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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs MICHAEL ANTHONY BROWN, 10-006136PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006136PL Visitors: 5
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL ANTHONY BROWN
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Jul. 23, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 21, 2010.

Latest Update: Sep. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION [Ole [ Ble AL DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 690-627. : MICHAEL ANTHONY BROWN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MICHAEL ANTHONY BROWN. 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 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: DICTION i The Respondent holds Florida Educator’s Certificate 773709, covering the area of Mathematics, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Forrest High School in the Duval County School District. MATE! LEGATIONS 3. On or about May 29, 2009, Respondent became involved in a physical altercation with C.W., a sixteen-year-old, male student, after C.W. hit Respondent on the forehead with a ruler. Respondent became angry and grabbed C.W. and wrestled him to the top of a desk where Respondent held C, W. down with his hands on C.W.’s throat. Asa resuit of the confrontation, C.W. suffered scratches and a bruise on his neck. 4. On or about July 9, 2009, the district issued Respondent a letter of reprimand and suspended him from his teaching position for a period of 15 days. MICHAEL ANTHONY BROWN Administrative Complaint Page 2 of 3 The Petitioner charges: TUTE VIO ONS COUNT1: TheRespondentis 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 VIO INS COUNT 2: 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 3: 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) MICHAEL ANTHONY BROWN Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Expianation 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 Qryj__ day of fins QQ, 2010. State of Florida

Docket for Case No: 10-006136PL
Issue Date Proceedings
Sep. 21, 2010 Order Closing File. CASE CLOSED.
Sep. 20, 2010 Motion to Close File filed.
Sep. 14, 2010 Amended Notice of Taking Deposition (of M. Brown) filed.
Sep. 14, 2010 Notice of Taking Deposition (of M. Brown) filed.
Aug. 27, 2010 Certificate of Service of Discovery filed.
Aug. 27, 2010 Certificate of Service of Discovery Responses filed.
Aug. 26, 2010 Order of Pre-hearing Instructions.
Aug. 26, 2010 Notice of Hearing (hearing set for October 19 and 20, 2010; 10:00 a.m.; Jacksonville, FL).
Aug. 11, 2010 Answer and Affirmative Defenses filed.
Aug. 06, 2010 Certificate of Service of Discovery filed.
Aug. 02, 2010 Joint Response to Initial Order filed.
Jul. 28, 2010 Notice of Appearance (of K. Doolittle) filed.
Jul. 26, 2010 Initial Order.
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.
Source:  Florida - Division of Administrative Hearings

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