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.
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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