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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs OSCAR JAMES ROBINSON, 09-000342PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000342PL Visitors: 1
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: OSCAR JAMES ROBINSON
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jan. 20, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 24, 2009.

Latest Update: Jul. 06, 2024
STATE OF FLORIDA oy ‘y EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as 0 q- 0 34d PL Commissioner of Education, Petitioner, vs. CASE NO. 056-3059-I OSCAR JAMES ROBINSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against OSCAR JAMES ROBINSON. The Petitioner seeks the appropriate disciplinary sariction 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 spécifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: . JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 956254, covering the area of Mathematics, which was valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Boca Raton High School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school year the Respondent made inappropriate comments and improperly touched minor female students in that he: (a) rubbed a student’s head after she complained of having a headache; (b) rubbed a student's back after she complained of having a backache; (c) placed his fingers in holes in a student's jeans and tickled her thigh; OSCAR JAMES ROBINSON Administrative Complaint Page 2 of 3 (d) told a cheerleader her shorts were too short and that as a cheerleader she did not need to get attention by wearing short shorts; (e) placed his head on a student's lap while they were alone in the classroom; (f) upon asking a student where she was going after school and being told she and friends were going to the beach, the Respondent replied "cute girls in bathing suits, sounds like fun; if you definitely go, give me a call", or words of similar import; (g) twice told a student "get your head out of the gutter" after she told the Respondent she would be happy with a test score higher than a 69, which was her score on a previous test; (h) placed his head on the shoulder of a student and gave her the answer to a test question after she raised her hand for help on a quiz; (i) told a student who was wearing jeans with holes in them that it was very distracting to him and others; (j) asked a student if she was wearing a g-string: and (k) placed his hand over the hand ofa student and wrote an answer to atest question © for her during a quiz. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Resnondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immotality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(8), 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 Respondentis 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 4: 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 OSCAR JAMES ROBINSON Administrative Complaint Page 3 of 3 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 set 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 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. 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. EXECUTED on this <> _dayof Seok mbar , 2007. ; , (ANINE BLOMBERG, as Commissioner of Education. State of Florida

Docket for Case No: 09-000342PL
Issue Date Proceedings
Feb. 24, 2009 Order Closing File. CASE CLOSED.
Feb. 23, 2009 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Feb. 04, 2009 Notice of Service of Interrogatories and Request for Production filed.
Jan. 30, 2009 Respondent`s Motion to Continue Final Hearing filed.
Jan. 28, 2009 Order Directing Filing of Exhibits
Jan. 28, 2009 Order of Pre-hearing Instructions.
Jan. 28, 2009 Notice of Hearing by Video Teleconference (hearing set for April 16 and 17, 2009; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
Jan. 27, 2009 Joint Response to Initial Order filed.
Jan. 21, 2009 Initial Order.
Jan. 20, 2009 Administrative Complaint filed.
Jan. 20, 2009 Election of Rights filed.
Jan. 20, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 20, 2009 Agency referral filed.
Jan. 29, 2008 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 29, 2008 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 29, 2008 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Source:  Florida - Division of Administrative Hearings

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