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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs JAMES EDWARD WILSON, II, 08-000397PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-000397PL Visitors: 13
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: JAMES EDWARD WILSON, II
Judges: R. BRUCE MCKIBBEN
Agency: Department of Education
Locations: Tampa, Florida
Filed: Jan. 24, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 3, 2008.

Latest Update: Dec. 25, 2024
OxX-0397 PL PE eye STATE OF FLORIDA Ee F EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 056-1103-R JAMES EDWARD WILSON, 0, Respondent. j AD ISTRATIVE INT Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint against JAMES EDWARD WILSON, Il. 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: SJURISDICTIO;} 1. The Respondent holds Florida Educator’s Certificate 816484, covering the area of Varying Exceptionalitics, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as an SLD Teacher at Armwood High School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3, On or about February 16, 2005, Respondent met privately with a female student, RH, and forced her to place her hand on his pants in his genital arca. Respondent gave a necklace to RH that admittedly had great personal meaning to him and told her it gave Respondent power over her. On at least two occasions Respondent removed RH from her class to speak with her in private when there was no school related issue to justify calling her out of class. 4, Between August 1, 2002 and February 16, 2005, Respondent repeatedly ignored the JAMES EDWARD WILSON, II Administrative Complaint Page 2 of 3 instructions of administrators and as a result placed himself in compromising situations with female students, Examples of Respondent’s insubordination include: A. Aficr an incident in 2002 when a female student accused Respondent of inappropriate comments and touching, Respondent was warned never to be alone with students. In spite of this warning Respondent continued to allow students to eat lunch with him in his classroom with no adults present and with the view into the room intcntionally blocked. B. After repeated warnings by his supervisors, Respondent repeatedly blocked the only window that allowed observation of his classroom from the outside. Cc. On or about July 7, 2003, Respondent received a letter of reprimand for allowing students to use his sign-on code to access inappropriate sexual websites. D. Respondent repeatedly locked the door to his classroom after being warned to keep the door unlocked. 5. On or about June 27, 2006, the school board terminated Respondent from his position for his conduct. STAT VIOLATI 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. COUNT2: 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 isin 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 VIOLATION COUNT 4: The allegations of misconduct set forth herein arc 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 sct forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to JAMES EDWARD WILSON, II Administrative Complaint Page 3 of 3 unnecessary embarrassment or disparagement, COUNT 6: | The allegations of misconduct set forth herein 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. COUNT 7: — The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. 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. st EXECUTED on this 2/ = day of 7) 2vtmber?, 2006. (Abe JOHW L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 08-000397PL
Issue Date Proceedings
Jun. 03, 2008 Order Closing File. CASE CLOSED.
Jun. 02, 2008 Notice of Settlement filed.
May 29, 2008 Notice of Transfer.
May 07, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 13, 2008; 9:00 a.m.; Tampa, FL).
May 05, 2008 Unopposed Motion to Hold Case in Abeyance filed.
Mar. 26, 2008 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Mar. 25, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 8, 2008; 9:00 a.m.; Tampa, FL).
Mar. 19, 2008 Unopposed Motion to Move Date of Final Hearing filed.
Mar. 11, 2008 Notice of Taking Deposition filed.
Mar. 06, 2008 Notice of Deposition filed.
Feb. 15, 2008 Order of Pre-hearing Instructions.
Feb. 15, 2008 Notice of Hearing (hearing set for April 7, 2008; 9:00 a.m.; Tampa, FL).
Feb. 05, 2008 Joint Response to Initial Order filed.
Jan. 31, 2008 Motion for Extension of Time to Respond to Court`s Initial Order filed.
Jan. 24, 2008 Initial Order.
Jan. 24, 2008 Administrative Complaint filed.
Jan. 24, 2008 Election of Rights filed.
Jan. 24, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 24, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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