Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: EMILE BAPTISTE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 31, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 21, 2005.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA .
EDUCATION PRACTICES COMMISSION (.
JOHN L. WINN, as
ICES
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Commissioner of Education, Bag Oey
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Petitioner, ran =
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vs. CASE NO. 023-0525-B
EMILE D. BAPTISTE,
Respondent, .
/
ADMINISTRATIVE COMPLAINT
against
Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint
EMILE D. BAPTISTE. The Petitioner seeks the appropriate disciplinary sanction of the
Respondent’s educator’ s certificate pursuant to Sections 1012.795 and 1012.
and pursuant to Rule 6B-1 .006, Florida Administrative Code, Principles of Pro
the Education Profession in Florida, said sanctions s
1012.796(7), Florida Statutes.
796, Florida Statutes,
fessional Conduct for
pecifically set forth in Sections 1012.795 (1) and
The Petitioner alleges:
1,
JURISDICTION
The Respondent holds Florida ]
Athletic Coaching, Mathematics, and Busines
2
Atall times pertinent hereto, the
Educator’s Certificate 846139, covering the areas of
at Hialeah-Miami Lakes Senior School in the
s Education, which was valid through June 30, 2004.
Respondent was employed as a Mathematics Teacher
3.
Miami-Dade County School District,
MATERIAL ALLEGATIONS
On or about April 23, 200
cocaine while speeding. Respondent w.
Count 2, Possession of Marijuana; and,
2, Respondent was in unlawful possession ofmarijuana and
as arrested and charged with: Count 1, Reckless Driving;
Count 3, Possession of
attomey’s office nolle prossed Counts 2 and 3 followin
intervention program. Respondent failed to timel
by law.
Cocaine, During May 2003, the state
g Respondent completion of a pre-trial
'y report the arrest to the school board as required
SES
EMILE D. BAPTISTE
OS OCT 20 PH 2 Lo Administrative Complaint
Page 2 of 2
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)(), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education mules,
RULE VIOLATIONS
COUNT3: The Respondentisin violation ofRule6B.1 006(5)(m), Florida Administrative
Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate
authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale
and/or possession of a controlled substance. Such notice.shall not be considered an admission of
guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal,
administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report
any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion
program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a
minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed
and expunged records disclosed under this rule, school districts shall comply with the confidentiality
provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes.
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 3” day of Novem ber, 2004,
Di ML Ctr
SOHN L. WINN, as
Commissioner of Education
State of Florida
STATE BOARD OF EDUCATION John L. Winn
Commissioner of Education
F. PHILIP HANDY, Chairman
T. WILLARD Fain, Vice Chairman . £, y Hs 7 Just Read,
Members aa(sEloridal
Linpa J. Eaps, Ep.D.
CUARLES Patrick Garcia
JULIA L. JOHNSON
Linna K. TAYLOR
November 8, 2004 CERTIFIED MATL
Mr. Emile Baptiste RE: Finding of Probable Cause
12819 Southwest 28th Court Case No: 023-0525-B
Hollywood, Florida 33027 SSN: 263-87-9258
Dear Mr. Baptiste:
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 five 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 323 99, (850) 245-0438,
Please govern yourself accordingly.
Sincerely,
Lhe itm
John L. Winn
mwl/wj
ENCLOSURES
25 W. Gaines STREET - SUITE 224-E - TaLLANASS@E, FL, 32399-0400 - (850) 245-0438 + Fax (850) 245-0621
Docket for Case No: 05-004013PL
Issue Date |
Proceedings |
Nov. 21, 2005 |
Order Closing File. CASE CLOSED.
|
Nov. 18, 2005 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Nov. 16, 2005 |
Order of Pre-hearing Instructions.
|
Nov. 16, 2005 |
Notice of Hearing (hearing set for January 26 and 27, 2006; 9:30 a.m.; Fort Lauderdale, FL).
|
Nov. 14, 2005 |
Joint Response to Initial Order filed.
|
Nov. 14, 2005 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Nov. 14, 2005 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Nov. 14, 2005 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Oct. 31, 2005 |
Election of Rights filed.
|
Oct. 31, 2005 |
Notice of Appearance (filed by M. Herdman)
|
Oct. 31, 2005 |
Administrative Complaint filed.
|
Oct. 31, 2005 |
Notice of Appearance, Requesting a Hearing filed.
|
Oct. 31, 2005 |
Agency referral filed.
|
Oct. 31, 2005 |
Initial Order.
|