Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: STANLEY METTLING
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Bradenton, Florida
Filed: Feb. 02, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 18, 2009.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
04-0547 PL
JOHN L. WINN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 045-2643-D
STANLEY GREY METTLING,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against STANLEY GREY METTLING. 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:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 582574, covering the areas of
Emotionally Handicapped, Mentally Handicapped and Administration, which is valid through June
30, 2007.
2. At all times pertinent hereto, the Respondent was employed as a Vocational
Education Teacher at Haile Middle School in the Manatee County School District.
MATERIAL ALLEGATIONS
3. In October of 2004, Respondent took his Exceptional Student Education (ESE) class
to the gym as a reward and instructed the students in wrestling moves. After an altercation between
two students, Respondent held one student down and let the second student hit the first student and
put a dirty sock in his mouth. On or about October 12, 2004, Respondent was called to a meeting
with the principal with regard to the incident and was told that he was an ESE teacher and not a
physical education teacher and should not use physical activity as a reward for his students.
STANLEY GREY METTLING
Administrative Complaint
Page 2 of 3
4, On or about December 10, 2004, Respondent allowed students from another class to
join his class in a game of football, which he was again using as a reward. Once the game was
started Respondent returned to his classroom, leaving the two classes of students unsupervised
outside. During this time, two students became involved in an altercation whereby a male student
threw a football at a female student hitting her on the ear and causing her to bleed. The female
student was chasing after the male student when Respondent heard the commotion and came back
outside. Respondent grabbed the boy and instructed the girl to hit him while Respondent held him.
5. On or about February 17, 2005, Respondent left his class under the supervision of
ateacher’s aide without permission while he left campus to umpire a softball game. During this time
two students became involved in an altercation. On or about February 21, 2005, as a result of this
incident, Respondent was reprimanded for leaving his class without proper supervision and fer
leaving campus early without permission.
6. Prior to February 18, 2005, Respondent inappropriately disciplined students by
putting them in a closet for time-out. Respondent’s principal issued him a letter of reprimand for
his conduct.
STATUTE VIOLATIONS
COUNT i: 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.
COUNT 3: 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
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 4: 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.
(SIGNATURE ON FOLLOWING PAGE)
STANLEY GREY METTLING
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 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 Z(, _ day of Acker 2006.
Veta
JOHN L. WINN, as
Commissioner of Education
State of Florida
Docket for Case No: 09-000547PL
Issue Date |
Proceedings |
Feb. 18, 2009 |
Order Closing File. CASE CLOSED.
|
Feb. 17, 2009 |
Order of Pre-hearing Instructions.
|
Feb. 17, 2009 |
Notice of Hearing (hearing set for April 9, 2009; 9:00 a.m.; Bradenton, FL).
|
Feb. 17, 2009 |
Stipulated Motion to Close and Relinquish Jurisdiction filed.
|
Feb. 09, 2009 |
Joint Response to Initial Order filed.
|
Feb. 02, 2009 |
Initial Order.
|
Feb. 02, 2009 |
Administrative Complaint filed.
|
Feb. 02, 2009 |
Election of Rights filed.
|
Feb. 02, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Feb. 02, 2009 |
Agency referral filed.
|