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: Dec. 22, 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.
|