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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs OTHO BOYKIN, 12-002339PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002339PL Visitors: 49
Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: OTHO BOYKIN
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Brooksville, Florida
Filed: Jul. 12, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 30, 2012.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2367 OTHO BOYKIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against OTHO BOYKIN. 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, JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 1005646, covering the areas of Reading and Social Science, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Bayside High School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about February 10, 2011, in Pinellas County, Florida, Respondent told his students to read “like you have big boobs or a big willie,” or words to that effect. Respondent told his class that they would be reading aloud from a book, and that the girl with the “biggest boobs” would read first, or words to that effect. Respondent then stated that after the girls finished reading, Respondent would call the boy with the smallest penis to read, or words to that effect. 4. On or about February 18, 2011, the Pinellas County School District reassigned Respondent to the Pinellas County School District warehouse. Filed July 12, 2012 9:14 AM Division of Administrative Hearings OTHO BOYKIN Administrative Complaint Page 2 of 3 The Petitioner charges: COUNT 1: 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. COUNT 2: — 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 3: 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 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. (SIGNATURE ON FOLLOWING PAGE) OTHO BOYKIN 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. yy “-v EXECUTED on this | BT day of A ody, , 2011. JOHN 'L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 12-002339PL
Source:  Florida - Division of Administrative Hearings

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