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PAM STEWART, AS COMMISSIONER OF EDUCATION vs WILLIAM KRAMER, 20-002526PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002526PL Visitors: 6
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM KRAMER
Judges: YOLONDA Y. GREEN
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Jun. 02, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 30, 2020.

Latest Update: Jun. 16, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-3455 WILLIAM GEORGE KRAMER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against WILLIAM GEORGE KRAMER. 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 783680, covering the areas of Health and Physical Education, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education and Health Teacher at Kirby Smith Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about June 15, 2004, the Education Practices Commission entered a Final Order sanctioning Respondent’s Florida educator’s certificate. 4. On or about November 13, 2006, the Education Practices Commission entered a second Final Order sanctioning Respondent’s Florida educator’s certificate. WILLIAM GEORGE KRAMER Administrative Complaint Page 2 of 3 5. On or about April 21, 2016, during a class discussion regarding marijuana, Respondent made disparaging comments to seventh grade student, S.P., when Respondent: a) Implied that S.P.’s mother must smoke marijuana; and b) Told S.P. that her mother was “stupid” and “ignorant,” or words to that effect. 6. On multiple occasions during the 2015-2016 school year, Respondent disparaged student, M.K., by calling M.K. “stupid.” The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)@), 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. (SIGNATURE ON FOLLOWING PAGE) WILLILAM GEORGE KRAMER 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. de EXECUTED on this Al day of 7NAACK , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 20-002526PL
Issue Date Proceedings
Oct. 09, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Proposed Exhibits to Petitioner.
Oct. 05, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 30, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 30, 2020 Unopposed Motion to Close File filed.
Sep. 28, 2020 Joint Pre-Hearing Stipulation filed.
Sep. 28, 2020 Petitioner's Notice of Filing Proposed Exhibits filed.
Sep. 28, 2020 Petitioner's Amended Exhibit List filed.
Sep. 28, 2020 Petitioner's Amended Witness List filed.
Sep. 25, 2020 CASE STATUS: Pre-Hearing Conference Held.
Sep. 24, 2020 Notice of Telephonic Pre-hearing Conference (set for September 25, 2020; 3:00 p.m., Eastern Time).
Sep. 22, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for October 9, 2020; 9:00 a.m., Eastern Time; Jacksonville; amended as to Type of Hearing).
Sep. 17, 2020 Notice of Transfer.
Sep. 14, 2020 Petitioner's Motion for Final Hearing via Zoom filed.
Jul. 20, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for October 9, 2020; 9:00 a.m.; Jacksonville and Tallahassee, FL).
Jul. 20, 2020 Parties Availability for Final Hearing filed.
Jul. 02, 2020 Order Continuing Hearing (parties to advise status by July 16, 2020).
Jul. 02, 2020 Unopposed Motion to Continue Final Hearing filed.
Jul. 02, 2020 CASE STATUS: Status Conference Held.
Jul. 01, 2020 Notice of Telephonic Motion Hearing (motion hearing set for July 2, 2020; 11:00 a.m.).
Jun. 29, 2020 Unopposed Motion to Change Hearing Location and for In-Person Hearing filed.
Jun. 18, 2020 Procedural Order.
Jun. 18, 2020 Order of Pre-hearing Instructions.
Jun. 18, 2020 Notice of Hearing by Video Teleconference (hearing set for August 7, 2020; 9:00 a.m.; Jacksonville and Tallahassee, FL).
Jun. 10, 2020 Petitioner's Response to Initial Order filed.
Jun. 02, 2020 Initial Order.
Jun. 01, 2020 Unopposed Motion to Re-Open File filed. (FORMERLY DOAH CASE NO. 17-4995PL)
Apr. 17, 2018 Response to Order Relinquishing Jurisdiction and Closing File filed.
Apr. 17, 2018 Order Accepting Remand, Relinquishing Jurisdiction to the Commissioner of Education, and Closing File.
Mar. 30, 2018 Petitioner's Unopposed Motion to Relinquish Jurisdiction to the Education Practices Commission filed.
Mar. 30, 2018 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Mar. 29, 2018 Order Granting Leave to Amend.
Mar. 28, 2018 Joint Motion for Case Status Conference filed.
Mar. 28, 2018 Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Mar. 28, 2018 CASE STATUS: Motion Hearing Held.
Jan. 10, 2018 Order Rescheduling Hearing (hearing set for April 10, 2018; 10:00 a.m.; Jacksonville, FL).
Jan. 10, 2018 Revised Order of Pre-hearing Instructions.
Jan. 09, 2018 Case Status Report filed.
Nov. 09, 2017 Order Granting Continuance, Order Canceling Hearing, and Requiring Status Report (parties to advise status by January 9, 2018).
Nov. 08, 2017 Unopposed Motion for Continuance filed.
Nov. 02, 2017 Petitioner's Witness List filed.
Nov. 02, 2017 Petitioner's Exhibit List filed.
Oct. 16, 2017 Notice of Service of Respondent's Answers to Petitioner's First Interrogatories, Request for Admission and Request for Production filed.
Sep. 20, 2017 Notice of Hearing by Video Teleconference (hearing set for November 20, 2017; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Sep. 20, 2017 Order of Pre-hearing Instructions.
Sep. 19, 2017 Petitioner's Response to Initial Order filed.
Sep. 15, 2017 Certificate of Service of Discovery filed.
Sep. 13, 2017 Initial Order.
Sep. 07, 2017 Agency referral filed.
Sep. 07, 2017 Election of Rights filed.
Sep. 07, 2017 Administrative Complaint filed.
Sep. 07, 2017 Notice of Appearance (S. Schaap).
Source:  Florida - Division of Administrative Hearings

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