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PAM STEWART, AS COMMISSIONER OF EDUCATION vs WILLIAM WEINKLE, 13-002046PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002046PL Visitors: 4
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM WEINKLE
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Jun. 05, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 19, 2013.

Latest Update: Oct. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-0930 WILLIAM L. WEINKLE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Par Stewart, as Commissioner of Education, files this Administrative Complaint against WILLIAM L. WEINKLE. 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 744139, covering the area of Biology, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher at John A. Ferguson Senior School in the Miami-Dade County School District. TERIAL ALLEGATIONS 3. During the beginning of the 2011-2012 school year, the Respondent made inappropriate comments to students in class. Specifically: (a) the Respondent commented on the physical appearance of female students, causing them to feel uncomfortable and singled out; (b) the Respondent commented on the taste of breast milk; and WILLIAM L. WEINKLE Administrative Complaint Page 2 of 3 (c) the Respondent told an off-color joke that alluded to oral sex. 4. As a result of the conduct alleged on Paragraph 3 of this Administrative Complaint, the Respondent and the school district entered into an agreement whereby the Respondent was suspended for five days without pay. 5. After his return to classroom duties, in the second half of the 2011-2012 school year, the Respondent made inappropriate comments to students in class. Specifically: (a) the Respondent told female student R.A. “if you were a couple of years older I would marry you,” or words to the effect; and (b) the Respondent commented that “you need to inhale more oxygen during sex or else your performance would not be that good,” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 2: 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 3: 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) WILLIAM L. WEINKLE 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 >20** day of N overnten- 2012. lb PAM STEWART, as Commissioner of Education State of Florida :

Docket for Case No: 13-002046PL
Issue Date Proceedings
Sep. 19, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 19, 2013 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Aug. 15, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 21 and 23, 2013; 9:00 a.m.; Miami, FL).
Aug. 15, 2013 CASE STATUS: Motion Hearing Held.
Aug. 14, 2013 Joint Motion to Continue filed.
Jun. 21, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 3 and 4, 2013; 9:00 a.m.; Miami, FL).
Jun. 20, 2013 Joint Motion to Continue filed.
Jun. 14, 2013 Notice of Hearing by Video Teleconference (hearing set for July 24, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 14, 2013 Order of Pre-hearing Instructions.
Jun. 05, 2013 Initial Order.
Jun. 05, 2013 Administrative Complaint filed.
Jun. 05, 2013 Election of Rights filed.
Jun. 05, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 05, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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