the ta ta of Florida m" Mm GERARD ROBINSON, as the Commissioner of Education, SEC 2012 Petitioner, satiation mistress STATE Ft??i?n vs. EPC CASE N9: index NQ 12-?357?F0l JAMES DAVID BARRON, PPS N9 1014437 Respondent. I Final Order Respondent, James David Barron, holds Florida educator?s certificate no. 816456. Petitioner has filed 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 certified mail. Respondent has failed to respond to the Administrative Complaint and has not requested a hearing or any other proceeding. This cause came before a teacher panel of the Education Practices Commission on November 2, 2012, in Jacksonville, Florida. Respondent was neither present or represented. The Commission finds that Respondent was properly served with the Administrative Complaint, has failed to respond timely, and has waived any right to be heard. Final Order James David Barron Page 2 Since Respondent has not replied to the Administrative Complaint and has not contested the factual allegations, Petitioner offered the investigative file into evidence to prove the facts as alleged in the Administrative Complaint. The Commission finds these materials clearly and convincingly support the ailegation and establish a prima facie case. FINDINGS OF FACT The allegations of fact in paragraphs 1 through 7 of the Administrative Complaint are adopted as findings of fact by the panel. CONCLUSIONS OF 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. Upon consideration. it is ORDERED: Respondent?s Florida educator?s certificate is hereby permanently revoked and Respondent is permanently barred from applying for another Fiorida educator?s certificate. This order shail become effective upon with the Clerk of the Commission. Final Order James David Barron Page 3 DONE AND ORDERED, this 3th day Of December, 2012. COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Coy Yates Superintendent Walton County Schools Tivoli Administrative Center 145 Park Street, Suite 3 DeFuniak Springs, FL 324336344 Human Resources Walton County Schools Tivoli Administrative Center 145 Park Street, Suite 3 DeFuniak Springs, FL 32433?3344 Daniel Biggins Assistant Attorney General Probation NOTICE OF RIGHT To JUDICIAL REVIEW A PARTY WHO is ADVERSELY AFFECTED BY THIS FINAL ORDER iS ENTITLED TO 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 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 James David Barron Page 4 CERTIFICATE QF SERVECE I HEREBY CERTIFY that a copy ofthe foregoing Order was mailed to James David Barron, Freeport, Florida 32439 by Certified US. Mail and by electronic mail to Margaret O?Sulliyan Parker, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399?0400 this day of December, 2012. Jani Harris Education Practices Commission STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. . . CASE NO. 101?1437 JAMES DAVID BARRON, Respondent. CONIPLAINT Petitioner, Gerald Robinson, as Commissioner of Education ?les this Administrative Compl .aint against JAMES DAVID BARRON ?l he Petitioner seeks the appropriate disciplinary sanction of the Respondent educator certi?cate pursuant to Sections 1012. 315, 1012. 795, and 10-12396, Florida Statutes, and pursuant to Rule 63?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(l) and 10127960), Florida Statutes. The Petitioner alleges: WM l. The Respondent holds Florida Educator?s Certi?cate 816456, covei'ii'ig the area of Mathematics, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as an Athletic Director and Football Coach Teacher at South Walton High School in the Walton County School District. MATERIAL ALLEGATIONS 3. During the 2010?201 1 school year, the Respondent was the Football Coach at South Walton High School. 4. In preparation for a football game against another school, the Respondent iostmeted and other football players to use their hands to jab or strike at the throat of opposing players during the football game. The technique ofjabbing or striking an opposing player?s threat is not an approved method or technique in high school football. JAMES DAVID BARRON Administrative Complaint Page 2 of 3 5. On or about October 12, 2010, the Respondent struck an the throat twice during football practice, after the Respondent stated that had not properly executed a play. The Respondent attempted to strike a third time but docked the Respondent? 3 hand. The blows caused shortness?of breath and pain. 6. ?As a result ofthe conduct alleged herein, on or about November 16, 2010, the Walton County School Board placed the Respondent on leave Without pay. 7. On or abeatllanuary 21, 2011, the Walton County School District informed the Reapondent that his employment contract would expire on February 28, 2011. The Petitioner charges: STATUTE VIOLATIDNS - COUNT 1: The Respondentis 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 The Respondent is in of Seeti-en- Statutes, in that Respondent has violated the Principles of Professional Conduct for the Edneation Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 68? Florida Administrative Code, in that Respondent has failed to make reasonable often to protect the student from conditions harmful to learning and/or to the student?s mental health. and/or physical health arid/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Role 63- Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE on roLLowrNG race) JAMES DAVID BARRON Administrative Compiaint Page 3 of 3? based on the reasons set forth herein and in accordanee with the Expianation of Rights and Election of Rights forms attached to and made a part of this Admioistrative Complaint; Petitioner reapectfu?y recommends that the Education Practices Commission impose an appropriate sanction against the Re5p ondent? educator? certi?cate pursuant to the authority provided in Sections 10127950) and 1012,7960); Florida Statutes. The sanctions imposed by the Education Practices Comission may include, but are not limited to; any one or a combination ot?the following: issuing the Respondent a mitten reprimand; placing the Resiiondent on probaiion for any period of time; restricting the Respondent?s authorized scepe of practice; assessing the Respondent an administrative tine; directirig the Reepondm to enroll 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; determining the Respondent to be ineligible for certi?cation; or barring the. Respondent from reapplying- for an educator?s certi?cate for a period of time up to 10 years or permanently. EXECUTED onthisiwk day of MM ,2012. RoaimSoiL as Cemmis?sioner of Education State of Florida