Before the Education Practices Commission of the State of Florida JIM HORNE, as the Commissioner of Education, OCT 6 2003 PetitionerI EDUCATION PRACTICES COMMISSION STATE or FLORIDA vs. CASE N9. 03-0033-RA EPC Index N9 03- slew-A5 DAVID G. WARNER, JR., Respondent. Final Order Respondent. David G. Warner, Jr.. holds Florida educator?s certificate no. 686166. Petitioner has ?led an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. Petitioner and Respondent have entered into a Settlement Agreement for resolution of this cause. The Settlement Agreement and the Administrative Complaint are attached to and made a part of this Final Order. An Administrator Panel ofthe Education Practices Commission met on September 18, 2003, in Tampa, Florida. The Commission accepts the Settlement Agreement as the appropriate resolution of this cause. It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions. This Order becomes effective upon filing. Final Order David G. Warner, Jr. Page 2 DONE AND ORDERED, this COPIES FURNISHED TO: Bureau of Educator Standards Bureau of Teacher Certi?cation Florida Administrative Law Reports Superintendent of Schools 1450 NE Second Avenue #912 Miami, FL 33132 Director Of?ce of Professional Standards Dade County Schools 1500 Biscayne Blvd., Suite 222 Miami, FL 33132 Ronald G. Stowers, Attorney at Law Probation Officer, 850/488-0548 Adayof A $6 p?I?enbi?f ,2003. Ilw/ DANE GILBERT, Presiding Officer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINALORDERIS ENTITLEDTOJUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW. WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Certi?cate of Service I HEREBY CERTIFY that a copy ofthe foregoing Order in the matter of Home v. David G. Warner, Jr. was furnished? David Weston, FL 33326 by Mail this (2 day of 2003. fez/am. WW KATHLEEN RICHARDS Executive Director KATHLEEN M. RICHARDS EDUCATION PRACTICES COMMISSION MARGARET WOLFE Executive Director STATE OF FLORIDA Chairperson Ann Cocheu GRACE WILLIAMS Counsel Ctr-Chairperson September 18, 2003 David Warner, Jr. 16783 Hemingway Drive Weston, Florida 33326 R61 Jim Home vs. David Warner, Jr. EPC No.2 Social Security No- Dear Mr. Warner: As you know, the administrator panel of the Education Practices Commission reviewed the matter pending against you. Based upon the panel's consideration of this matter and upon the panel's acceptance of your Settlement Agreement, you are hereby reprimanded. This panel, composed of your peers, believes that, as an administrator, you are required to exercise a measure of leadership beyond reproach. By your actions, you have lessened the reputation of all who practice our profession. The profession cannot condone your actions, nor can the public who employ us. The Education Practices Commission sincerely hopes it is your intention to never allow this situation to occur again or indeed, to violate any professional obligation in ful?lling your responsibilities as an educator. To violate the standards ofthe profession will surely result in further action being taken against you. This ietter of reprimand is being placed in your state certi?cation ?le, and a copy is being sent to the Miami-Dade County School Board for placement in your personnel ?le. Sincerely, Sua/ Dane Gilbert Presiding Of?cer 325 West Gaines Street 0 224 Turlington Building . Tallahassee, Florida 32399-0400 0 (850) 245-0455 STATE OF FLORIDA EDUCATION PRACTICES JIM HORNE, as Commissioner of Education, Petitioner, NOISSIWWOO GBAIBOHH vs. CASE NO. 012-1465-B DAVID G. WARNER, JR., Li: I Md 2 Nil? ?002 Respondent. SETTLEMENT AGREEMENT COME NOW the Petitioner and the Respondent, who hereby stipulate and agree as follows: 1. Certification. Respondent holds Florida Educator's Certi?cate 686166 issued by the Department of Education covering the areas of Educational Leadership and Mathematics which is valid through June 30, 2003. 2. Emplovment. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Norland Middle School in the Miami-Dade County School District. 3. Allegations. The Respondent neither admits nor denies, but elects not to contest the allegations set forth in the Petitioner?s Administrative Complaint, which are incorporated herein by reference. 4. Reprimand. The Respondent agrees to accept a letter of reprimand, a copy of which shall be placed in his certi?cation ?le with the Department of Education and a copy of which shall be placed in his personnel ?le with the employing school district. 5. Recovery Network Program. a) Evaluation. Respondent agrees to: 1) submit to an evaluation relating to the issues cited in the Administrative Complaint as determined by the Recovery Network Program (RNP) and conducted by a Florida licensed or mental health counselor approved by the 003 DAVID G. WARNER, IR. Settlement Agreement Page 2 of 6 2) provide the and the employing school district or private or 'charter school with written veri?cation from the treatment provider(s) of successful completion of the evaluation within 60 days of issuance of the Final Order accepting this Settlement Agreement; 3) undergo any counseling or treatment as may be prescribed by said professional; 4) provide the RNP and the employing school district or private or charter school with written veri?cation ?om the treatment provider(s) of completion of all recommended treatments within 60 days of completion. b) Written Veri?cation. Respondent agrees to: 1) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s), to the degree that the treatment provider(s) may ethically predict, that Respondent poses no risk of threat or harm to the safety or well-being of students within 60 days of issuance of the Final Order accepting this Settlement Agreement; and 2) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s) that Respondent is capable of performing his responsibilities as an educator within 60 days of issuance of the Final Order accepting this Settlement Agreement. c) Employment. If Respondent is not employed in a position requiring a Florida Educator?s Certi?cate on the date, or within one year of the date, the initial RNP evaluation(s) required herein are performed, the Respondent agrees to submit to follow?up evaluation(s) as determined by the RNP within 60 days of being employed in such a position. d) Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. 6. Recovery Network Program. a) Substance Abuse Evaluation. Respondent agrees to: 1) submit to an evaluation relating to the issues cited in the Administrative Complaint as determined by the Recovery Network Program (RNP) and conducted by a Florida licensed substance abuse counselor approved by the @0 DAVID G. WARNER, IR. Settlement Agreement Page 3 of 6 2) provide the and the employing school district or private or charter school with written veri?cation from the treatment provider(s) of success?il completion of the evaluation within 60 days of issuance of the Final Order accepting this Settlement Agreement; 3) undergo any counseling or treatment as may be prescribed by said professional; 4) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider(s) of completion of all recommended treatments within 60 days of completion. b) Employment. IfRespondent is not employed in a position requiring a Florida Educator?s Certi?cate on the date, or within one year of the date, the initial evaluation(s) required herein are performed, the Respondent agrees to submit to follow?up evaluation(s) as determined by the RNP within 60 days of being employed in such a position. c) Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. 7. Probation. ReSpondent agrees that he shall be placed on probation for a period of two (2) employment years. If the Respondent is currently employed in a position requiring a Florida Educator?s Certi?cate, probation shall begin upon the issuance of the Final Order by the Education Practices Commission (EPC) provided the EPC has accepted this Settlement Agreement. IfRespondent is not currently employed in a position requiring a Florida Educator?s Certi?cate, probation shall begin upon his re-employment in such a position. In the event Respondent?s employment as an educator is interrupted for any reason prior to the expiration of probation, the probation shall be tolled until Respondent resumes employment in a position requiring a Florida Educator?s Certi?cate. As conditions of probation, Respondent shall: immediately contact the Bureau of Educator Standards (BES) upon employment in Florida in a position requiring a Florida Educator?s Certi?cate or upon termination from such a position. If currently employed in such a position, Respondent shall contact the BES within 10 days of the issuance of the Final Order accepting this Settlement Agreement and Respondent shall provide the BES with the name and address of his work site, as well as the name, address, and telephone number of his immediate supervisor; make arrangements for his immediate supervisor to provide the EPC with a true and accurate copy of each written annual performance evaluation or assessment prepared by his supervisor within 10 days of its preparation; (9&5 DAVID G. WARNER, IR. Settlement Agreement Page 4 of 6 pay to the EPC $150.00 within the ?rst six months of each probation year to de?'ay the costs of monitoring probation; submit to periodic substance abuse screenings at the direction of the EPC, the BES, the employing school district or private or charter school, or the RNP and authorize reporting of results to each entity; (6) violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 6B-l .006; and satisfactorily perform his assigned duties in a competent, professional manner. 8. Violation. In the event the Respondent fails to comply with each condition set forth herein, the Respondent agrees that the Petitioner shall be authorized to ?le an Administrative Complaint or an Order to Show Cause seeking sanctions against his Florida Educator?s Certificate up to and including permanent revocation of his teaching certi?cate and a permanent bar ?'om re-application for a Florida Educator?s Certi?cate, based upon the violation of the terms of this Settlement Agreement. 9. Costs and Fees. The parties acknowledge and the Respondent agrees that any costs associated with the ful?llment of the terms of this Settlement Agreement and the terms of the Respondent's probation, including the statutory $150.00 per year probation monitoring fee, shall be the sole responsibility of the Respondent. However, the probation monitoring fee shall be held in abeyance if the Respondent is not employed as an educator pursuant to the terms of Probation above. 10. Force and Effect. This Settlement Agreement constitutes an offer of settlement of disputed issues of material fact until accepted and executed by all parties. The Settlement Agreement is void and has no force or effect unless executed by all parties and accepted by the EPC. If the Settlement Agreement is not accepted and executed by all parties, the terms herein shall be inadmissible in any subsequent formal or informal administrative hearing or in any other legal action between the parties. 11. Waiver of Rights. The Respondent understands the provisions of this Settlement Agreement, their legal effect, and his rights under Florida law to a formal hearing before a duly designated administrative law judge of the Division of Administrative Hearings or an informal hearing before the EPC. The Respondent specifically waives his right to both a formal and an informal hearing, except he may appear before the EPC in order to urge the adoption of this Settlement Agreement. The Respondent further acknowledges that he is under no duress, coercion or undue influence to execute this Settlement Agreement and that he has had 006 DAVID G. WARNER, JR. MAY 12 2M3 Settlement Agreement Page 5 of 6 the opportunity to recelve the advrce of legal counsel prior to signing Settlement Agreement 12. Approval When fully executed, this Settlement Agreement shall be submitted to the EPC with the joint request by the parties that the EPC accept and adopt the terms of Settlement Agreement as the ba51s for its Final Order in this proceeding The parties understand that the EPC has the to reject this agreement and order a full evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its it deems such action to be appropriate. 13. Notice. The Respondent waives all statutory and regulatory provisions concerning notlce of hearing and agrees that this Settlement Agreement may be presented to the EPC for consrderatlon at 1ts next available scheduled meeting, provided that the Respondent IS given reasonable advanced notice of the time, place and date of sa1d meetlng IN WITNESS WHEREOF, the parties have executed this Settlement Agreement on Ken 2.: day of L.) hungry. DAVID G. WARNER, JR. STATE OF FLORIDA COUNTY OF ?9 as?, The foregoing instrument was acknowledged before me this (Q AH da of Monk. ,20q5, who IS so was known or produced identi?cation [type of identi?cation produced]. a Wd/ 2/15?. 2 NOTARY PUBLIC . 1?3 3% My commission eXplres ?2 '0 w; 73.th ?909755732- ?21 3b. airmail; 07 (C 3C :W?j (Sronatures continue on the next page) RONALD Assistant General Counsel Suite 1232, Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Telephone (850) 922-7095 Facsimile (850) 414-8976 ATTORNEY FOR PETITIONER DAVID G. WARNER, JR. Settlement Agreement Page 6 of 6 ATTORNEY FOR RESPONDENT @cQg (JHAIBOEH STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as . Commissioner of Education, Petitioner, vs. CASE NO. 012-1465-B DAVID G. WARNER, JR., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against DAVID G. WARNER, JR.. The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule (SB-1 .006. Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions Speci?cally set forth in Sections 101 2.795(1) and Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator?s Certi?cate 686166, covering the areas of Educational Leadership and Mathematics, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Assistant Principal at Norland Middle School, in the Miami-Dado County School District. MATERIAL ALLEGATIONS 3. On or about January 19, 2002, Respondent telephoned .the er of his child, and threatened to kill her and the child with a gun. When Respondent arrived, locked herself in the apartment and telephoned 911. When of?cers arrived, Respondent ?ed on foot. After Respondent was apprehended, he became combative with of?cers and kicked one of them in the shoulder. Respondent was arrested and charged with: Count 1, Resisting Arrest Without Violence; Count 2, Simple Assault (Domestic); and, Count 3, Battery on a Law Enforcement Of?cer. On or about February 28. 2002, the state attorney?s of?ce charged ReSpondent with: Count 1, Resisting DAVID G. WARNER, JR. Administrative Complaint 2 of 2 Of?cer Without Violence; and, Count 2: Harassing Telephone Calls. On or about May 21, 2002, the court adjudicated Respondent guilty of both counts and placed him on probation for 12 months. The court also ordered Respondent to complete a batterer?s intervention program with a substance abuse component and a parenting class. Finally, the court ordered Respondent to not possess or consume alcohol, submit to random screenings for substance abuse, and have no harmful contact with the victim. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certi?cate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(l) and Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative ?ne, suspension of the teaching certi?cate not to exceed three years, permanent revocation of the teaching certi?cate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 0% day of 2003. HORNE, as ornrnissioner of Education State of Florida