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.
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