Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: RICK ADAMS
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Mar. 21, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 3, 2005.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
res MAA ZL PH 2b
t
JIM HORNE, as
Commissioner of Education,
Petitioner,
vs. CASE NO. )23-0035-R
RICK L. ADAMS,
(05 -1eN TPL
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint
against RICK L. ADAMS. The Petitioner seeks the appropriate disciplinary sanction of the
Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, Floride 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 1 012.795(1) and
1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 712096, covering the area of
Art, which is valid through June 30, 2009.
2. At all times pertinent hereto, the Respondent was employed as an Art Teacher at
Englewood High School in the Duval County School District.
MATERIAL ALLEGATIONS
2
3. During 1998, the Respondent was investigated by Professional Practices Services for
a 1993 charge of Molestation of Crab Traps. On or about April 29, 1998, the Commissioner of
Education found no probable cause to deny the Respondent's application for a Florida educator's
certificate.
RICK L. ADAMS
Administrative Complaint
Page 2 of 4
4. During the 2001-2002 school year, the Respondent engaged in inappropmiate conduct
with students. These incidents include, but are not limited to:
a) making inappropriate comments to students to the effect of "The only time I ever
look at [two female students] is if they are bending over and their tits and asses are hhanging out."
b) telling students an inappropriate story involving the Respondent having a
“threesome” with a married female friend and her husband;
c) having knowledge of and allowing nude photographs to be develop ed by students
in the school's photography laboratory. The photographs included those taken bv a female student
of another female student posing topless with her boyfriend. The Responcent also allowed
photographs of human "yampires" sucking each other's blood and engaging in bondage and group
intercourse to be developed in the school photo lab, along with one male student's nude self-portrait.
When one female student objected to the vampire pictures, the Respondent stated words to the effect
of "Do you want me to get on my hands and knees and kiss your mother fucking ass?"
d) hanging negatives containing inappropriate subject matter ia his office. The
subject matter included young girls kissing and touching each other, topless girls and photographs
of people having oral sex. These negatives were viewed by students.
e) threatening students after one student took aroll ofnude photographs from the lab,
resulting in the roll being tumed in to the school administration. The Respondent became enraged
and started screaming at the class when he realized one rol] was missing. He threw markers and a
pair of scissors, called students "Tittle fuckers," and made statements to the effect of, "I will do
everything in my power to throw you in jail” and "If you fucking mess with my farnily or job, I'll
come back and haunt or kill you."
f) making a false statement in regard to his knowledge of the inappropriate material
on the roll of negatives turned in to the administration. In a written statement provided to
administration on or about April 15, 2002, the Respondent stated "I learned of the possible contents
of the film later but never saw them.”
On or about May 7, 2002, the Duval school district issued the Respondent a letter of
reprimand for unacceptable conduct. The Respondent was suspended for five (5° days. He continues
to be employed.
RICK L. ADAMS
Administrative Complaint
Page 3 of 4
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 Respondentis 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 board.
COUNT 3: The Respondentis 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 reasonaple effort
to protect the student from conditions harmful to learning and/or to the student's menzal 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 expo sed a student to
unnecessary embarrassment or disparagement.
COUNT 6: 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 againsi
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 b ackground and shal!
make reasonable effort to assure that each student is protected from harassmerit or discrimination.
COUNT 7: — The allegations of misconduct set forth herein are in violation o7 Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent has exploited @ relationship with a
student for personal gain or advantage.
COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(b), Florida. Administrative Code, in that Respondent has intentionaliy distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
RICK L. ADAMS
Administrative Complaint
Page 4 of 4
COUNT 9: 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.
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 ol day of , 2004.
HORNE, as
mmissioner of Education
State of Florida
Docket for Case No: 05-001017PL
Issue Date |
Proceedings |
Jun. 06, 2005 |
Notification of Cancellation of Court Reporter.
|
Jun. 03, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 01, 2005 |
Motion to Hold Case in Abeyance filed.
|
May 27, 2005 |
Petitioner`s Notice of Serving Answers to Respondent`s First Set of Interrogatories filed.
|
Apr. 18, 2005 |
Notification of Scheduling of Court Reporter filed.
|
Apr. 14, 2005 |
Respondent`s Notice of Serving Interrogatories to Petitioner filed.
|
Apr. 07, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for June 7, 2005; 10:00 a.m.; Jacksonville and Tallahassee, FL).
|
Apr. 07, 2005 |
Joint Response to Initial Order filed.
|
Apr. 06, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 25, 2005 |
Answer to Administrative Complaint and Motion to Dismiss or Strike Portions Thereof filed.
|
Mar. 21, 2005 |
Initial Order.
|
Mar. 21, 2005 |
Administrative Complaint filed.
|
Mar. 21, 2005 |
Finding of Probable Cause filed.
|
Mar. 21, 2005 |
Election of Rights filed.
|
Mar. 21, 2005 |
Notice of Appearance, Requesting a Hearing filed.
|
Mar. 21, 2005 |
Agency referral filed.
|