Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM DONALD RICE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Tampa, Florida
Filed: Nov. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 29, 2008.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
JOHN L. WINN, as
Commissioner of Education,
Petitioner,
vs, CASE NO. 034-1606-D
WILLIAM DONALD RICE,
Respondent.
ADMINISTRATIVE COMPLAINT ~
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Coneplaini
against WILLIAM DONALD RICE. 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-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 645156, covering the area of
Mathematics, which is valid through June 30, 2008.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Hillsborough High School in the Hillsborough County School District, and as a
Mathematics Teacher at Winter Haven High School in the Polk County School District
MATERIAL ALLEGATIONS
3. On or about July 31, 2003, Respondent picked up his 14-year-old step-son by the
neck, choking him, pulled him by the hair, banged his head against the wall several times and struck
him with a closed fist as punishment for chipping paint offa door jam. Respondent grabbed his step-
son, tearing his step-son’s shorts, and threw him out of the house. Thereafter, Respondent grabbed
his wife and threw her on a bed in anger. When law enforcement officers arrived, Respondent stayed
outside cursing and refused to stop screaming. When a law enforcement officer asked him to stop
WILLIAM DONALD RICE
Administrative Complaint
Page 2 of 3
causing a disturbance, Respondent told the officer to “kiss my ass,” or words to that effect, and
continued the disturbance in the presence of children and neighbors. Respondent was arrested and
charged with two counts of Domestic Battery and one count of Disorderly Conduct. On or about
September 19, 2003, the state attorney’s office filed information against Respondent charging him
with: Battery (Domestic Violence); Culpable Negligence; Contributing to the Delinquency or
Dependency of a Child; Obstructing or Opposing an Officer without Violence; and Disorderly
Conduct. Respondent entered a pre-trial intervention program on these charges.
4. The Hillsborough County School District declined to renew Respondent’s contract
for the 2004-2005 school year.
5. During the 2004-2005 school year, Respondent made inappropriate, unprofessional
and disparaging remarks to or about students in the presence of others. The remarks included
profanity, threats of violence, and degrading remarks about students’ physical appearance or
educational program. Respondent hit at least one student with a ruler or yard stick and gave other
students permission to hit students with a ruler or yard stick, if a student misbehaved. Respondent
also denied appropriate accommodations to exceptional education students, such as extended time
in which to complete a test. On or about April 8, 2005, the school district placed Respondent on paid
leave and thereafter declined to renew his contract for the 2005-2006 school year.
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 effectiveness
as an employee of the school board.
COUNT3: The Respondent is 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 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.
WILLIAM DONALD RICE
Administrative Complaint
Page 3 of 3
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 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)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a
student’s legal rights.
COUNT 7: 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 ethnic origin, political beliefs,
marital status, handicapping condition, sexual orientation, or social and family background and shall
make reasonable effort to assure that each student is protected from harassment or discrimination.
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
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 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 on this Ql} day of _, 2006.
_ pte as
Commissioner of Education
State of Florida
Docket for Case No: 07-005310PL
Issue Date |
Proceedings |
Jan. 29, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 22, 2008 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Jan. 04, 2008 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Jan. 04, 2008 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Jan. 04, 2008 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Dec. 19, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 19, 2007 |
Notice of Hearing (hearing set for February 12 and 13, 2008; 9:00 a.m.; Tampa, FL).
|
Dec. 10, 2007 |
Unilateral Response to Initial Order filed.
|
Nov. 20, 2007 |
Initial Order.
|
Nov. 20, 2007 |
Election of Rights filed.
|
Nov. 20, 2007 |
Request for Administrative Hearing filed.
|
Nov. 20, 2007 |
Agency referral filed.
|
Nov. 20, 2007 |
Administrative Complaint filed.
|