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JIM HORNE, AS COMMISSIONER OF EDUCATION vs TIMOTHY HENSLEY, 03-002937PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002937PL Visitors: 18
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: TIMOTHY HENSLEY
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Vero Beach, Florida
Filed: Aug. 13, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 22, 2003.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 001-2072-M TIMOTHY HENSLEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against TIMOTHY HENSLEY. 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 1012.795(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 747607, covering the area of Journalism, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Sebastian River Middle School, in the Indian River County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, the Respondent engaged in inappropriate conduct with female students. These incidents include, but are not limited to, grabbing K.P.'s buttocks and breast. K.P. is a female student whose date of birth is July 26, 1989. The Respondent also rubbed the backs and arms of N.W., D.S., and V.C. N.W. is a female student whose date of birth is November 28, 1988. D.S. is a female student whose date of birth is September 14, 1988. V.C. is a female student whose date of birth is unknown. The Respondent also used inappropriate language with students. On one occasion when the Respondent grabbed K.P., she stated words to the effect TIMOTHY HENSLEY Administrative Complaint 2 of 3 of "Please stop." The Respondent replied with words to the effect of "shut the fuck up." On or about August 1, 2001, the Respondent resigned his teaching position with the Indian River County School District effective August 15, 2001. 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. COUNT 2: 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 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 health and/or 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(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. TIMOTHY HENSLEY Administrative Complaint 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 [ 5 day of , 2003. ORNE, as issioner of Education State of Florida

Docket for Case No: 03-002937PL
Issue Date Proceedings
Oct. 29, 2003 Notice of Settlement (filed by Petitioner via facsimile).
Oct. 29, 2003 Affidavit of Service of Subpoena Ad Testificandum for final hearing of Susan Prieto as parent of K.P. (filed via facsimile).
Oct. 29, 2003 Notice of Filing (filed by Petitioner via facsimile).
Oct. 22, 2003 Order Closing File. CASE CLOSED.
Oct. 22, 2003 Petitioner`s Motion to Close File Without Prejudice (filed via facsimile).
Oct. 14, 2003 Subpoena ad Testificandum (Deputy N. McNally) filed via facsimile.
Oct. 14, 2003 Return of Service (filed via facsimile).
Oct. 14, 2003 Notice of Filing, Affidavit of Service (filed by Petitioner via facsimile).
Oct. 10, 2003 Petitioner`s Supplemental Witness List (filed via facsimile).
Oct. 08, 2003 Joint Pre-hearing Stipulation (filed via facsimile).
Oct. 07, 2003 Amended Notice of Taking Deposition (Deputy N. McNally) filed via facsimile.
Oct. 01, 2003 Notice of Taking Deposition (T. Hensley) filed via facsimile.
Oct. 01, 2003 Subpoena ad Testificandum (N. McNally) filed via facsimile.
Oct. 01, 2003 Notice of Taking Deposition ( N. McNally) filed via facsimile.
Sep. 30, 2003 Subpoena Duces Tecum (2), Records Custodian Indian River County School Board, and Records Custodian Indian River County Sheriff`s Office filed via facsimile.
Sep. 30, 2003 Notice of Filing, Affidavit filed via facsimile.
Sep. 03, 2003 Notice of Production from Non-Party filed by K. Holbrook via facsimile.
Aug. 29, 2003 Notice of Service (filed by Petitioner via facsimile).
Aug. 29, 2003 Petitioner`s Requests for Admissions (filed via facsimile).
Aug. 29, 2003 Petitioner`s Request for Production (filed via facsimile).
Aug. 25, 2003 Order of Pre-hearing Instructions.
Aug. 25, 2003 Notice of Hearing (hearing set for October 23 and 24, 2003; 9:30 a.m.; Vero Beach, FL).
Aug. 21, 2003 Amended Joint Response to Court`s Initial Order (filed via facsimile).
Aug. 21, 2003 Joint Response to Court`s Initial Order (filed via facsimile).
Aug. 13, 2003 Letter to J. Horne from T. Hensley regarding receipt of letter on July 21, 2003 filed.
Aug. 13, 2003 Administrative Complaint filed.
Aug. 13, 2003 Election of Rights filed.
Aug. 13, 2003 Request for Administrative Hearing, Notice of Appearance filed.
Aug. 13, 2003 Agency referral filed.
Aug. 13, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

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