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
Issue Date |
Proceedings |
Sep. 17, 2008 |
Order Closing File. CASE CLOSED.
|
Sep. 16, 2008 |
Motion to Cancel Hearing and for Remand filed.
|
Aug. 11, 2008 |
Order of Pre-hearing Instructions.
|
Aug. 11, 2008 |
Notice of Hearing (hearing set for October 6, 2008; 9:00 a.m.; Viera, FL).
|
Aug. 06, 2008 |
Response to Initial Order filed.
|
Aug. 06, 2008 |
Notice of Service of Interrogatories filed.
|
Aug. 06, 2008 |
Petitioner`s First Request for Production of Documents filed.
|
Jul. 31, 2008 |
Initial Order.
|
Jul. 31, 2008 |
Administrative Complaint filed.
|
Jul. 31, 2008 |
Amended Election of Rights filed.
|
Jul. 31, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 31, 2008 |
Agency referral filed.
|