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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JOHN KANE, 17-000799PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-000799PL Visitors: 2
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JOHN KANE
Judges: SUZANNE VAN WYK
Agency: Department of Education
Locations: Ochlockonee Bay, Florida
Filed: Feb. 07, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 15, 2017.

Latest Update: Jan. 05, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 156-3038 JOHN Kk. KANE, Respondent. ! ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Echication, files this Administrative Complaint against JOHN K. KANE. 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 L The Respondent holds Florida Educator's Certificate 1007871, covering the areas of Mathematics, Middle Grades Integrated Curriculum and Gifted, which is valid through June 30, 2019. 2, At all times pertinent hereto, the Respondent was employed as an Engineering Teacher at Wakulla High School in the Wakulla County School District. MATERIAL ALLEGATIONS 3. During the 2015/2016 school year, Respondent engaged in an inappropriate relationship with E.H., a sixteen year old, female student. Respondent began to nurture the relationship when E.H. was in the eighth grade, m Respondent’s Algebra class. Ru wrote private notes to E.H., gave E.H. special attention and referred to EH. as h during E.H.’s eighth grade year. Respondent increased the intensity of his relationship with E.R. over time and by the 2015/2016 school year, Respondent told E.H. that he loved her, that if they were to have a relationship it would have to be discreet and he wrote EH. a romantic poem. JOHN EK. KANE Administrative Complaint Page 2 of 3 Additionally, Respondent gave E.H. cards and gifts including but not limited to; two cans of mace, a folding knife and a $100 bill. 4, On or about April 22, 2016, Respondent retired in lieu of termination from bis eaching position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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)G), 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(2}(a)1, 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 satety. GIGNATURE ON FOLLOWING PAGE) JOHN K. KANE 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 €" _ dayof September 2016. STEWART, a Comunissioner of Education State of Florida

Docket for Case No: 17-000799PL
Source:  Florida - Division of Administrative Hearings

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