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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs STANLEY METTLING, 09-000547PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000547PL Visitors: 7
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
Source:  Florida - Division of Administrative Hearings

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