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GERALD ROBINSON, AS COMMISSIONER OF EDUCATION vs JOEL COTTON, 13-000112PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000112PL Visitors: 36
Petitioner: GERALD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: JOEL COTTON
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Pensacola, Florida
Filed: Jan. 10, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 14, 2013.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. ; CASE NO, 101-2968 JOEL NEAL COTTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against JOEL NEAL COTTON. 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 899032, covering the area of Technology Education, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Drafting Teacher at Pensacola High School in the Escambia County School District. MATERIAL ALLEGATIONS 3. During the time period of around April, 2011, while employed as an educator, Respondent allowed eleventh grade male student J.K. access to Respondent’s district-issued computer which was used by J.K. on multiple occasions to access and download inappropriate pornographic cartoons. : 4. During the spring semester of 2011, Respondent disparaged male student R.H. by calling him names such as, “dumbass.” Respondent used his district-issued computer to type to Respondent’s students that, “Ray is gay,” or something to that effect, referring to student R.H. JOEL NEAL COTTON Administrative Complaint Page 2 of 3 5. During the spring semester of 2011, Respondent allowed inappropriate pictures, such. as an overweight woman in a bikini or naked and an animated woman masturbating, to appear on students’ school computers so that the students could see the pictures. 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)(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 3: The Respondent isin violation of Section 1012.795(1)(q), 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 4: 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. COUNTS: 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) JOEL NEAL COTTON 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 | Y bh day of {V i en, “4 > 2012. Lerd bower GERARD ROBINSON, as Comunissioner of Education State of Florida

Docket for Case No: 13-000112PL
Source:  Florida - Division of Administrative Hearings

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