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PAM STEWART, AS COMMISSIONER OF EDUCATION vs BRENDEN WINSLETT, 18-004720PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-004720PL Visitors: 13
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: BRENDEN WINSLETT
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Land O Lakes, Florida
Filed: Sep. 10, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 18, 2018.

Latest Update: Nov. 20, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-3595 BRENDEN WINSLETT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint againsts BRENDEN WINSLETT. 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 1283338, covering the areas of Biology and General Science, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Wiregrass Ranch High School in the Pasco County School District. MATERIAL ALLEGATIONS 3. During the 2016-2017 school year, Respondent sent inappropriate messages to mk. al year old, student. The messages included, but were not limited to: a) A comic strip depicting a squirrel penis and a squirrel appearing to have intercourse with a person, b) A picture of Respondent without a shirt on; and BRENDEN WINSLETT Administrative Complaint Page 2 of 3 c) A picture of a worksheet regarding the reproductive system that depicted an anatomical vagina but also had a cartoon penis drawn on top of it. 4. Respondent’s conduct alleged herein, made student fi feel uncomfortable and embarrassed. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(i), Florida Statutes, in that Respondent has been the subject of a court order directing the Education Practices Commission to suspend the certificate as a result of a delinquent child support obligation. 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. (SIGNATURE ON FOLLOWING PAGE) BRENDEN WINSLETT 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 1¢* day of _[ arch , 2018. bd bere) PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-004720PL
Issue Date Proceedings
Oct. 18, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 27, 2018 Petitioner's Motion for Order to Show Cause and Motion to Relinquish Jurisdiction filed.
Sep. 26, 2018 Order Granting Leave to Amend.
Sep. 25, 2018 Order Granting Leave to Withdraw.
Sep. 20, 2018 Order of Pre-hearing Instructions.
Sep. 20, 2018 Notice of Hearing (hearing set for November 7, 2018; 9:30 a.m.; Land O Lakes, FL).
Sep. 18, 2018 Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Sep. 17, 2018 Certificate of Service of Discovery filed.
Sep. 17, 2018 Petitioner's Response to Initial Order filed.
Sep. 11, 2018 Motion to Withdraw as Counsel of Record filed.
Sep. 11, 2018 Initial Order.
Sep. 10, 2018 Administrative Complaint filed.
Sep. 10, 2018 Election of Rights filed.
Sep. 10, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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