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JOHN WINN, AS COMMISSIONER OF EDUCATION vs ALAN LAURENCE SYMONETTE, 07-000176PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000176PL Visitors: 5
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: ALAN LAURENCE SYMONETTE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 19, 2007.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ADI, AM JOHN L, WINN, as Wels Tp OF Commissioner of Education, AR ied Wp Petitioner, vs, ; Case Number: 045-0720-T ALAN LAURENCE SYMONETTE, Respondent. 01 . O | T 7) ? LU t ADMINISTRATIVE COMPLAINT 2.16. °* Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ALAN LAURENCE SYMONETTE. The Petitioncr 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 759030, covering the area of Mathematics which is valid through June 30, 2006. 2. At all times pertinent horcto, the Respondent was cmployed as a Teacher al Miami Central Scnior High School in the Miami-Dade County School District, MATERIAL ALLEGATION 3. During the 2003-2004 school year the Respondent engaged in unprofessional conduct in that he made numerous inappropriate comments of a sexual nature to male and female students at school. The Respondent talked with students about a fellow female leacher's anatomy and how be would like to have sex with her, discussed the size of his genitalia; talked about sexual acts that he would like to perform with femalc students; asked mule students if they wanted to touch or suck his penis; ALAN LAURENCE SYMONETTE Administrative Complaint Page 2 of 3 inappropriately touched one or-more female students; and talked to students about scxual acts he would like to perform with teachers or with the mothers of his students. On or about May 6, 2004, Respondent resigned. ‘ STATUTE VIOLATIONS COUNT 1. — The allegations of misconduct set forth hercin 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 Respondent is in violation of Section (012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employce 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 thc Education Profession in Florida prescribed by State Board of Education. 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 safety. COUNTS. 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 etlmic origin, political beliefs, marital status, handicapping condition, sexual oricntation, or social and family background and shall make reasonable effort to assure that cach student is protected from harassment or discrimination. (SIGNATLRE ON FOLLOWING PAGE) ALAN LAURENCE SYMONETTE Administrative Complaint Page 3 of 3 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 (o 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 onc 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 onthis 2(+Paay of Pep oan 2005. alii Commissioner of Education, State of Florida.

Docket for Case No: 07-000176PL
Issue Date Proceedings
Mar. 19, 2007 Order Closing File. CASE CLOSED.
Mar. 16, 2007 Letter to Judge Sartin from A. Symonette requesting hearing date filed.
Mar. 15, 2007 Notice of Non-Appearance filed.
Mar. 06, 2007 Order to Show Cause why Case should not be Closed (response shall be filed on or before March 16, 2007).
Feb. 28, 2007 Motion to Compel Discovery filed.
Feb. 28, 2007 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Jan. 26, 2007 Order of Pre-hearing Instructions.
Jan. 26, 2007 Notice of Hearing (hearing set for March 29 and 30, 2007; 9:30 a.m.; Miami, FL).
Jan. 22, 2007 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 22, 2007 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 22, 2007 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Jan. 22, 2007 Joint Response to Initial Order filed.
Jan. 12, 2007 Administrative Complaint filed.
Jan. 12, 2007 Finding of Probable Cause filed.
Jan. 12, 2007 Election of Rights filed.
Jan. 12, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 12, 2007 Agency referral filed.
Jan. 12, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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