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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KERMIT WEBB, 14-004739PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004739PL Visitors: 24
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KERMIT WEBB
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Oct. 13, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 31, 2014.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Comunissioner of Education, Petitioner, VS. CASE NO. 112-2850 KERMIT DEON WEBB, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KERMIT DEON WEBB. 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, covering the area of Chemistry, which was valid through June 30, 2014, 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Baldwin Middle Senior High School in the Duval County School District, MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent engaged in the following inappropriate conduct: a.) Respondent used inappropriate language in the presence of hig students, including, but not limited to “shit,” “fuck,” “bitch,” and “faggor’, b.) Respondent told jokes with students that were sexual in nature: KERMIT DEON WEBB Administrative Complaint Page 2 of 3 c.) Respondent told students, “Fuck off? and “Sit your ass down,” or words to that effect and talked about fighting students: d.) Respondent told female students they were “hot” and made other remarks about their bodies; and ¢.) Respondent called students “gay.” Respondent’s remarks caused students to feel embarrassed. Some students began skipping Respondent's class in order to avoid further interactions with Respondent. 4, On. or about March 8, 2012, the Duval County School Board voted to terminate Respondent's employment based on Respondent’s conduct as alleged herein, 5. On or about March 20, 2012, Respondent resigned from his position with the Duval County School Board, effective April 4, 2012, 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 effectiveness as an employee of the school board, COUNT 2: The Respondent is in violation of Section 1012.795(1)q), Florida Statates, 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 im violation of Rule 6A- 10.081(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 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed. a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(2), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national of ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family KERMIT DEON WEBB Administrative Complaint Page 3 of 3 background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. 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 fo, 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 |S¥ day of _ Yusw 5 2014. Lou Hphcwrs PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004739PL
Issue Date Proceedings
Oct. 31, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 31, 2014 (Petitioner's) Unopposed Motion to Close File filed.
Oct. 28, 2014 Notice of Taking Deposition (Kermit Webb) filed.
Oct. 21, 2014 Order of Pre-hearing Instructions.
Oct. 21, 2014 Notice of Hearing by Video Teleconference (hearing set for December 3, 2014; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Oct. 21, 2014 Petitioner's Amended Response to Initial Order filed.
Oct. 20, 2014 Petitioner's Response to Initial Order filed.
Oct. 13, 2014 Initial Order.
Oct. 13, 2014 Letter to Kermit Webb from Gretchen Brantley regarding your case filed.
Oct. 13, 2014 Administrative Complaint filed.
Oct. 13, 2014 Election of Rights filed.
Oct. 13, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 13, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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