Before the Education Practices Commission of the State of Florida ll lL. IE JOHN L. WINN as the NOV 1 3 2005 Commissioner of Education, EDUCATION COMMISSION Petitioner, STATE or FLORIDA vs. CASE N9 EPC INDEX NQ Din-373 ROBERT PETERSON Ill, Respondent. Final Order Respondent, ROBERT PETERSON holds Florida educator?s certificate no. 772691. Petitioner has filed 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. A Teacher Panel of the Education Practices Commission met on November 3, 2006, 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 takes effect upon f' ing. DONE AND ORDERED, this I. day of NW 2006. Sammy DEBORAH SHEPATRB, Presiding oitjcer Final Order Robert Peterson Page 2 COPIES TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports DOE Counsel for PPS Daniel R. Biggins Assistant Attorney General Probation Of?ce Recovery Network Program Superintendent Charlotte County Schools 1445 Education Way Port Charlotte, Fl. 33948?1053 Human Resources Charlotte County Schools 1445 Education Way Port Charlotte, Fl. 33948-1053 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order in the matter of JOHN L. WINN . PETERSON was furnished to Robert Peterson Ill, WColumbus, Georgia 31909 and Jason_)B. Goldman, 18501 Murdock Circle, Suite 501, Port Charlotte, Florida 33948 this I3 Certified US. Mail. day of OUEMSEE 2006, by XM DON SHIELDS Education Practices Commission EDUCATION PRACTICES COMMISSION STATE OF FLORIDA KATHLEEN RICHARDS DEBORAH SHEPARD Executive Director Chairperson DANIEL R. BIGGINS LUCILE CASEY EPC Legal Counsel (So-Chairperson Attorney General November 3, 2006 Robert Peterson, Ill Columbus, Georgia 31909 Re: John L. Winn vs. Robert Peterson, Ill EPC No.2 DOE No.: 77269] Dear Mr. Peterson: As you know, the teacher 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 a teacher, 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 of the profession will surely result in further action being taken against you. This letter of reprimand is being placed in your state certi?cation ?le, and a copy is being sent to the Charlotte County School Board for placement in your personnel ?le. Sincerely, Deborah Shepard Presiding Of?cer 325 West Gaines Street a 224 Turlington Building 0 Tallahassee, Florida 32399-0400 0 (850) 245-0455 STATE OF FLORIDA EDUCATION JOHN L. WINN, as Commissioner 23-1 E, TE of Education, if? g} :6,ng Petitioner, vs. CASE No. 034-0197-D ROBERT JOHN PETERSON, Respondent. SETTLEMENT AGREEMENT Petitioner and Respondent hereby stipulate and agree as follows: 1. Certi?cation. Respondent holds Florida Educator?s Certi?cate Number 772691 issued by the Department of Education covering the area of Social Science, which was valid through June 30, 2004. 2. Employment. At all times pertinent hereto, Respondent was employed as a Social Studies Teacher at Port Charlotte High School in the Charlotte County School District. 3. Allegations. Respondent neither admits nor denies, but elects not to contest the allegations set forth in Petitioner?s Administrative Complaint, which are incorporated herein by reference. 4. Letter of Reprimand. 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 2) provide the RNP written veri?cation from the treatment "l ROBERT JOHN PETERSON, In? 3.1.: at i; 31, Settlement Agreement ?3 PM Page20f5 provider(s) of successful completion of the evaluation within sixty (60) days of issuance of the Final Order accepting this Settlement Agreement OR within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later, and authorize the RNP to release evidence of satisfaction of this requirement directly to any employing school district or private or charter school; 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 sixty (60) days of completion; and 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 sixty (60) days of issuance of the Final Order accepting this Settlement Agreement 0R within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later; and 2) provide the RNP and the employing school district or private or charter school with written veri?cation from the treatment provider (5) that Respondent is capable of performing his responsibilities as an educator within sixty (60) days of issuance of the Final Order accepting this Settlement Agreement OR within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later. c. Prior Evaluation. If Respondent has undergone evaluation(s) and treatment and/or counseling after the incident(s) alleged in the Administrative Complaint, the evaluation(s) and treatment and/or counseling may be used in lieu of the evaluation(s) and treatment and/or counseling agreed to herein, if acceptable to the RNP. d. Employment. If Respondent is not employed in a position requiring a Florida educator?s certi?cate on the date, or within one (1) year of the date, the initial RNP evaluation(s) required herein are performed, Respondent agrees to submit to follow-up evaluation(s) as determined by the RNP within sixty (60) days of being employed in such a posrtion. e. Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. u11i'. V?Wl?i ROBERT JOHN PETERSON, 35 PM 1: 3h Settlement Agreement Page 3 of 5 6. Probation. Respondent agrees that he shall be placed on probation for a period of two (2) employment years. If 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. If Respondent 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 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: a. shall immediately contact the Department of Education 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 Department of Education within ten (10) days of the issuance of the Final Order accepting this Settlement Agreement and Respondent shall provide the Department of Education with the name and address of his work site as well as the name, address and telephone number of his immediate supervisor. b. shall 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 ten (10) days of it preparation; 0. shall pay to the EPC $150.00 within the ?rst six (6) months of each probation year to defray the costs of monitoring probation; d. shall have the scope of his employment restricted to: no coaching students during or outside of school; e. shall violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 63-1006; and f. shall satisfactorily perform his duties in a competent, professional manner. 7. Fine. Respondent agrees to pay a ?ne in the amount of $100.00 to the EPC within the ?rst year of probation. 8. Violation. In the event Respondent fails to comply with each condition set forth herein, he agrees that the Petitioner shall be authorized to ?le an Administrative Complaint or a Notice of Violation with the EPC seeking sanctions against his Florida educator?s certi?cate up to and including permanent revocation of his Florida educator?s certi?cate and a permanent bar from re-application for a Florida educator?s certi?cate, based upon the violation of the terms of this Settlement Agreement. .v'jJ . Arr-$5 . a. any . ROBERT JOHN PETERSON, 111 {3'3 Hit? 25 PM i' 31* Settlement Agreement Page 4 of5 9. Costs and Fees. Respondent agrees that any costs associated with the ful?llment of the terms Of this Settlement Agreement shall be his sole responsibility. These costs include, but are not limited to, those associated with the Recovery Network Program (RNP) and Probation, if applicable. The probation monitoring fee shall be held in abeyance if Respondent is not employed as an educator pursuant to the terms Of the Probation. lO. 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. Notice of ?Three Strikes? Provision. Respondent is hereby put on notice that Section Florida Statutes (2004), provides for permanent revocation of an educator?s certi?cate under certain circumstances when the educator?s certi?cate has been sanctioned by the Education Practices Commission on two (2) previous occasions. 12. Waiver of Rights. Respondent understands 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 (DOAH) or an informal hearing before the EPC. Respondent speci?cally 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. Respondent further acknowledges that he is under no duress, coercion or undue in?uence to execute this Settlement Agreement and that he has had the Opportunity to receive the advice of legal counsel prior to signing this Settlement Agreement. 13. 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 this Settlement Agreement as the basis for its Final Order in this proceeding. The parties understand that the EPC has the discretion to reject this Settlement Agreement and order a full evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, it deems such action to be appropriate. 14. Notice. Respondent waives all statutory and regulatory provisions concerning notice Of hearing and agrees that this Settlement Agreement may be presented to the EPC for consideration at its next available scheduled meeting, provided that ReSpondent is given reasonable advanced notice Of time, place and date of said meeting. (SIGNATURES AND NOTARIZATION 0N FOLLOWING PAGE) . ROBERT JOHN PETERSON, 111 i Settlement Agreement G?l?m 25 PM 113% PageSofS IN WITNESS WHEREOF, the parties have executed this Settlement Agreement on this of Mae-lg 20 STATE OF Risen-BA COUNTY OF CHATTAHOOCHEE Th foregoing instrument was acknowledged before me this of ,2009 by who is personally known or produced :50 CM as . xi gal! 0 f? 0"0 i? a? ?eutst?esm?epw E- arm? ?9?ng 3 a .- :e November m: 5 2336 a Q: My commi explres: . it" .. --., BETH ELL WSUII 1 1! AN JASON B. GOLDMAN, ESQUIRE Assistant General Counsel .4 Wotitzky, Wotitzky, Ross, Goldman Suite 1244, Turlington Building Sturges Tuttle, PA. 325 West Gaines Street 18501 Murdock Circle, Suite 501 Tallahassee, Florida 323 99?0400 Port Charlotte, Florida 33948 Telephone (850) 245-0443 Telephone (941) 639-2171 Facsimile (850) 245-9425 Facsimile (941) 627-1388 ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT or, mu.? w: acpcire?S geia?k} l/hq [CL/?17ft; wac/LE 1/1 id ?l(t9$L 0 jg Fla/3,0,4 1.: m7 .IHJIJ: (A ELECTION 4:1 {nu/J ar-(jq; Am??1 Petitioner, John L. Winn, Commissioner of Education, vs. ROBERT JOHN PETERSON, File No.: 034-0197-D espon en C: 1. Lu PRACTICES SERVICES Signify your election by checking the appropriate option: FORMAL HEARING OPTION I dispute the allegations of the Administrative Complaint and I request a 1. Hearing before a Hearing Of?cer of the Division ofAdministrativc Hearings. The allegations I dispute are: athJIQI-i If}; J. Hurr Cr tuft? --1u (no. ?6 ch-MLrI Jr, 9 A IH-L-rwj 1?5135 :ml 5. notch-v1.44 an? 2/1123 c. Attach a ditional sheet( ifneeded "Ti-e53; .- ,?Hejahma ers- (?lic- 14141?th m" hf?, f? I lieu, 0m aislomu 5 )a?on CoUmcm 1599. Wa'i?u'i'zkel ,Wohi?zl?j, Cowman PA PWNX ?il?li 637?? 2.111 PM at? 027-1358 Emmi-1 147.1 lea)? Gila-?11: has baa." Com: 1,117) or ei?cc- man I 1 2. IN RMAL ARING OPTION I onot pute the jailegations of the Administrative Complaint and request an Informal Hearing before the Education Practices Commission. SURRENDER OPTION I voluntarily surrender my certificate(s) for permanent revocation SETTLEMENT OPTION I request a forty-?ve (45) day period of time to try to negotiate a settlement With the we of Professional Practices Services at (850) 245- 0438. Ifan agreement is not reached within the forty-?ve (45) m- if Formal Hearing is checked, day period, the case will be scheduled for an Informal or 04 please list the disputed allegations in la, b, and If neither Informal nor Formal is checked above the action Will be scheduled for an Informal Hearing. I understand that I Will be given notice of any date set for a Formal or Informal Hearing. I have read the Explanation (If you do not understand your options, of Rights, fully understand and/or have been advised of my legal rights contact the Office of Professional Practices Services at (850) 245-0438.) (EXECUTION BEFORE A NOTARY PUBLIC NOT REQUIRED IF CHOOSING OPTION 1) 72 STATE OF Sigrrat Respondent COUNTY OF The foregoing 'nstrument was acknowledged before me this (Pri t?sl Nam-elk? mi City I ?140th elephone No. 7' .155. .. if . ?1 Print Type or Stamp Personally Known or Produced Identi?cation Tvpe nf Identi?cation Produced Commissioned Name of Notary Public STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-0197-D ROBERT JOHN PETERSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, ?les this Administrative Complaint against ROBERT JOHN PETERSON, The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 1012.795(1) and Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator?s Certi?cate 772691, covering the area of Social Science, which was valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Port Charlotte High School in the Charlotte County School District. MATERIAL ALLEGATIONS 3. On or about February 10, 2003, Respondent grabbed- a sixteen-year-old male student, by the arms and throat, lifted him off of the ?oor, and slammed him against the wall several times. When - another sixteen-year-old male student, attempted to calm Respondent, Respondent pushed -, causing him to fall through a set of doors onto the ?oor. The school district relieved Respondent of his coaching duties, and did not renew his contract for the following school year. 4. On or about June 29, 2003, Respondent burst into the home of his estranged wife and ROBERT JOHN PETERSON, Administrative Complaint Page 2 of 3 punched her male friend in the face. Respondent was arrested and charged with Battery. The court entered a Domestic Violence Injunction against Respondent on behalf of his wife. 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, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 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 6B- 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 5: The allegations of misconduct set forth herein are in violation of Rule 6B- Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 68- Florida Administrative Code, in that Respondent has intentionally violated or denied a student?s legal rights. (SIGNATURE ON FOLLOWING PAGE) ROBERT JOHN PETERSON, 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 certi?cate pursuant to the authority provided in Sections 1012.795(1) and 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 ?ne; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent?s educator?s certi?cate for a period of time not to exceed ?ve years; revoking the Respondent?s educator?s certi?cate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator?s certi?cate for a period of time up to 10 years or permanently. EXECUTED on this day of Ebg nfa 2006. JOHN L. WINN, as Commissioner of Education State of Florida