Before the Education Practices Commission of the State of Florida l] 7? JOHN L. WINN as the Commissioner of Education, - - retailers meanest: . Petitioner, sent or treninii vs. CASE N9: AS EPC Index Ng JESSE WILLIAM SOLOMON, Respondent. Final Order Respondent, Jesse William Solomon, holds Florida educator?s certificate no. 604499. 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 January 25, 2008, in Tallahassee, 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. Finai Order Jesse WiIliam Solomon Page 2 This Order becomes effective upon filing. DONE AND ORDERED, ofx.) .. DEBORAH SHEP COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Superintendent Palm Beach County Schools 3340 Forest Hill Blvd, Room 0316 West Palm Beach, FL 33406-5869 Chief PerSonneI Officer Palm Beach County Schools 3362 Forest Hill Boulevard, Suite AM 28 West Palm Beach, FL 334066870 Probation Office Ronald G. Stowers DOE counsel for PPS Daniel Biggins Assistant Attorney General AWPsiieer NOTICE OF RIGHT TO JUDICIAL REVIEW UNLESS WAIVED, A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL 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. Final Order Jesse William Solomon Page 3 CERTIFICATE OF SERVICE HEREBY CERTIFY that a co of the fore oing Order was mailed to Jesse William Georgia 30331 this Z?'day of %c 2008 by Certified US. Mail. DON SHIELDS Education Practices Commission STATE OF FLORIDA EDUCATION FRACTICES COMMISSION {v . i .. 3 7 2507 JGHN L. WINN, as .. 4 of Education, Petitioner, vs. CASE NO. JESSE WILLIAM SOLOMQN, I SETTLEMENT AGREEMENT Petitioner and hereby stipulate and agree as follows: Certi?cation. Florida Educator?s Certi?cate Number 604499 1. issued by the Department of Education cavering the areas of Physical Educatiun, Business Educatian and Marketing, which is valid through June 30', 2008. 2. Emglaxment. At all times pertinent harem, was employed as a Taacher at Forest Hill High Schoul in the Palm Beach Ceunty School District. 3. reference. 4. Letter of Regriman (3. Respondent agrees ti} accept a letter of reprimand, a copy of which shall bi: placed in his certi?cation file with the Department of Education and a copy of which shall be placed in his personnel ?le with the employing school district. Recoverv Network a. Evaluation. Respandent agrees to: submit is an evaluation relating to the issues citsd in the 1) Adminish'atlve Complaint as; detarmimd by the Reoavery Network Program and conducted by a Flm'lda licansed or mental health counselor approved by the: Allegations. Rsspandcm neithar admits nor denies, but elects hot to contest the allegations asst forth in Petitioner?s Administrative Complaint, which are incorporated herein by 5. provide: the written veri?cation from the treatmant 2) JESSE WILLIAM SOLOMON Settlement Agreement Page 2 of 5 provider-(s) of successful completion of the evaluation within sixty (60) days of issuance ofthe Final Order accepting this Settlement Agreement 0R within sixty {60) days of the initial date of employment in a positioo 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 5112:?:wa) days of completion; and h. Written Veri?gation. Raspondent agreea to: 1) provide the RNP and the employing aehool 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 woll~being of students Within sixty 60) days of issuance of the Final Order accepting this Settlement Agreement OR within sixty (60) days of the initial data of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later; and 2) provide the and the employing school district or private or charter school with written veri?cation from the treatment provider that Respondent is capable of performing his responsibilities as an educator within sixty (68} days of issuance of the Final Order accepting this Settlement Agreement 0R within sixty (60) days of the initial data of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later. Prior Evaluation. If Respondent has undergone evaluation{s) and treatment anti/01' counseling after the looidont{s} alleged in the Administrative Complaint, the evaluation(s) and treatment and/or counseling may he used in lieu of the evaluation(s) and treatment andlor counaeling agreed to herein, if acceptable to the RNP. d. If Respondent is not employed in a position requiring a Florida. educator?s certificate on the date, or Within one year of the date, the initial RNP evaluationCS) required herein are Respondent agrees to submit to lollow-up evaluation(s) as determined by the within sixty (60) days of being employed in. such a poaition, e. Costa. Respondent shall hear responsibility for all costs associated with the evaluation, treatment and counseling. JESSE WILLIAM SOLOMON 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 provided the EPC has accepted this Settlement Agreement. If Respondent is not currently employed in a position requiring a Florida educator?s oeni?cate, probation shall begin upon his rc~employment in such a position. In the: event Respondent?s employment is interrupted for any reason prior to the expiration of probationl 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 each a position. If currently employed in such a position, Respondent shall contact the Department of Education within ten (16) days of the issuance of the Final Order accepting thia 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 ot?his immediate supemsor. 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 first six (ti) months of each probation year to defray the costs: ot?monitoring probation; d. shall violate no law and fully comply with all district school board regulations, school rules, and-State Board of Education Rule 6134.006; and o. shall satisfactorily perform his duties in a competent, professional manner. 7. Fine. Respondent agrees to pay a fine in the amount of $100.00 to the EPC within the ?rst year of the probationary period. 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 pennaneot bar from - re~applioation for a Florida educator?s certi?cate, based upon the violation of the terms of this JESSE SOLOMON Settlement Agreement Page 4 of 5 Settlement Agreement. 9. gosts and Fees. Respondent agrees that any costs associated with the fulfillment 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 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. 10. 0ch 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 three 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 fennel or informal administrative hearing or in any other legal action between the parties. ll. 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 ofthe Division of Administrative Hearings or an informal hearing before the EPC. Respondent Speci?cally waives his right to both a formal and an infomsl 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 to gel counsel prior to signing this Settlement Agreement. 13. ?groval. When fully executed. this Settlement Agreement shall he submitted to the EPC with the joint request by the parties that the EPC accept and adept 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 regulatow provisions concerning notice of hearing and agrees that this Settlement Agreement may be presented to the EFC for consideration at its next available scheduled meeting, provided that Respondent is given reasonable advanced notice of time, place and date of said mectin g. (SIGNATURES ANB NGTARIZATION 0N FOLLUWING PAGE) JESSE WILLIAM SOLOMON Settlement Agreement Page 5 of 5 IN WITNESS WHEREOF, the parties have executed this Settlement Agreement on this day of (32C. ,20 7 dl/ WM WILLIAM SOLOMQN (laziest 1+ STATE OF COUNTY OF Fm. [1177 The ?foregoing instrument was acknowledged before me this mtg-day of OCT. ,2007 ,by "w LLFAM 5010/??9/9 who 15 personally known or produced L. as identi?cation [type of identi?cation produced]. 8 3 tofm?b??J BONNIE WILMOT Assistant General Counsel Suite 1244, Turlington Building . 325 West Gaines Street Tallahassee, Florida 323 990400 Telephone (850) 245-0443 Facsimile (850) 245-9425 ATTORNEY FOR PETITIONER STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. JESSE SOLOMON, Respondent. COMPLAINT Petitioner, John L, Win21, as Commissioner ofEduoatiou, files this Administrative Complaint against JESSE WILLIAM SOLOMGH. The Petitioner seeks the disoipiinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule EBB-1.005, Florida Administrative Code, Principles ot?Professional Conduct for the Education Profession in Florida, said sanctions Speci?cally set forth in Sections 10123960), Florida Statutes. The Petitioner alleges: JURISDICTION l. The Respondent holds; Florida Educator?s Ceiti?eate 604499, covering the areas of Athletic Coaching, Physical Education, Political Science, Business Education andMarkothtg, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Forest Hill High School in the Palm Beach County Schoot District. MATERIAL ALLEGATIONS 3? On or about October 13, 2803, the Respondent utilized excessive and improger physical force with a minor male student in that he struck the student on the back of his head, then grahhed the student by the backpack he was wearing and caused the student to fall to the ?oor. As a result of this conduct the Rest-tandem was given a written reprimand on January 13, 20045 which included a directive to "desist from engaging in the same or similar actions in the future.? 4. Notwithstanding this Speci?c directive, on or about Febmmy 10, 2064, the JESSE WILLIAM SOLOMON Administrative Complaint Page 2 of 3 Regpmdent again utilized excess sive and improper physical force: with a minor male student in that he struck the student in the: chest as discipline for perceived misbehavior. Respondent?s centract was not renewed VIOLATION COUNT 1: The Respondent is in Violation of Saction Florida Statutes, in that Respondent has beaten guilty of gross immarality or am act involving moral turpitude. COUNT 2: The: Respondent is in violation 01? Section Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness; as an employee 0f the school bdard. COUNT 3: The Respondent is in violation of Sectim?l Florida Statutes, in that Respundent has violated the Principles of Professional Conduct for the Educaticsn Profession prescribed by State Board of Education rules. RULE DIES, COUNT 4: The allegations of misconduct set forth harem are in violation of Rule Florida Administrative Code, in that Raspondent has failed to make rcaseuable effm?t tu protect the student from conditions harmful to learning andfor to the student?s; mental health andx'or physical health and/0r saf?ty. COUNT S: The allegations of misconduct set forth hcrcin are in violaticm of Rule 68* Elmida Administrative Code, in that has intentimally exposed a student to unnecessary embarrassment or disparagcment. (SIGNATURE 0N FOLLOWING PAGE) JESSE WILLIAM SOLOMON Administrative Complaint Page 3 of 3 WIIEREFORE, 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 Compiaint, Petitinner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent? educator?s certi?cate pursuant to the authority provided in Seetions 10117950) and 10122960), Fiorida Statutes. The sanctions imposed by the Education Practices Commission may ineittde, but are not limited te, any one or a combination of the foliowing: issuing the Respendent a written reprimand; piacing ihe Respondent on probatien for any peried 01? time; restricting the Respondent?s authorized scope (if practice; assessing the Respondent an administrative ?ne; directing the Respondent to enroll in the Recovery Network Program; suspending the Respandent?s educator?s certi?cate for a period of time not to exceed ?ve years; revoking the Respondent?s educator?s certi?cate fer a period {if time up to 10 years or permanently; or loaning the Respendent from reapplying for an edzzeater?s certi?cate for a period ei?iime up to i0 years or permaiientiy. 7a EXECUTED on this day Of w, 2066. 36% L. WINN, as I Commissiener ref Education State of Florida EDUCATION PRACTICES COMMISSION STATE OF KATHLEEN RICHARDS LORIDA Executive Director DENMSCERIFFIA airperson DANIEL BIGGINS Assistant Attorney General BRIAC: is: . - at arson January 25, 2008 Jesse Solomon Atlanta, Georgia 30331 Re: John L. Winn vs. Jesse Solomon EPC No: DOE No: 6044.99 Dear Mr. Solomon: As you know, the teacher panel oi?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 A greement. you are herebyr 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 tile. and a copy is being sent to the Palm Beach County School Board for placement in your personnel ?le. Sincerely, Deborah Shepard Presiding Of?cer 325 West Gaines Street . 224 Turlington Building - Tallahassee, Florida 32399-0400 . (350)245.0455