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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JACK O`GRADY, 10-006135PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006135PL Visitors: 8
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.
Jul. 23, 2010 Agency referral filed.
Jul. 23, 2010 Initial Order.
Source:  Florida - Division of Administrative Hearings

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