Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL MITCHELL
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Feb. 22, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 8, 2005.
Latest Update: Sep. 30, 2024
STATE OF FLORIDA SFERI7 P
EDUCATION PRACTICES COMMISSION
JOHN L. WINN, as
Commissioner of Education,
~
Petitioner, 3
a
VS. CASE NO. 023-0246-M :>
MICHAEL A. MITCHELL,
Respondent. (6 <- oy4 7 PL
ADMINISTRATIVE COMPLAINT Fee OF
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against MICHAEL A. MITCHELL. 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 715339, covering the areas of
History and Social Science, which is valid through June 30, 2005.
2. At all times pertinent hereto, the Respondent was employed as a Social Science
Teacher at John F. Kennedy Middle School in the Palm Beach County School District.
MATERIAL ALLEGATIONS
3. During the 1999-2000 school year, Respondent engaged in inappropriate,
unprofessional conduct with T.S.. a female student whose date of birth is April 29, 1983.
Respondent dated T.S. for a period of time. Respondent and J.S. went to Respondent's house where
they engaged in heavy petting. T.S. refused Respondent’s requests for intercourse.
4, Beginning on or about January 2000, Respondent began an inappropriate.
unprofessional relationship with T.P., a female student whose date of birth is March 19, 1984.
eT
* MICHAEL A. MITCHELL
OS FEB 17 PM 2: OsAministrative Complaint
Page 2 of 4
Beginning in January or February 2000, Respondent’s relationship with T.P. included intimate
physical contact several times a week. In April 2000, T.S. ran away from home for about a week.
During this time, T.P. stayed with Respondent. Respondent knew that T.P. was a reported runaway
juvenile and failed to report her to the proper authorities. At Respondent’s insistence, T.P. withdrew
from school in the summer of 2000. T.P. became pregnant in August 2000 with Respondent’s child,
who was born in May 2001. Respondent and T.P. married in September 2000. Respondent and T.P.
are now divorced.
5. During the first investigation of Respondent’s relationship with T.P. in the spring of
2000, Respondent willfully and knowingly provided false statements to investigators about his
relationship with T.P. Further, Respondent contacted T.P. prior to her interview and convinced her
to provide false statements as well to protect his job. Respondent’s actions obstructed an official
investigation.
6. During the second investigation of Respondent’s relationship with T.P. in the fall of
2001, Respondent willfully and knowingly provided false statements to investigators about his
relationship with T.P. Further, Respondent contacted T.P. after he was interviewed and asked her
to provide false statements as well. Respondent's actions obstructed an official investigation.
7. On or about November 15, 2001, the school district placed Respondent on
administrative leave. On or about June 10, 2002, Respondent resigned his position with the school
board.
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 mora! turpitude.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(£), Florida Statutes, in
that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness
as an employee of the school board.
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.
COUNT 4: — The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in
that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation
of the teaching certificate.
MICHAEL A. MITCHELL
Administrative Complaint
Page 3 of 4
RULE VIOLATIONS
COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student
from independent action in pursuit of Jearning.
COUNT 7: — 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 8: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a
student for personal gain or advantage.
COUNT 9: _ The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or
discriminatory conduct which unreasonably interfered with an individual’s performance of
professional or work responsibilities or with the orderly processes of education or which created a
hostile. intimidating, abusive, offensive. or oppressive environment; and further, failed to make
reasonable effort to assure that each individual was protected from such harassment or
discrimination.
90:2 Hd 1.93450
MICHAEL A. MITCHELL
Administrative Complaint
Page 4 of 4
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 25%" day of (Gite eam _, 2004.
JOHN L. WINN, as
- Commissioner of Education
State of Florida
90:2 Hd £1.994S0
Docket for Case No: 05-000597PL
Issue Date |
Proceedings |
Aug. 31, 2005 |
Request to Reopen Case cover letter filed.
|
Aug. 12, 2005 |
Response to Motion to Reopen Case filed.
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Aug. 01, 2005 |
Motion to Reopen Case (DOAH CASE NO. 05-2899 ESTABLISHED) filed.
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Jun. 13, 2005 |
Notification of Cancellation of Court Reporter.
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Jun. 08, 2005 |
Order Closing File. CASE CLOSED.
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Jun. 08, 2005 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Apr. 21, 2005 |
Notification of Rescheduling of Court Reporter
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Apr. 19, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 21 and 22, 2005; 9:30 a.m.; West Palm Beach, FL).
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Apr. 19, 2005 |
Order Granting Extension of Time (ten-day extension to respond to outstanding discovery granted).
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Apr. 13, 2005 |
Joint Motion for Continuance filed.
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Apr. 07, 2005 |
Privilege Log filed.
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Apr. 07, 2005 |
Response to Request for Production filed.
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Apr. 07, 2005 |
Respondents Notice of Serving Answers to Interrogatories filed.
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Apr. 07, 2005 |
Response to Request for Admissions filed.
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Apr. 04, 2005 |
Respondent`s Motion to Extend Time to Respond to Discovery Requests filed.
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Mar. 25, 2005 |
Request for Production filed.
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Mar. 25, 2005 |
Respondent`s First Set of Interrogatories to Petitioner filed.
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Mar. 07, 2005 |
Order of Pre-hearing Instructions.
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Mar. 07, 2005 |
Notice of Hearing (hearing set for May 19 and 20, 2005; 9:30 a.m.; West Palm Beach, FL).
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Mar. 07, 2005 |
Joint Response to Initial Order filed.
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Feb. 22, 2005 |
Initial Order.
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Feb. 22, 2005 |
Notice of Appearance (filed by M. Wilensky, Esquire).
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Feb. 22, 2005 |
Election of Rights filed.
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Feb. 22, 2005 |
Administrative Complaint filed.
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Feb. 22, 2005 |
Finding of Probable Cause filed.
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Feb. 22, 2005 |
Notice of Appearance, Requesting a Hearing filed.
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Feb. 22, 2005 |
Agency referral filed.
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