Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JACK O`GRADY
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Brooksville, Florida
Filed: Jul. 23, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 17, 2010.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 090-0986
JACK O'GRADY,
Respondent.
INISTRA’ COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against JACK O'GRADY. The Petitioner seeks the appropriate disciplinary sanction of
the Respondent’s educator’s certificate pursuant fo Sections 1012.315, 1012.795, and 1012.796,
Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Pririciples 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 980575, covering the areas of
+ ercasle Tare
Physical Education and Social Science, which is valid through fume 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as a World History
Teacher at Nature Coast Technical High School in the Hernando County School District.
MATE. ALLEGATIONS
3. At the beginning of the 2009-2010 school year, in Hernando County, Florida, while
employed asa teacher at Nature Coast Technical High School, Respondent engaged in inappropriate
conduct toward A.A., a fifteen-year-old Islamic male student of middle eastern descent.
4. Respondent made inappropriate comments directed at A.A. including but not limited
to, calling him a “terrorist.” Respondent would also toss a toy grenade to A.A. during class.
JACK O'GRADY
Administrative Complaint
Page 2 of 3
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 Respondent is in violation of Section 1012.795(1)(), 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
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.
(SIGNATURE ON FOLLOWING PAGE)
JACK O'GRADY
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; 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 AA _ day of frpul 2010.
Commissionér of Education
State of Florida
Docket for Case No: 10-006135PL
Issue Date |
Proceedings |
Sep. 17, 2010 |
Order Closing File. CASE CLOSED.
|
Sep. 13, 2010 |
Motion to Close File filed.
|
Sep. 02, 2010 |
Notice of Taking Deposition A. Alabed filed.
|
Aug. 31, 2010 |
Notice of Taking Deposition (of J. O'Grady) filed.
|
Aug. 26, 2010 |
Notice of Service of Petitioner's Answers to Respondent's First Interrogatories to Petitioner filed.
|
Aug. 26, 2010 |
Notice of Service of Petitioner's Response to Respondent's Request for Production filed.
|
Aug. 25, 2010 |
Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
|
Aug. 25, 2010 |
Notice of Service of Respondent's Answers to Petitioner's First set of Interrogatories filed.
|
Aug. 25, 2010 |
Notice of Service of Respondent's Response to Petitioner's First Request for Admissions filed.
|
Aug. 17, 2010 |
Order of Pre-hearing Instructions.
|
Aug. 17, 2010 |
Notice of Hearing (hearing set for September 30, 2010; 10:00 a.m.; Brooksville, FL).
|
Jul. 26, 2010 |
Joint Response to Initial Order filed.
|
Jul. 26, 2010 |
Respondent's First Interrogatories to Petitioner filed.
|
Jul. 26, 2010 |
Request for Production filed.
|
Jul. 26, 2010 |
Notice of Service of Interrogatories and Request for Production filed.
|
Jul. 26, 2010 |
Certificate of Service of Discovery filed.
|
Jul. 23, 2010 |
Administrative Complaint filed.
|
Jul. 23, 2010 |
Election of Rights filed.
|
Jul. 23, 2010 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jul. 23, 2010 |
Agency referral filed.
|
Jul. 23, 2010 |
Initial Order.
|