Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM SHOCKNESS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Apr. 12, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 1, 2006.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION a7
JOHN L. WINN, as
Commissioner of Education,
Petitioner,
Vs. , CASE NO. 023-1541-S
WILLIAM SHOCKNESS,
Respondent. ; Obs . [ 93¢7L
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against WILLIAM SHOCKNESS. 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 743568, covering the area of
Biology, which was valid through June 30, 2004.
2. At all times pertinent hereto, the Respondent was employed as a Dropout Prevention
Teacher at Alternative Learning Center in the Lee County School District.
MATERIAL ALLEGATIONS
3. During the 2002-2003 school year, Respondent repeatedly made inappropriate
comments to and inappropriately touched 16-year-old female students. Examples of Respondent’s
inappropriate behavior included:
a. hitting M.E. on the bottom with rolled-up papers;
b. asking to see M.E.’s underwear and pulling M.E.’s jeans to try to look at her
underwear;
c. telling male students that C.G. had a big butt;
d. asking T.P. what she had under her skirt;
WILLIAM SHOCKNESS
Administrative Complaint
Page 2 of 3
e. asking W.W. to sit on his lap, and asking her to go to the movies with him;
f telling V.B. that he had “12 inches” and would make her mother “climb the
walls,” or words to that effect;
g. telling V.B. that he wanted some “pussy” for Christmas.
4, Respondent also offered to rescind a referral on M.J., a male student, if M.J. would
help him by convincing M.E. not to file a complaint against him.
5. The school district did not renew Respondent’s contract for the next school year.
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)(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.
COUNT3: 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 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 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.
COUNT5: 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 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 against
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 background and shall
make reasonable effort to assure that each student is protected from harassment or discrimination.
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to
WILLIAM SHOCKNESS
Administrative Complaint
Page 3 of 3
obtain special advantages.
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; or barring the Respondent from reapplying for an educator’s certificate for
a period of time up to 10 years or permanently.
EXECUTED on this ZOHO day of LBeervd ou, 205,
pal hein
Commissioner of Education
State of Florida
Docket for Case No: 06-001238PL
Issue Date |
Proceedings |
Oct. 11, 2007 |
Letter to Judge Cohen from K. Richards regarding re-filing filed.
|
Oct. 02, 2006 |
Request to Reopen Case filed. (DOAH CASE NO. 06-3765PL ESTABLISHED)
|
Jun. 01, 2006 |
Order Closing File. CASE CLOSED.
|
May 31, 2006 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
May 25, 2006 |
Notice of Telephonic Motion Hearing (Motion hearing set for May 31, 2006; 11:00 a.m.).
|
May 23, 2006 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts or Alternatively Motion to Compel filed.
|
Apr. 25, 2006 |
Order of Pre-hearing Instructions.
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Apr. 25, 2006 |
Notice of Hearing (hearing set for June 6 and 7, 2006; 9:00 a.m.; Fort Myers, FL).
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Apr. 20, 2006 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Apr. 20, 2006 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Apr. 20, 2006 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Apr. 19, 2006 |
Unilateral Response to Initial Order filed.
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Apr. 12, 2006 |
Initial Order.
|
Apr. 12, 2006 |
Finding of Probable Cause filed.
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Apr. 12, 2006 |
Administrative Complaint filed.
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Apr. 12, 2006 |
Election of Rights filed.
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Apr. 12, 2006 |
Notice of Appearance (filed by C. Whitelock).
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Apr. 12, 2006 |
Letter to W. Shockness from J. Rittenhouse regarding forwarding case to the Division of Administrative Hearings filed.
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Apr. 12, 2006 |
Agency referral filed.
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