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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs STEPHEN COLEMAN, 09-000822PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000822PL Visitors: 41
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: STEPHEN COLEMAN
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Feb. 13, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 29, 2009.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 09-633 PL JEANINE BLOMBERG, as Commissioner of Education, Petitioner, vs. CASE NO. 045-2541-T STEPHEN SCOTT COLEMAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanitie Blomberg, as Commissioner of Education, files this Administrative Complaint against STEPHEN SCOTT COLEMAN. 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 578461, covering the areas of English to Speakers of Other Languages (ESOL), General Science, Political Science, Social Science, Sociology, Middle Grades, and Law, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Spruce Creek High School in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school year the Respondent engaged in inappropriate and unprofessional conduct in his classroom in that he: ‘ (a) made comments to students about taking “happy pills"; (b) made a minor female student uncomfortable by staring at her chest; STEPHEN SCOTT COLEMAN Administrative Complaint Page 2 of 3 (c) made comments about a minor female student's appearance to other students in the presence of the female student; and (d) made a minor male student uncomfortable by placing his hands on the sides of the student below his waist and attempting to tickle him. 4. During the 2005-2006 school year the Respondent engaged in inappropriate and improper conduct in his classroom in that he: guidelines for use of videotapes and movies in the classroom; (b) allowed students to watch a playoff basketball game on television during his class; (c) permitted two students to engage in a "choking game" in which one student choked another while the Respondent and othier students watched; (d) made comments to a minor female student about her appearance, whether she liked "bondage" and the fact that she had tumed eighteen and was “legal”; and (e) made one or more telephone calls to the home of a female student whom he accused of getting him fired, and threatened to come to her home if she did not return his call. 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)(f), 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 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- STEPHEN SCOTT COLEMAN Administrative Complaint Page 3 of 3 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 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. 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 educaior’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 ceitificate 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 \C $ = day of Rusust , 2007. nike BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 09-000822PL
Issue Date Proceedings
Jun. 29, 2009 Order Closing File. CASE CLOSED.
Jun. 25, 2009 Notice of Settlement filed.
Jun. 01, 2009 Order of Pre-hearing Instructions.
Jun. 01, 2009 Notice of Hearing by Video Teleconference (hearing set for July 27 and 28, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
May 27, 2009 Notice of Substitution of Counsel (filed by K. Holbrook) filed.
May 20, 2009 Letter to Judge Nelson from R. Mason regarding available dates for hearing filed.
May 07, 2009 Order Granting Continuance (parties to advise status by May 18, 2009).
May 07, 2009 Joint Motion for Continuance filed.
May 06, 2009 Joint Motion for Continuance filed.
Mar. 25, 2009 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Feb. 23, 2009 Petitioner`s First Set of Interrogatories filed.
Feb. 23, 2009 Petitioner`s Notice of Serving First Set of Interrogatories to Respondent filed.
Feb. 23, 2009 Petitioner`s Request for Production filed.
Feb. 23, 2009 Petitioner`s First Request for Admissions to Respondent filed.
Feb. 19, 2009 Notice of Serving First Request for Production of Documents to Petitioner filed.
Feb. 19, 2009 Notice of Serving Interrogatories to Petitioner filed.
Feb. 18, 2009 Order of Pre-hearing Instructions.
Feb. 18, 2009 Notice of Hearing by Video Teleconference (hearing set for May 11 and 12, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Feb. 16, 2009 Joint Response to Initial Order filed.
Feb. 13, 2009 Initial Order.
Feb. 13, 2009 Administrative Complaint filed.
Feb. 13, 2009 Election of Rights filed.
Feb. 13, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 13, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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