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JOHN WINN, AS COMMISSIONER OF EDUCATION vs WILLIAM SHOCKNESS, 06-001238PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001238PL Visitors: 4
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: May 23, 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.
Apr. 25, 2006 Notice of Hearing (hearing set for June 6 and 7, 2006; 9:00 a.m.; Fort Myers, FL).
Apr. 20, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Apr. 20, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Apr. 20, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Apr. 19, 2006 Unilateral Response to Initial Order filed.
Apr. 12, 2006 Initial Order.
Apr. 12, 2006 Finding of Probable Cause filed.
Apr. 12, 2006 Administrative Complaint filed.
Apr. 12, 2006 Election of Rights filed.
Apr. 12, 2006 Notice of Appearance (filed by C. Whitelock).
Apr. 12, 2006 Letter to W. Shockness from J. Rittenhouse regarding forwarding case to the Division of Administrative Hearings filed.
Apr. 12, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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