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PAM STEWART, AS COMMISSIONER OF EDUCATION vs STEVEN GILCHRIST, 15-001555PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001555PL Visitors: 16
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN GILCHRIST
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Mar. 19, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 6, 2015.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-1286 STEVEN JOHN GILCHRIST, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEVEN JOHN GILCHRIST. 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 581839, covering the area of Mathematics, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a History Teacher at Frank Peterson Academy in the Duval County Schoo! District, MATERIAL ALLEGATIONS 3. On or about March 8, 2011, Respondent made the following inappropriate statements (or statements to the same effect) during class and in the presence of students and a colleague: on, (2) “do you want to pet my pussy?”; followed by (b) “get that cat out of the way.” STEVEN JOHN GILCHRIST Administrative Complaint Page 2 of 3 4.- On or about April 23, 2012, in the presence of a student and a colleague, Respondent made an inappropriate sexual comment and gesture mimicking masturbation when referring to the reason a student’s arm was in a cast. 5. On or about July 16, 2012, as a result of Respondeni’s conduct alleged in paragraphs 3 and 4 herein, the Duval County School District (District) issued Respondent a letter of reprimand and suspended Respondent's employment for i5 days without pay. 6. On or about October 18, 2013, Respondent became angry during class and kicked a classroom chair. The subject chair nearly hit a student. 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)(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 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(3Xe), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) STEVEN JOHN GILCHRIST 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 barrmg the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently. EXECUTED on this 4 aayor_ December, 2014. Ly cLeborees PAM STEWART, as Commissioner of Education State of Florida Ne “OD WE se EDUCATION PRACTICES COMMISSION STATE OF FLORIDA GRETCHEN KELLEY BRANTLEY MARK STRAUSS Executive Director Chairperson LEE ANN GUSTAFSON . DAVID THOMPSON Counsel Co-Chairperson March 19, 2015 Steven Gilchrist 4251 Ortega Farms Circle Jacksonville, Florida 32210 RE: Pam Stewart, as Commissioner of Education vs. Steven Gilchrist DOE #581839 EPC Case # 15-0124-RT (reference all correspondence with this number) Dear Mr. Gilchrist: On March 13, 2015, the Department of Education (DOE) filed your case with us, the Education Practices Commission (EPC) to review and take appropriate action based upon the Election of Rights you submitted. As you requested, we are forwarding your case to the Division of Administrative Hearings (DOAH) for a formal hearing. DOAH will notify you as to the date, time and location of your formal hearing. It is important that you review and timely respond to all documents you receive and comply with all deadlines assigned, so that you have the opportunity to dispute any of the facts alleged. If you are Pro Se, DOAH’s website has an entire section on representing yourself. Once DOAH hears your case, the Administrative Law Judge will submit a Recommended Order back to us, the EPC, to take final agency action. We will schedule your case for a final hearing. We will notify you as to the date, time and location of your final hearing. All address changes after filing the Election of Rights, must be filed in writing with us, the EPC. It is your responsibility to make sure your address is up-to-date and you check your mail. Our office will move your case forward with or without your participation. If you have any questions, we can be reached at (850) 245-0455. Sincerely, ° J. | - Fr Gretchen Kelley Brantley, as Clerk of EPC Ce: Ron Weaver, Esquire Tad Delegal, Ill, Esquire Duval County Schools Office of Professional Practices Services Counsel for Professional Practices Services Bureau of Educator Certification 325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455

Docket for Case No: 15-001555PL
Issue Date Proceedings
Aug. 06, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 06, 2015 (Petitioner's) Unopposed Motion to Close File filed.
Aug. 05, 2015 Notice of Withdrawal as Counsel of Record (for Respondent) filed.
Jul. 07, 2015 Order Allowing Testimony by Telephone.
Jul. 06, 2015 (Petitioner's) Unopposed Motion for Witness to Appear at Final Hearing by Telephone filed.
Jul. 06, 2015 Petitioner's (Proposed) Exhibit List filed.
Jul. 06, 2015 Petitioner's Witness List filed.
May 18, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 18, 2015; 9:30 a.m.; Jacksonville, FL).
May 15, 2015 (Respondent's) Unopposed Motion for Continuance filed.
May 14, 2015 Notice of Substitution of Counsel (Stephanie Schaap) filed.
Apr. 01, 2015 Order of Pre-hearing Instructions.
Apr. 01, 2015 Notice of Hearing by Video Teleconference (hearing set for June 4, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Mar. 31, 2015 Petitioner's Amended Response to Initial Order filed.
Mar. 26, 2015 Petitioner's Response to Initial Order filed.
Mar. 20, 2015 Initial Order.
Mar. 19, 2015 Answer to Administrative Complaint filed.
Mar. 19, 2015 Election of Rights filed.
Mar. 19, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Mar. 19, 2015 Agency referral filed.
Mar. 19, 2015 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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