Before the Education Practices Commission of the State of Florida ll TL. JOHN L.WlNNasthe DEC 82005 . Commissioner of Education, . . .t .C pennoner, VS. CASE NQ EPC INDEX N9 05- 484 - AS GRANT MEYER, Respondent Final Order Respondent, GRANT MEYER, holds Florida educator?s certificate no. 789216. 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 December 2, 2005, 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. This Order takes effect upon filing. . DONE AND ORDERED, this day of ?jggm/im} ,2005. - . jail/4m ?t Emma?r ANA M. RASCO, Presiding Officer Final Order Grant Meyer Page 2 COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Flon'da Administrative Law Reports DOE Counsel for PPS Probation Of?ce Recovery Network Program Superintendent Okaloosa County Schools 120 Lowery Place, SE Fort Walton Beach, Fl. 32548-5595 Human Resources Okaloosa County Schools 120 Lowery Place, SE Fort Walton Beach, Fl. 32548-5595 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order in the matter of JOHN L. WINN v. GRANT MEYER was furnished to Grant Meyer, Niceville, 325 nd Ronal G. Meyer, PO. Box 1547, Tallahassee, Florida 32302 this day 0 2005, by Certified US. Mail. DON SHIELDS Education Practices Commission a . 2 STATE OF FLORIDA 05 ?17 Ni? EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. GRANT MEYER, Respondent. SETTLEMENT AGREEMENT Petitioner and Respondent hereby stipulate and agree as follows: 1. Certi?cation. Respondent holds Florida Educator?s Certi?cate Number 789216 issued by the Department of Education covering the areas of Physical Education, Social Science and Driver?s Education, which is valid through June 30, 2009. 2. Employment. At all times pertinent hereto, Respondent was employed as a Coach in the Walton and Okaloosa 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 Respondent agrees to accept a letter of reprimand. a copy of which shall be placed in his certi?cation file with the Department of Education and a c0py of which shall be placed in his personnel file with the employing school district. 5. Recoverv 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 seat Available Cally, .?Fs ,1 1' ?tGiwl GRANT MEYER 05 27 W: 22 Settlement Agreement Page 2 of 5 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 RN 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 (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. Emplovment. 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 pos1tion. e. Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. tzt'ts ?9 1 Lu fit 05 GRANT MEYER 27 22 Settlement Agreement Page 3 of 5 6. Respondent agrees that he shall be placed on probation fori'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; c. shall pay to the EPC $150.00 within the first six (6) months of each probation year to defray the costs of monitoring probation; d. shall, within the ?rst year of probation, take a 3-credit hour college level course in the area of ethics. The class must be taken in person; on-line or correspondence classes are not acceptable and submit an of?cial college transcript verifying successful completion of same with a grade of or higher to the Department of Education; e. shall violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 68-1006; and f. shall satisfactorily perform his duties in a competent, professional manner. 7. Fine. Respondent agrees to pay a ?ne in the amount ofS 1,000.00 to the EPC within one (1) year of the date of the Final Order accepting this Settlement Agreement. 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 ii?fit artiste WW ?Ixr? {?lling?3 A .. GRANT MEYER 03 SEP 57 Ml 22 Settlement Agreement Page 4 of5 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. 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. 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. 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. East m: able Copy 2.1: Igli'ctit'ES . 53:; 4 GRANT MEYER 05 SEP 27 as H: 22 Sattlemem Agreement Page 5 of5 IN WITNESS WHEREOF, the parties have executed this Settlement Agreement on this ,20 2 day of Sept STATE OF FLORIDA COUNTY OF .13 KG 5A The foregoing instrument was aekn 20 I 5? by OS. ledged before me this J?zy? day of who is personally known or produced as identi?cation [type of identification produced]. WW BETH ELLEN SULLIVAN Assistant General Counsel Suite 1244, Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Telephone (850) 245-0443 Facsimile (850) 245-9425 ATTORNEY FOR PETITIONER Elna/?f Mayor NOTARY BLIC My commission expires: SUJANEKWEAWHERS '5 5% MY 430898 EXPIRES: September 10 2009 '1wa umnmm RONALD GMEYER, ESQUIRE Meyer and Brooks, P.A. Post Office Box 1547 Tallahassee, Florida 32302 Telephone (850) 878-5212 Facsimile (850) 656-6750 ATTORNEY FOR RESPONDENT STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-0750-F GRANT MEYER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, ?les this Administrative Complaint against GRANT MEYER. 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 l. The ReSpondent holds Florida Educator?s Certi?cate 789216, covering the areas of Physical Education, Social Science and Drivers Education, which are valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Coach in the Walton and Okaloosa County School Districts. MATERIAL ALLEGATIONS 3. On or about November 10, 1998, Respondent inapprOpriately disciplined -a male student, by bumping the student?s chest with his own chest in order to keep him in the classroom. On or about December 3, 1998, the school principal issued Respondent a letter of reprimand. GRANT MEYER Administrative Complaint Page 2 of 3 4. or about August 25, 2004, Respondent inappropriately disciplined, harmed, and disparaged ia 16-year-old male student, by grabbing him, pulling his shirt over his face, pushing him into a television cart, causing him to fall backward, holding his head to the ?oor, pushing his knee into the student?s hip, and yelling into the student?s face. On or about September 9, 2004, the school board suspended Respondent for one day without pay for this conduct. 5. Prior to January 25, 2005, in an attempt to influence students? testimony, Respondent read his written statement regarding the incident to the other student witnesses, and discussed the incident with them and what they would say in their statements to the Professional Practices Services investigator. 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 violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 63- 1 Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 68- Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. GRANT MEYER Administrative Complaint Page 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(l) and 10127960), 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 day of Emit, 2005. w/an JOHN L. WINN, as Commissioner of Education State of Florida EDUCATION PRACTICES COMMISSION STATE or FLORIDA KATHLEEN RICHARDS Executive Director ANN COCHEU Counsel December 2, 2005 Grant Meyer Niceville, Florida 32579 Re: John L. Winn vs. Grant Meyer EPC No.2 DOE No.3 7892l6 Dear Mr. Meyer: DEBORAH SHEPARD Chairperson LUCILE CASEY Co-Chairperson As you know, the teacher panel ofthe 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 ceni?cation ?le. and a copy is being sent to the Okaloosa County School Board for placement in your personnel ?le. Sincerely, ?ow; Ana Rasco Presiding Of?cer 325 West Games Street 0 224 Turlington Building Tallahassee. Florida 32399-0400 (850.) 245-0455