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.
|