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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs EDWARD VINCENT NORTON, 08-003054PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003054PL Visitors: 159
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: EDWARD VINCENT NORTON
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Sanford, Florida
Filed: Jun. 23, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 2, 2008.

Latest Update: Dec. 24, 2024
9 ¥ m0SY PL FILER STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 2008 JUN 23 A ti: 29 ¥ISION OF DR. ERIC J. SMITH, as Aoi NISTRATIVE Commissioner of Education, EARTH #GS Petitioner, vs. CASE NO. 056-1489-M EDWARD VINCENT NORTON, Respondent. / ADMINIS IVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against EDWARD VINCENT NORTON. 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 Adminisirative 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: URISDICTION . The Respondent holds Florida Educator’s Certificate 621171, covering the area of English, which was valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was emplayed as an English Tcacher and Coach at Lake Howell High School in the Seminole County School District. MATERIAL ALLEGATIONS 3. In or around 2005, in Seminole County, Florida, the Respondent engaged in a romantic and sexual relationship with a student, who was a minor. In furtherance of that relationship, the Respondent sent romantic emails to the student, wrote letters, and wrote poems to her. The Respondent authored documents written as “chapters” that were in the first person, and detailed romantic feelings, activities and events related to the relalionship. These chapters were stored on a computer in the classroom taught by the Respondent. The Respondent engaged in multiple sexual acts with the student, including sexual intercourse, on multiple occasions. In addition, the Respondent took pictures of the student engaged in sexual acts. EDWARD VINCENT NORTON Administrative Complaint Page 2 of 3 4. Tn or around December 9, 2005, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, the Respondent was charged with: Counts 1 - 3 Unlawful Sexual Activity with Minor Count 4 - Use of a Child in a Sexual Performance Counts 5 - 44 - Possession of Material Depicting Sexual Conduct by a Child 5. On or about August 13, 2007, the Respondent pled guilty to, and was adjudicated guilty of Counts 1 and 5. The Petitioner charges: 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){e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principics of Professional Conduct for the Education Profession prescribed by Stale Board of Education rules. COUNT4: — The Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: 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 lo protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 6: | The allegations of misconduct set forth hercin are in violation of Ruic 6B- 1,006(3)(c)}, Florida Administrative Code, in that Rospondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 7: _ The allegations of misconduct sct forth herein are in violation of Rule 6B- 1,006(3\(h), Florida Administrative Code, in that Respandent has exploited a relationship with a EDWARD VINCENT NORTON Administrative Complaint Page 3 of 3 COUNT 7: 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. WHEREFORE, based on the rcasons 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 1B aayor December 20071, Commissiottér of Education State of Florida

Docket for Case No: 08-003054PL
Issue Date Proceedings
Sep. 02, 2008 Order Closing File. CASE CLOSED.
Sep. 02, 2008 Motion to Close File filed.
Aug. 27, 2008 Notice of Taking Deposition filed.
Jul. 29, 2008 Notice of Transfer.
Jul. 29, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 18, 2008; 9:00 a.m.; Sanford, FL).
Jul. 28, 2008 Petitioner`s Motion for Continuance and Change of Hearing Location filed.
Jul. 21, 2008 Notice of Taking Deposition (Edward Vincent Norton) filed.
Jul. 02, 2008 Order of Pre-hearing Instructions.
Jul. 02, 2008 Notice of Hearing (hearing set for August 8, 2008; 9:00 a.m.; Bradenton, FL).
Jun. 25, 2008 Petitioner`s First Requests for Admissions to Respondent filed.
Jun. 25, 2008 Petitioner`s First Request for Production of Documents filed.
Jun. 25, 2008 Petitioner`s First Set of Interrogatories to Respondent filed.
Jun. 25, 2008 Certificate of Service of Discovery filed.
Jun. 25, 2008 Response to Initial Order filed.
Jun. 23, 2008 Initial Order.
Jun. 23, 2008 Administrative Complaint filed.
Jun. 23, 2008 Election of Rights filed.
Jun. 23, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 23, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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