform the Hamilton County Sheriff's Office that he had contact with LH despite being instructed to do so by the Hamilton County Sheriff. ” STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school b COUNT 3: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that 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(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 health and/or safety. COUNT 5: 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. JOHN W. WARD Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 fot day of Jeb lua, , 2003. mmissioner of Education State of Florida

Docket for Case No: 03-000915PL
Issue Date Proceedings
Jun. 11, 2003 Order Closing File. CASE CLOSED.
Jun. 02, 2003 Notice of Voluntary Dismissal Without Prejudice (filed by Petitioner via facsimile).
May 21, 2003 Order Denying Respondent`s Motion to Compel issued.
May 20, 2003 Notice of Taking Deposition T. Heltsley and C. Hetlsley (filed via facsimile).
May 02, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 30 through July 2, 2003; 9:00 a.m.; Fort Pierce, FL).
Apr. 30, 2003 Petitioner`s Response to Respondent`s Motion to Compel (filed via facsimile)
Apr. 25, 2003 Respondent`s Motion to Compel (filed via facsimile)
Apr. 22, 2003 Notice of Serving Petitioner`s Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
Apr. 22, 2003 Petitioner`s Response to Respondent`s First Request for Production (filed via facsimile).
Apr. 21, 2003 Motion to Continue and Reschedule Hearing filed by Respondent.
Apr. 16, 2003 Petitioner`s Request for Production (filed via facsimile).
Apr. 11, 2003 Order of Pre-hearing Instructions issued.
Apr. 11, 2003 Notice of Hearing issued (hearing set for June 2 through 6, 2003; 9:30 a.m.; Fort Pierce, FL).
Apr. 04, 2003 Petitioner`s Request for Admissions to Respondent (filed via facsimile).
Apr. 04, 2003 Petitioner`s Notice of Serving First Set of Interrogatories to Respondent (filed via facsimile).
Apr. 02, 2003 Notice of Availability (filed by R. Sickles via facsimile).
Mar. 26, 2003 Order Denying Motion to Extend Time Period for the Setting of the Final Hearing issued. (the parties shall provide the information concerning scheduling of this matter on or before April 4, 2003)
Mar. 25, 2003 Motion to Extend Time Period for the Setting of the Final Hearing (filed by Petitioner via facsimile).
Mar. 24, 2003 Respondent`s First Request for Production of Documents filed.
Mar. 24, 2003 Respondent`s Notice of Serving First Interrogatories to Petitioner filed.
Mar. 17, 2003 Election of Rights filed.
Mar. 17, 2003 Administrative Complaint filed.
Mar. 17, 2003 Agency referral filed.
Mar. 17, 2003 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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