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JOHN WINN, AS COMMISSIONER OF EDUCATION vs GREGORY HARRIS, 06-003721PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003721PL Visitors: 45
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: GREGORY HARRIS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 5, 2006.

Latest Update: Nov. 05, 2024
re STATE OF FLORIDA, £2 EDUCATION PRACTICES COMMISSION A 1b OCT ~2 p> p, 02 JOHN L. WINN, as [ip Commissioner of Education, Petitioner, vs. Case Number: 034-0521-M se Respondent, Dw -3wIPL / ADMINISTRATIVE COMPLAINT agape Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GREGORY IVAN HARRIS. 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-1006, 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 829422, covering the area of Political Science which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Deerfield Beach High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2002-2003 school year the Respondent engaged in improper conduct with one or more minor female students in that he: (a) asked a student what kind and color of underwear she was wearing and if he could see it; GREGORY IVAN HARRIS Administrative Complaint Page 2 of 3 (b) discussed using marijuana with a student; (c) offered to provide a student with marijuana at school; and (d) provided a student with a small bag of marijuana at school. “a anes | 4. On or about May 29, 2003, the Respondent was in possession of marijuana © located in his motor vehicle at Deerfield Beach High School. De a STATUTE VIOLATIONS COUNT 1. The allegations of misconduct set forth herein are 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 allegations of misconduct set forth herein are in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces that person’s effectiveness as an employee of the school board. COUNT 3. ‘The allegations of misconduct set forth herein-are 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 failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental 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 intentionally exposed a student to unnecessary embarrassment or disparagement. 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 GREGORY IVAN HARRIS Administrative Complaint Page 3 of 3 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 2S “day of Z Grell. 2005. L. Winn, as Commissioner of Education, State of Florida

Docket for Case No: 06-003721PL
Issue Date Proceedings
Dec. 05, 2006 Order Closing File. CASE CLOSED.
Dec. 04, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 16, 2006 Notice of Service of Respondent`s Responses to Petitioner`s First Discovery Requests filed.
Oct. 17, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Oct. 17, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Oct. 17, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Oct. 06, 2006 Order of Pre-hearing Instructions.
Oct. 06, 2006 Notice of Hearing by Video Teleconference (hearing set for December 18 and 19, 2006; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 04, 2006 Joint Response to Initial Order filed.
Oct. 02, 2006 Administrative Complaint filed.
Oct. 02, 2006 Finding of Probable Cause filed.
Oct. 02, 2006 Election of Rights filed.
Oct. 02, 2006 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 02, 2006 Letter to G. Harris from J. Vetre regarding forwarding the case file to the Division of Administrative Hearings filed.
Oct. 02, 2006 Agency referral filed.
Oct. 02, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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