Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: ANDRE GAINEY
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 10, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 15, 2013.
Latest Update: Sep. 21, 2024
STATE OF FLORIDA.
EDUCATION PRACTICES COMMISSION
DR, TONY BENNETT, as
Commissioner of Education,
Petitioner,
VS. . CASE NO, 112-3256
ANDRE LACHON GAINEY,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative
Complaint against ANDRE LACHON GAINEY. 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 6A~10.081, 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 586774, coveritig the areas of
Drama and Mathematics, which is valid through June 30, 2016,
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Young Men's Preparatory Academy in the Miami-Dade County School District,
MATERIAL ALLEGATIONS
3. On or about October 23, 2011, in Broward County, Florida, while under the
influence of alcohol, Respondent drove a motor vehicle and struck thé rear of another vehicle. Upon
approaching Respondent, a law enforcement officer observed an odor of alcohol from Respondent’s
facial area and urine from Respondent’s person. Respondent showed signs of impairment on field
sobriety tests. Respondent had a breath alcohol level of 182 and .179 g/210 liters as measured by.
a breath test. Respondént was arrested and charged with Driving Under the Influence with Property
Damage, Driving Under the Influence, and Careless Driving.
ANDRE LACHON GAINEY
Administrative Coriplaint
Page 2 of 3
4, On or about January 19,2012, Respondent pledno contest to Count 1, Driving Under
the Influence with Property Damage; Count 2, Driving Under the Influence; and Count3, Careless
Driving. Respondent was adjudicated guilty of Count 1, Driving Under the Influence with Property
Damage. Count 2 was nolle prossed, arid Count 3 was dismissed.
5. Respondent failed to report the conviction to school district authorities within 48
hours.
6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision
of guilty by a court is prima facie proof of grounds for révocation or other sanctions.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes,
in that Respondent has been convitted or found guilty of, or entered.a plea of guilty to, regardless
of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor
traffic violation.
COUNT 2: The Respondentis 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 Respondent is in violation of Rule 6A~10,081(5)(mn), Florida
Adininistrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to
appropriate authorities (as determined by district) any arrests/charges involving the abuse ofa child
or the sale and/or possession of a controlled substance. Such notice shall not be considered an
admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or
criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall
self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial
diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other
than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling
sealed and expunged records disclosed under this rule, school districts shall comply with. the
confidentiality provisions of Sections 943.0585(4)(6) and 943.059(4)(c), Florida Statutes.
(SIGNATURE ON FOLLOWING PAGE)
ANDRE LACHON GAINEY
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 ot 4
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 petiod of time not to
exceed five years; revoking the Réespondent’s educator’s certificate for a period of time upto 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.
re on a
EXECUTED on this 5 day of Lune , 2013,
DR. TONY BENNETT as
Commissioner of Education
State of Florida
Docket for Case No: 13-003371PL
Issue Date |
Proceedings |
Oct. 15, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Oct. 15, 2013 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Oct. 01, 2013 |
Order on Petitioner`s Request for Official Recognition.
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Sep. 17, 2013 |
Order of Pre-hearing Instructions.
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Sep. 17, 2013 |
Notice of Hearing by Video Teleconference (hearing set for November 13, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
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Sep. 16, 2013 |
Petitioner's Request for Official Recognition filed.
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Sep. 16, 2013 |
Joint Response to Initial Order filed.
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Sep. 10, 2013 |
Administrative Complaint filed.
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Sep. 10, 2013 |
Election of Rights filed.
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Sep. 10, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Sep. 10, 2013 |
Agency referral filed.
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Sep. 10, 2013 |
Initial Order.
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