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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs IAN SALAZAR, 10-010516PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010516PL Visitors: 4
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.
Source:  Florida - Division of Administrative Hearings

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