Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: IAN SALAZAR
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Panama City, Florida
Filed: Dec. 09, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 7, 2011.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, i pj
Commissioner of Kaveation, | 0 - } 0 A) lag L
Petitioner,
vs. CASE NO. 090-1823"
IAN SALAZAR,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against LAN SALAZAR. 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:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 1056908, covering the area of
Middle Grades Integrated Curriculum, which was valid through June 30, 2010.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
rat
Teacher at Rosenwald High School in the Bay County School District.
MATERIAL ALLEGATIONS
3. During the 2009 - 2010 school year, Respondent engaged in inappropriate conduct.
Respondent attempted to establish an inappropriate relationship with D.B., a seventeen-year-old
female student. Respondent bought D.B. various articles including, but not limited to, a cell phone,
school shirts, jackets and food.
4. During the month of January 2010, Respondent sent text messages to D.B. which
consisted of phrases such as, “hi sweetie, just wanted to say more than ever God has placed me in
your life... love you and am here for you....I really needed you this weekend... | sometimes need
IAN SALAZAR
Administrative Complaint
Page 2 of 3
to open up also....But I don’t just trust anybody,” or words to that effect. To a text question from
D.B. asking if he was “hitting on her,” Respondent replied, “not until June 12th.”
5. Respondent offered to allow D.B. to stay with him if she ever had an argument with
her mother.
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)(j), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(a), Florida Administrative Code, in that Respondent bas failed to make reasonable cffort
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 4: 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.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent bas exploited a relationship with a
student for personal gain or advantage.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to
obtain special advantages.
(SIGNATURE ON FOLLOWING PAGE)
IAN SALAZAR
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 \ By of Ocks hee , 2010.
SLA.
DR. C J. SMITH, as
Commissioner of Education
State of Florida
Docket for Case No: 10-010516PL
Issue Date |
Proceedings |
Feb. 07, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Feb. 04, 2011 |
Unopposed Motion to Cancel Hearing and for Remand filed.
|
Feb. 04, 2011 |
Oral Deposition of Ian Salazar (exhibit P-1) filed.
|
Feb. 03, 2011 |
Agency`s court reporter confirmation letter filed with the Judge.
|
Feb. 01, 2011 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Feb. 01, 2011 |
Pre-hearing Stipulation filed.
|
Jan. 11, 2011 |
Notice of Taking Deposition via Teleconference (Ian Salazar) filed.
|
Dec. 22, 2010 |
Order of Pre-hearing Instructions.
|
Dec. 22, 2010 |
Notice of Hearing by Video Teleconference (hearing set for February 8, 2011; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
|
Dec. 16, 2010 |
Petitioner's First Request for Production of Documents filed.
|
Dec. 16, 2010 |
Notice of Service of Interrogatories filed.
|
Dec. 16, 2010 |
Joint Response to Initial Order filed.
|
Dec. 10, 2010 |
Initial Order.
|
Dec. 09, 2010 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Dec. 09, 2010 |
Election of Rights filed.
|
Dec. 09, 2010 |
Administrative Complaint filed.
|
Dec. 09, 2010 |
Agency referral filed.
|