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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs STEVEN J. KEMPA, 20-004355PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004355PL Visitors: 5
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN J. KEMPA
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Sarasota, Florida
Filed: Oct. 01, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 30, 2020.

Latest Update: May 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2008 STEVEN J. KEMPA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against STEVEN J. KEMPA. 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 1246542, covering the areas of Exceptional Student Education (ESE), Mathematics and Social Science, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at School for the Arts in the Manatee County School District. MATERIAL ALLEGATIONS 3. On or_about December 31, 2017, Respondent allowed I aM year old BB student, and || a a <2: NAAM st de to spend the night at his personal residence. On or about January 1, 2018, Respondent allowed fill to stay the night at his personal residence. 4. Respondent failed to report to police or the Department of Children and Families that was at his residence even though had been reported as a runaway. Probable Cause Letter and Administrative Complaint.-2 STEVEN J. KEMPA Administrative Complaint Page 2 of 3 5. On or about January 17, 2018, Respondent was arrested and charged with Unlawful Sexual Activity With a Minor. On or about April 24, 2018, the State Attorney’s Office chose not to pursue the charge against Respondent. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(b), Florida Statutes, in that Respondent knowingly failed to report actual or suspected child abuse as required in s. 1006.061 or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of students as required in s. 1012.796. COUNT 2: The Respondent is in violation of section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 3: 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 4: 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. (SIGNATURE ON FOLLOWING PAGE) Probable Cause Letter and Administrative Complaint.-3 STEVEN J. KEMPA 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 ("J day of July , 2020. Mi RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-4

Docket for Case No: 20-004355PL
Issue Date Proceedings
Dec. 03, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Proposed Exhibits to Petitioner.
Dec. 01, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 30, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 30, 2020 Unopposed Motion to Close File filed.
Nov. 23, 2020 Petitioner's Notice of Filing Proposed Exhibits filed.
Nov. 20, 2020 Return of Service (M.L. Rood) filed.
Nov. 20, 2020 Return of Service (H.B. Myers) filed.
Nov. 20, 2020 Return of Service (H.J. Myers) filed.
Nov. 19, 2020 Joint Pre-Hearing Stipulation filed.
Nov. 18, 2020 Petitioner's Amended Witness List filed.
Nov. 17, 2020 Respondent's Witness and Exhibit List filed.
Nov. 17, 2020 Petitioner's Exhibit List filed.
Nov. 17, 2020 Petitioner's Witness List filed.
Oct. 07, 2020 Order of Pre-hearing Instructions.
Oct. 07, 2020 Notice of Hearing by Zoom Conference (hearing set for December 1, 2020; 9:30 a.m., Eastern Time; Sarasota).
Oct. 06, 2020 Agreed upon Response to Initial Order filed.
Oct. 01, 2020 Procedural Order.
Oct. 01, 2020 Initial Order.
Oct. 01, 2020 Notice of Appearance (Richard Greenberg).
Oct. 01, 2020 Administrative Complaint filed.
Oct. 01, 2020 Finding of Probable Cause filed.
Oct. 01, 2020 Election of Rights filed.
Oct. 01, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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