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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs DAVID ARTHUR STRASSEL, II, 19-006168PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006168PL Visitors: 32
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: DAVID ARTHUR STRASSEL, II
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Nov. 20, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 28, 2020.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-1057 DAVID ARTHUR STRASSEL II, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against DAVID ARTHUR STRASSEL II. 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 i. The Respondent holds Florida Educator’s Certificate 724442, covering the area of History, which is valid through June 30, 2024. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Spruce Creek High School in the Volusia County School District. MATERIAL ALLEGATIONS 33 During the 2016/2017 and 2017/2018 school years, Respondent, in his position as director of the Sports Trainer Program at his school, directed disparaging and inappropriate comments towards students, some of which were of a sexual nature, struck students on the buttocks and allowed and encouraged an atmosphere among students that was embarrassing and hurtful to other students. Respondent’s conduct included but was not limited to: a) Respondent commented unfavorably on students’ weight, identifying three m7 students as members of Fat Bit or Fk. AC-2 DAVID ARTHUR STRASSEL II Administrative Complaint Page 2 of 3 b) Respondent made comments about fil students working for a quarter on Ridgewood, an area known for prostitution. c) Respondent compared female genitals to a biscuit and male genitals to chicken tenders and made inappropriate comments such as a female student wanting a male student’s chicken tender in her biscuit, or words to that effect. d) When HB tucent, Wshared thatfnaa eaten at Five Guys restaurant the previous night, Respondent commented, “Wow, five guys in one night?” which HB 00k to have a sexual connotation. e) Respondent allowed and, by his conduct encouraged, students to make inappropriate jokes of a sexual nature at the expense of other students. f) Respondent struck at least three [students on the buttocks with his hand and/or an object. g) Respondent pulled the hair of | | a BB cusen, with enough force to almost pull =. the ground. h) Respondent threw objects such as athletic tape at students with the intent of hitting the students. i) Respondent made racially discriminating comments including but not limited to telling a HE student, that the only way Mi would get into a good college would be because of ace. j) In the presence of f a nigh school student, and other students, Respondent made sexually suggestive comments about i: mother. 4. Respondent’s conduct caused multiple students to resign from the Sports Trainer Program, 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(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 AC-3 DAVID ARTHUR STRASSEL II Administrative Complaint Page 3 of 3 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(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. th EXECUTED on this 4 day of August , 2019. CHARD CORCORAN, as Commissioner of Education State of Florida AC-4

Docket for Case No: 19-006168PL
Issue Date Proceedings
Sep. 28, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 14, 2020 Notice of Case Status and Request for Court to Relinquish Jurisdiction filed.
Sep. 03, 2020 Order Granting Continuance (parties to advise status by September 14, 2020).
Sep. 02, 2020 Agreed Motion to Continue Final Hearing filed.
Aug. 24, 2020 Notice of Appearance (Thomas Schulte) filed.
Jul. 16, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for September 16, 2020; 9:00 a.m.; Daytona Beach; amended as to Type of Hearing).
Jul. 14, 2020 Joint Motion for Final Hearing via Zoom filed.
May 20, 2020 Order of Pre-hearing Instructions.
May 20, 2020 Notice of Hearing (hearing set for September 16, 2020; 9:00 a.m.; Daytona Beach).
May 08, 2020 Notice of Service of Respondent's Response to Petitioner's First Request for Admissions filed.
May 08, 2020 Notice of Service of Respondent's Answers to Petitioner's First Interrogatories and Response to Petitioner's First Request for Production of Documents filed.
Apr. 30, 2020 Case Status Report in Response to Order Granting Continuance filed.
Apr. 17, 2020 Notice of Service of Respondent's First Interrogatories and Request for Production filed.
Apr. 14, 2020 Certificate of Service of Discovery filed.
Apr. 08, 2020 Order Granting Continuance (parties to advise status by April 30, 2020).
Apr. 01, 2020 Unopposed Motion to Continue Final Hearing filed.
Jan. 29, 2020 Order Granting Continuance and Rescheduling Hearing (hearing set for May 12 and 13, 2020; 9:00 a.m.; Daytona Beach).
Jan. 17, 2020 Joint Motion to Continue Hearing filed.
Dec. 12, 2019 Order of Pre-hearing Instructions.
Dec. 12, 2019 Notice of Hearing (hearing set for March 10 and 11, 2020; 9:00 a.m.; Daytona Beach).
Dec. 11, 2019 Amended Response to Initial Order filed.
Nov. 22, 2019 Agreed Upon Response to Initial Order filed.
Nov. 20, 2019 Initial Order.
Nov. 20, 2019 Administrative Complaint filed.
Nov. 20, 2019 Finding of Probable Cause filed.
Nov. 20, 2019 Election of Rights filed.
Nov. 20, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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