Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: HOMER DAVIS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, 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. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
CHARLIE CRIST, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 012-2119-M
HOMER DAVIS, OD~ OF (GPL
Respondent.
/
ADMINISTRATIVE COMPLAINT.
Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint
against HOMER DAVIS. 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 and Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct
for the Education Profession in Florida, and said sanctions specifically set forth in Sections
231.262(7) and 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1, The Respondent holds Florida Educator’s Certificate 431172, covering the area of
Specific Learning Disabilities Education, which is valid through June 30, 2007.
2. Atall times pertinent hereto, the Respondent was employed as an Exceptional Student
Education Teacher at Western High School in the Broward County School District.
MATERIAL ALLEGATIONS
Qe
3. During the 2001-2002 school year, the Broward County School district investigated
the Respondent for an allegation of battery. No probable cause was found. The allegation was not
reported to the Office of Professional Practices.
4. On or about January 9, 2002, during class, the Respondent used inappropriate means
to discipline students. He struck a student, C.R., in the chest area, causing bruises. He also pulled
a radio cord and plug through C.R.'s hand, causing bruises. C.R. is a male student whose date of
birth is November 19, 1986. The Respondent struck another student, W.C., on the head with a
cardboard box. W.C. is a male student whose date of birth is September 18, 1986. The Respondent
HOMER DAVIS
Administrative Complaint
Page 2 of 2
was placed on administrative leave with pay pending the outcome of the Broward County School
district's investigation. On or about March 12, 2002, he was reassigned to a new location. On or
about August 20, 2002, the Respondent was reassigned to Sunrise Middle School.
STATUTORY VIOLATIONS
COUNT 1: The allegations of misconduct set forth herein are in violation of Section
231.2615(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
231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional
Conduct for the Education Profession in Florida prescribed by the 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
anW/or physical health and/or safety.
WHEREFORE, the Petitioner recommends that the Education Practices Commission
impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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 on this_| 7 dayof TDecem ber, 2002.
Charlie Crist, as
Commissioner of Education,
State of Flonda
Docket for Case No: 03-000918PL
Issue Date |
Proceedings |
Jun. 11, 2003 |
Order Closing File. CASE CLOSED.
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Jun. 09, 2003 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed by Petitioner via facsimile).
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May 15, 2003 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 16 and 17, 2003; 9:30 a.m.; Fort Lauderdale, FL).
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May 15, 2003 |
Respondent`s Unopposed Motion for Continuance of Hearing (filed via facsimile).
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Mar. 27, 2003 |
Order of Pre-hearing Instructions issued.
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Mar. 27, 2003 |
Notice of Hearing issued (hearing set for June 3 and 4, 2003; 9:30 a.m.; Fort Lauderdale, FL).
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Mar. 26, 2003 |
Response to Initial Order (filed by Petitioner via facsimile).
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Mar. 17, 2003 |
Election of Rights filed.
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Mar. 17, 2003 |
Administrative Complaint filed.
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Mar. 17, 2003 |
Agency referral filed.
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Mar. 17, 2003 |
Initial Order issued.
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