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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs KENNETH D. WALKER, 08-003773PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003773PL Visitors: 12
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: KENNETH D. WALKER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Viera, Florida
Filed: Jul. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 17, 2008.

Latest Update: Dec. 24, 2024
ON BTTD PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSTON JEANINE BLOMBERG, as Commissioner of Education, Petitioner, vs. CASE NO. 056-3740-A KENNETH DPD. WALKER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against KENNETH D. WALKER. The Petitioner sceks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant 10 Sections {012.795 and 1012.796, Florida Statutes, and pursuant to Rulc 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 t. The Respondent holds Florida Educator’s Certificate 982780, covering the area of Social Science, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Eau Galltie High School in the Brevard County School District. MATERIAL ALLEGATIONS 3. During the 2005-2006 school year the Respondent made inappropriate and unprofessional comments to students. These comments include, but are not limited to, the following: (a) referring to girls dancing on television, the Respondent stated to students in the classroom “look at them shake their asses"; (b) told a female cheerleader "those shorts are really short, don't you get in trouble?"; KENNETH D. WALKER Administrative Complaint Page 2 of 3 (c) made flirtatious comments to female students; (d) made comments to a female student about her tongue bar; and (e) called a male student a “pussy” in front of other students. 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 (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 3: 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 condilions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: 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 unnecessary embarrassment or disparapement. (SIGNATURE ON FOLLOWING PAGE) KENNETH D, WALKER Administrative Complaint Page 3 of 3 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 10!2.796(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 nat to excced 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 cducator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this “> _ day ot Deglenber, 2007. Yeas BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-003773PL
Source:  Florida - Division of Administrative Hearings

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