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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs OXLEY OWEN CHRISTIANI, 12-003425PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003425PL Visitors: 5
Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: OXLEY OWEN CHRISTIANI
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Oct. 18, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 25, 2013.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO. 101-0725 OXLEY OWEN CHRISTIAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of ‘Education, files this Administrative Complaint against OXLEY OWEN CHRISTIANI. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant t6 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 1062943, covering the area of Biology, which was valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher at Jan Mann Opportunity Center School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year the Respondent engaged in inappropriate disciplinary techniques and conduct towards students. Specifically, the Respondent: (a) required two female students, L.H. and S.W. to remain standing during several class periods; (b) engaged in a physical altercation with female student D.W. by grabbing D.W.’s hair and pulling out one of D.W.’s hair braids; Filed October 18, 2012 1:36 PM Division of Administrative Hearings OXLEY OWEN CHRISTIANI Administrative Complaint Page 2 of 3 (c) engaged in a verbal altercation with D.W., and stated to D.W. “Don’t try no nigga” and “Y’ll knock you the fuck out” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS 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. COUNT2: The Respondentis in violation of Section 1012.795(1\j), 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) OXLEY OWEN CHRISTIANI 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 Respondents 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 29"? day of November, 2011. Lara GERARD ROBINSOW, as Commissioner of Education State of Florida

Docket for Case No: 12-003425PL
Issue Date Proceedings
Jan. 25, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 25, 2013 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 22, 2013 Order on Motion to Relinquish Jurisdiction.
Jan. 16, 2013 Petitioner's Reply/Motion for Additional Sanctions filed.
Jan. 15, 2013 Respondent's Letter Response to Petitioner's Motion to Relinquish Jurisdiction/Motion to Cancel Hearing/Motion for Sanctions field filed.
Jan. 11, 2013 Petitioner's Notice of Filing filed.
Jan. 04, 2013 Petitioner's Motion to Relinquish Jurisdiction/Motion to Cancel Hearing/Motion for Sanctions filed.
Dec. 03, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 6, 2013; 9:00 a.m.; Miami, FL).
Nov. 29, 2012 Petitioner's Notice of Filing filed.
Nov. 29, 2012 Respondent's Letter Response to Petitioner's Motion to Compel/Motion to Reset Heaing Date filed.
Nov. 27, 2012 Petitioner's Motion to Compel/Motion to Reset Hearing Date filed.
Nov. 01, 2012 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Nov. 01, 2012 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 01, 2012 Notice of Service of Petitioners First Set of Interrogatories to Respondent filed.
Nov. 01, 2012 Order of Pre-hearing Instructions.
Nov. 01, 2012 Notice of Hearing by Video Teleconference (hearing set for December 4, 2012; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 26, 2012 (Respondent's) Unilateral Response to Initial Order filed.
Oct. 26, 2012 (Petitioner's) Unilateral Response to Initial Order filed.
Oct. 18, 2012 Initial Order.
Oct. 18, 2012 Agency referral filed.
Oct. 17, 2012 Election of Rights filed.
Oct. 17, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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