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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ANTRELL DIRDEN, 10-001130PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001130PL Visitors: 9
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ANTRELL DIRDEN
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Mar. 04, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 31, 2010.

Latest Update: Sep. 29, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as 1O-//g0PL Commissioner of Education, Petitioner, vs. CASE NO. 078-3224 ANTRELL DIRDEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ANTRELL DIRDEN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professionai 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 886571, covering the area of Music, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at William Dandy Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2007/2008 school year, the Respondent engaged in inappropriate conduct towards student D.H. in that: A. On more than one occasion, the Respondent put money down the front of D.H.’s pants, briefly inappropriately touching D.H.’s body and/or genitalia; B. On one occasion, the Respondent attempted to kiss D.H.; ANTRELL DIRDEN Administrative Complaint Page 2 of 3 Cc. On one occasion, the Respondent placed his head on or near D.H.’s crotch, causing D.H. to feel uncomfortable; and Dz. The Respondent frequently told D.H. he loved him and, if D-H. failed to say it back to him, the Respondent hit D.H. on his chest. 4. During the 2007/2008 school year, the Respondent engaged in inappropriate conduct towards A.D. in that: A. On one occasion, the Respondent attempted to put money down the front of A.D.’s pants, but A.D. backed away; B. On one occasion, the Respondent drove A.D. home. While making conversation, the Respondent began to rub A.D. on his stomach, progressively lower toward A.D.’s groin, until A.D. pushed his hand away and told him to stop; and C. The Respondent frequently told A.D. he loved him, and if A.D. failed to say it back to him, the Respondent hit A.D. on his chest. 5. In approximately April 2008, the Respondent invited D.H., A.D. and other male students to attend the fair with him and indicated he would get a hotel room. 6. The Respondent’s inappropriate conduct, comments, and gestures caused D.H. and A.D. unnecessary discomfort, anxiety, embarrassment and concern. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), 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)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Proféssion prescribed by State Board of Education rules. ANTRELL DIRDEN Administrative Complaint Page 3 of 3 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 to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNTS: 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 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; determining the Respondent to be ineligible for certification; 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 ** day of “Sune 2009. Commissioner of Education State of Florida

Docket for Case No: 10-001130PL
Source:  Florida - Division of Administrative Hearings

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