Before the Education Practices Commission of the State of Florida [1 JOHN L. WINN as the FEB 2 0 2007 Commissioner of Education, EDUGAIIDH PRACTICES COMMISSION Petitioner, OF FLORIDA vs. N9: EPC index N9 07-001 rm- JOHN II, Respondent. I Final Order Respondent. John Harris. It, holds Florida educator?s certificate no. 197?297. Petitioner has ?led an Administrative Complaint seeking suspension revocation, permanent revocation or other disciplinary action against the certificate. A copy of the Administrative Complaint is attached to and made a part of this Order. Service of the Administrative Complaint was made upon Respondent by US. Certi?ed Mail. Respondent has failed to respond to the Administrative Compiaint and has not requested a hearing or any other proceeding. This cause came before a teacher panel of the Education Practices Commission on January 26, 2007= in Tallahassee. Florida. Petitioner was represented by Ronald Stowers. Respondent was neither present or represented. The Commission finds that Respondent was properly served with the Final Order John Harris, ii Page 2 Administrative Complaint. has failed to respond timely. and has waived any right to be heard. Since Respondent has not replied to the Administrative Complaint and has not contested the factual allegations, Petitioner offered the investigative ?le into evidence to prove the facts as alleged in the Administrative Complaint. The Commission ?nds these materials clearly and convincingly support the allegation and establish a prima facie case. FINDINGS OF FACT The allegations of fact in paragraphs 1 through 4 of the Administrative Complaint are adopted as findings of fact by the panel. CONCLUSIONS QF LAW 1. The conclusions of law alleged in Counts 1 through 4 of the Administrative Complaint are adopted as conclusions of law by the panel. 2. There is competent. substantial evidence to support the panel's conclusions. 3. The violations committed by Respondent warrant disciplinary action by the Education Practices Commission. PENALTY Upon consideration, it is ORDERED: 1. Respondent's certificate shall be revoked for a period of two (2) years from the date of this Final Order. This order shall become effective upon filing with the Clerk of the Commission. Final Order John Harris, II Page 3 Eek DONE AND ORDERED2007. 5 I DEBORAH SHEPARD, Pres ing Officer COPIES FURNISHED TO: IG DICIA VIEW A PARTY WHO IS ADVERSELY AFFECTED Bureau of Professiona Practices BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION Bureau of Teacher Certi?cation 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 F/on'da Administrative Law Reports Supenhtendent NOTICE OF APPEAL WITH THE EDUCATION St. County Schools PRACTICES COMMISSION AND A SECOND 2909 Detaware Ave. COPY. ACCOMPANIED av FILING FEES Ft. Pierce. FL 34947-7299 PRESCRIBED BY LAW. WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT. OR Associate Superintendent WITH THE DISTRICT COURT OF APPEAL IN Human Resources THE APPELLATE DISTRICT WHERE THE St. LU - PARTY RESIDES. THE NOTICE OF APPEAL 2909 gaging; MUST BE FILED WITHIN THIRTY (30) DAYS FL Pierce, FL 34947_7299 OF RENDITION OF THIS ORDER. Ronald G. Stowers. DOE Counsel for PPS Daniel Biggins Assistant Attorney General Probation ICATE ICE HEREBY CERTIFY that a copy of the foregoing Order was mailed to John Hf?is' ll- Prot St. Lucie, Florida 34986 by Certi?ed US. Mail day of . 2007. DON D. SHIELDS. STATE OF FLORIDA EDUCATION PRACTICES CONIMISSION JOHN L. as Commissioner of EducatEOn, Petitioner, vs. CASE NO. JOHN E. HARRIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commission or of Education, ?les this Administrative Complaint against JOHN E. HARRIS, ii. The Petitioner seeks the appropriate disciplinary sanction of the Responden?s educator?s certi?cate pursuant to Sections 1012.795 and 101 2.796, Florida Statutes, and pursuant to Rule 63-1006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions Specificallyr set forth in Sections 1012.795( I) and Florida Statutes. The Petitioner alleges: JURISDICTIQN l. The Respondent holds Florida Educator?s Certi?cate 197297, covering the areas of AdministrationlSupervision, Guidance and Counseling, and School Social Worker, which was valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Social Worker at Student Services in the St. Lucie County School District. MATERIAL ALLEGATI NS 3. During November 2002, Respondent engaged in inappropriate and unprofessional conduct on at least two occasions. In the ?rst, Respondent threatened to kill his supervisor during a discussion with another staff member. In the second, Respondent became belligerent and threatening towards another staff member during a staff meeting. After the second incident, Respondent was sent home for the day and, thereafter, placed on temporary assignment at home. JOHN E. HARRIS, It Administrative Complaint Page 2 of 3 4. On or about July 22, 2003, Respondent entered into an agreement with the school district whereby he resigned/retired from his position effective May 28, 2004: and would be permitted to use accumulated sick leave until then. STAT UTE VIOLATIONS COUNT 1: The Respondent is in violation of Section Florida Statutes= in that Reapondent has been guilty of gross immorality or an not 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 crnpioyee of the school board. COUNT 3: The Respondent is in violation of Section Florida Statutes, in that Reapondent 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 63- Florida Adminisn'ative Code: in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual's performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and timber, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) JOHN E. HARRIS, 1] Administrative Complaint Page 3 of 3 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 Seetions 10123950) and 10123960), 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 seepe of practice; assessing the Respondent an adminisrrative ?ne; directing the Respondent to enrol] 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 permanentiy. EXECUTED on this day of Pain ,2006. Jodi: L. WINN, as Commissioner of Education State of Florida