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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs WYMAN L. GRESHAM, 07-001529PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001529PL Visitors: 21
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: WYMAN L. GRESHAM
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Apr. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 14, 2007.

Latest Update: Nov. 12, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION#() 4 JOHN L. WINN, as Commissioner of Education, Petitioner, vs, "CASE NO. 023-0120-M WYMAN L. GRESHAM, O “fe | S34 Respondent. { ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint against WY MAN L, GRESHAM. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educalor’s certificate pursuanl to Scctions 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 854973, covering the area of Varying Exceptionalities, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed by the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 23, 1998, Respondent was employed in a non-instructional position. Respondent offered M.D., a 13- or 14-year-old, female student money if she would strip for him and perform soxual acts. M.D. transferred to another school following the incident. 4. During the 2001-2002 school year, Respondent engaged C.P., a [cmale student, in inappropriate conversations concerning the student’s personal problems. On or about February 11, 2002, Respondent touched C.P. inappropriately about the hip arca and made inappropriate comments WYMAN L., GRESHAM Administrative Complaint Page 2 of 3 and gestures about scxual act(s). On or about September 19, 2002, the school district issucd Respondent a written reprimand for his conduct and he was also suspended for 5 days without pay. 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 cffectiveness as an employee of the schoo] board. COUNT3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. ULE VIOLATIONS COUNT 4: The allegations of misconduct set forth hercin 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. COUNT 5: The allegations of misconduct set forth hercin are in violation of Rule 6B- 1.006(3){c), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct sct 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! oricntation, or social and family background and shall make reasonable effort to assure thal each student is protected from harassment or discrimination. COUNT 7: The allegations of misconduct set forth hercin are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WYMAN L. GRESHAM Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons sct 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 imposc an appropriate sanction against the Respondent’s cducator’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 cducator’s certificate for a period of time not to exceed five years; revoking the Respondent’s cducator’s certificale 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 permancntly. EXECUTED on this 12° day of February , 2006, blade Commissioner of Education State of Florida

Docket for Case No: 07-001529PL
Issue Date Proceedings
May 14, 2007 Order Closing File. CASE CLOSED.
May 14, 2007 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
May 09, 2007 Respondent`s Answers to Petitioner`s First Interrogatories filed.
Apr. 27, 2007 Order of Pre-hearing Instructions.
Apr. 27, 2007 Notice of Hearing by Video Teleconference (hearing set for June 14 and 15, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 17, 2007 Respondent`s Response to Petitioner`s Request for Admissions filed.
Apr. 09, 2007 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Apr. 09, 2007 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Apr. 09, 2007 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Apr. 09, 2007 Joint Response to Initial Order filed.
Apr. 03, 2007 Administrative Complaint filed.
Apr. 03, 2007 Finding of Probable Cause filed.
Apr. 03, 2007 Election of Rights filed.
Apr. 03, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Apr. 03, 2007 Agency referral filed.
Apr. 03, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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