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JOHN WINN, AS COMMISSIONER OF EDUCATION vs DOUGLAS LATTA, 06-001080PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001080PL Visitors: 20
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: DOUGLAS LATTA
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Brooksville, Florida
Filed: Mar. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 2, 2006.

Latest Update: May 18, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION; {tft JOHN L. WINN, as Commissioner of Education, Petitioner, VS. _ CASE NO. 045-1133-K Olo- 1 OOPL DOUGLAS A. LATTA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DOUGLAS A. LATTA. 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 700508, covering the areas of Educational Leadership, Elementary Education, English, English to Speakers of Other Languages, Pre-Kindergarten Primary Education, Primary Education, Specific Learning Disabilities, Varying Exceptionalities, Visually Impaired, Middle Grades, and Pre-Kindergarten Disabilities, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Title I Teacher at Deltona Elementary School in the Hernando County School District. MATERIAL ALLEGATIONS 3. Around October 2003, Respondent made inappropriate comments to K.L., a fellow teacher, by telling her that her breasts would get bigger during her pregnancy, and telling her about the benefits of breastfeeding.. Such comments made K.L. uncomfortable, and she reported them to the administration. The school principal advised Respondent that such comments were DOUGLAS A. LATTA Administrative Complaint Page 2 of 3 inappropriate. 4, During summer school 2003, Respondent made inappropriate comments and advances toward L.G., another teacher, by touching her around the waist, placing his hand on her shoulder, telling her that she had a body that would get a man of any age going, and calling her “kitten.” Continuing into the 2003-2004 school year, Respondent continued to make inappropriate and unwelcome advances toward L.G., by telling her she looked sexy, reaching for her waist, grabbing her wrist, and saying he needed to “feed her, put some meat on her bones.” These comments and advances made L.G. feel uncomfortable, and she frequently told him to stop. On or about March 5, 2004, L.G. reported Respondent’s actions to the school principal. On or about May 21, 2004, the school suspended Respondent for 22 days with pay, issued him a letter of reprimand, and placed him on probation for one year. Conditions of Respondent’s probation included counseling through the Employee Assistance Program, Sexual Harassment Training, and to have no contact with L.G. On or about May 25, 2004, Respondent walked by L.G., smiled at her, and made a sarcastic comment to her under his breath. 5. During the 2003-2004 school year, Respondent entered the office of M.S., another teacher, almost daily, made inappropriate comments about her attire and the length of her skirts, and made her feel uncomfortable and intimidated. In the spring of 2004, M.S. reported Respondent’s behavior to school administration, and, being aware that another complaint had been made, assumed Respondent would not be returning to the school the next year. In August 2004, Respondent began to stare at M.S., shout “hello” or “good morning” in a sarcastic tone, and laugh at her when she told him to leave her alone and not speak to her. M.S. believed that he was doing this to intimidate her, because she had made a complaint about him. On or about August 26, 2004, M.S. gave Respondent a letter stating that his behavior made her feel uncomfortable and intimidated her. M.S. provided the school principal with a copy of the letter. On or about October 22, 2004, the school board issued Respondent another letter of reprimand and added another year to his probation. 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 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(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or DOUGLAS A. LATTA Administrative Complaint Page 3 of 3 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. COUNT 4: TheRespondentis in violation of Rule 6B.1006(5)(o), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 101 2.795(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 _dayof jak , 2005. Ncbil tla. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-001080PL
Issue Date Proceedings
Jun. 02, 2006 Order Closing File. CASE CLOSED.
May 31, 2006 Motion to Hold Case in Abeyance filed.
May 25, 2006 Respondent`s Response to Petitioner`s First Request for Admissions filed.
May 25, 2006 Notice of Service of Response to Petitioner`s First Request for Admissions filed.
May 08, 2006 Notice of Service of Response to Petitioner`s First Request for Admissions filed.
Apr. 13, 2006 Petitioner`s Notice of Propounding First Set of Interogatories to Respondent filed.
Apr. 10, 2006 Order of Pre-hearing Instructions.
Apr. 10, 2006 Notice of Hearing (hearing set for June 8, 2006; 10:00 a.m.; Brooksville, FL).
Apr. 03, 2006 Petitioner`s Response to Initial Order filed.
Mar. 27, 2006 Finding of Probable Cause filed.
Mar. 27, 2006 Administrative Complaint filed.
Mar. 27, 2006 Election of Rights filed.
Mar. 27, 2006 Notice of Appearance (filed by R. Weaver).
Mar. 27, 2006 Letter to D. Latta from J. Rittenhouse regarding forwarding case file to DOAH filed.
Mar. 27, 2006 Agency referral filed.
Mar. 27, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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