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JIM HORNE, AS COMMISSIONER OF EDUCATION vs AHMED Y. STEPHENS, 04-001963PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001963PL Visitors: 15
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: AHMED Y. STEPHENS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Jun. 03, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 17, 2004.

Latest Update: Dec. 22, 2024
FLORIDA DEPARTMENT OF EDUCATION Ob guy. STATE BOARD OF EDUCATION Jim HorNE, Commissioner of Education 3 PH [1:97 F. Puivip HANDY, Chairman T. WILLARD Fair, Vice Chairman FE tee “ Ay Just Read, Members Florida! Linba J. Eos, Ep.D. CHARLES PATRICK Garcia JULIA L. JOHNSON WILLIAM L. PROCTOR, Pt.D. Linda K. TAYLOR March 10, 2004 CERTIFIED MAIL Mr. Ahmed Stephens RE: Finding of Probable Cause 5467 Vineland Road, Apartment 6109 Case No: 012-1623-Q Orlando, Florida 32811 SSN: op Dear Mr. Stephens: Pursuant to the provisions of Sections 1012.796 and 1012.795, 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 1012.796(6) and 1012.795(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 Educator 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, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, AJ J orne JH:DA:} ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 * (850) 245-0438 + www. fldoe.org y STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-1623-Q AHMED Y. STEPHENS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against AHMED Y. STEPHENS. 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 763243, covering the areas of Prekindergarten/Primary Education, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as a Alternate Education Teacher at Carver Middle School, in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent used a school computer, the property of the Orange County Public School District, to access pornographic websites and to download pornographic cartoons. The Respondent was terminated on December 11, 2001, during the probationary period of his first year contract. AHMED Y. STEPHENS Administrative Complaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: 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 schoo! board. 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. 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 _/O_ day of Maret __, 2004. HORNE, as Commissioner of Education State of Florida

Docket for Case No: 04-001963PL
Issue Date Proceedings
Aug. 17, 2004 Recommended Order of Dismissal. CASE CLOSED.
Aug. 02, 2004 CASE STATUS: Hearing Held.
Jul. 28, 2004 Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for August 2, 2004; 1:00 p.m.; Orlando and Tallahassee, FL).
Jul. 27, 2004 Respondent`s Unilateral Pre-hearing Stipulation (filed via facsimile).
Jul. 27, 2004 Respondent`s Exhibit List (filed via facsimile).
Jul. 27, 2004 Respondent`s Amended Witness List (filed via facsimile).
Jul. 27, 2004 Respondent`s Response to Petitioner`s Motion for Continuance (filed via facsimile).
Jul. 20, 2004 Petitioner`s Unilateral Pre-hearing Stipulation (filed via facsimile).
Jul. 12, 2004 Petitioner`s Exhibit List (filed via facsimile).
Jul. 12, 2004 Petitioner`s Motion to Postpone Hearing (filed via facsimile).
Jul. 12, 2004 Petitioner`s Witness List (filed via facsimile).
Jun. 24, 2004 Amended Notice of Taking Deposition (A. Stephens) filed via facsimile.
Jun. 17, 2004 Notice of Taking Deposition (A. Stephens) filed via facsimile.
Jun. 14, 2004 Order of Pre-hearing Instructions.
Jun. 14, 2004 Notice of Hearing (hearing set for August 2, 2004; 9:00 a.m.; Orlando, FL).
Jun. 07, 2004 Petitioner`s Response to Initial Order (filed via facsimile).
Jun. 03, 2004 Election of Rights filed.
Jun. 03, 2004 Administrative Complaint filed.
Jun. 03, 2004 Notice of Appearance (filed by R. Weaver, Esquire).
Jun. 03, 2004 Agency referral filed.
Jun. 03, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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