Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MARC BARRY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Jun. 08, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 27, 2017.
Latest Update: Oct. 06, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-0104
MARC DANIEL BARRY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against MARC DANIEL BARRY. 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 1201503, covering the area
of Mathematics, which is valid through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Dunbar High School in the Lee County School District.
MATERIAL ALLEGATIONS
3. On or about May 31, 2016, Respondent engaged in a physical altercation with
A.M., an eighteen year old, male student. Respondent forcefully grabbed A.M. and pushed him,
with A.M.’s hands held behind his back, towards the classroom door, ultimately pushing A.M.
into the door causing injury to A.M.’s mouth.
MARC DANIEL BARRY
Administrative Complaint
Page 2 of 2
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)q), 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 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 safety.
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
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 onthis_(g?* aay of Dutemr _,216.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-003295PL
Issue Date |
Proceedings |
Jun. 27, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 27, 2017 |
Joint Motion to Close File filed.
|
Jun. 23, 2017 |
(Respondent) Additional Information filed.
|
Jun. 19, 2017 |
Order of Pre-hearing Instructions.
|
Jun. 19, 2017 |
Notice of Hearing by Video Teleconference (hearing set for August 3, 2017; 9:30 a.m.; Fort Myers and Tallahassee, FL).
|
Jun. 19, 2017 |
Respondent's Response to Initial Order filed.
|
Jun. 19, 2017 |
Petitioner's Response to Initial Order filed.
|
Jun. 09, 2017 |
Initial Order.
|
Jun. 08, 2017 |
Administrative Complaint filed.
|
Jun. 08, 2017 |
Election of Rights filed.
|
Jun. 08, 2017 |
Agency referral filed.
|