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.
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Mar. 11, 2008 |
Notice of Taking Deposition filed.
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Mar. 06, 2008 |
Notice of Deposition filed.
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Feb. 15, 2008 |
Order of Pre-hearing Instructions.
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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.
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Jan. 31, 2008 |
Motion for Extension of Time to Respond to Court`s Initial Order filed.
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Jan. 24, 2008 |
Initial Order.
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Jan. 24, 2008 |
Administrative Complaint filed.
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Jan. 24, 2008 |
Election of Rights filed.
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Jan. 24, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jan. 24, 2008 |
Agency referral filed.
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