PAM STEWART as the Commissioner of Education, Petitioner, vs. EPC CASE N9: Index N9: 16-117-FOI JAMAAL BARNES, PPS N9: 134?1793 Certificate 996661 Respondent. Final Order This matter appeared before the Education Practices Commission (?Commission?) at a duly-noticed pubiio meeting on February 24, 2916 in West Palm Beach, Florida, for a hearing not involving disputed issues of material fact pursuant to Respondent?s Election of Rights requesting a hearing pursuant to Sections 120.569 and Florida Statutes. Petitioner has filed an Amended Administrative Complaint seeking disciplinary action against the Respondent. A copy of the Amended Administrative Complaint is attaohed to and made a part ofthis Final Order. Petitioner was represented by Charles Whitelock, Esq. Respondent was present and was represented by Esmond J. Lewis, Esq.. FINQENGS CF FACT Therefore, the Commission adopts as its finding of facts the facts alleged in the Amended Administrative Complaint. Final Order Kendrick Jamaal Barnes Page 2 CONCLUSEONS OF LAW Based upon the Findings of Fact, the Commission concludes the Respondent has violated Section(s) Florida Statutes. The Commission is empowered by and 10127960), Florida Statutes, to impose a penalty against the Respondent. Therefore, it is ORDERED that: 1. Respondent is hereby issued a letter of reprimand. 2. Respondent is assessed an administrative fine of 750.00 to be paid within two years from the date of the Final Order. 3. As part of the Recovery Network Program (RNP), Respondent shall: Submit to an Evaluation relating to the issues cited in the Amended Administrative Complaint/Notice of Reasons as determined by the RNP and conducted by an RNR approved licensed provider and undergo any counseling ortreatrnent as may be prescribed by said professional. lt, to fulfill this requirement, Respondent must now engage in such counseling, have the professional subrnit quarterly reports to the RNP. Respondent shall provide the RNP written verification from the treatment provider(s) of successful completion of the evaluation within sixty (60) days of issuance of the Final Order OR within sixty (60) days of the initial date of employment in a position requiring a Florida educator?s certi?cate, whichever occurs later. Respondent is responsible for all costs associated with the evaluation, treatment, counseling, and testing required through their participation in the Final Order Kendrick Jamaal Barnes Page 3 if Respondent has under gone evaluation(s) and treatment and/or counseling after the incident(s) alleged in the Amended Administrative Complaint/Notice of Reasons, the evaluation(s) and treatment and/or counseling may be used in lieu of the evaluations(s) and treatment and/or counseling, if acceptable to the RNP. 4. Upon employment in any public or private position requiring a Florida educator?s certificate, Respondent shalt be placed on 3 employment years of probation with the conditions that during that period, (s)he shall: A. immediately notify the investigative office in the Department of Education upon employment or termination of employment in the state in any public or private position requiring a Florida educator?s certificate. 8. Have Respondent?s immediate supervisor submit annuai performance reports to the investigative office in the Department of Education. C. Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator. D. Violate no law and shail tuily comply with alt district school board policies, schooi rules, and State Board of Education rules. E, Satisfactorily perform all assigned duties in a competent, professional manner. F. Bear all costs of complying with the terms of a final order entered by the Commission. Final Order Kendrick Jamaal Barnes Page 4 G. Provide a certified college transcript to verify successful (a grade of ?pass? or a letter grade no lower than a completion of 3 hours of college level course-work in the area(s) of Ethics, which may be taken online, within the probationary period. it. Be prohibited from administrative positions during the probationary period. l. Complete in~service coursework in the area of sexual harrassrnent, and provide documentation verifying successful completion to the probation compliance officer within the probationary period. This order shall become effective upon filing with the Clerk of the Commission. DONE AND ORDERED this 23% day of l/?inrrlA 2016. COPIES FURNISHED TO: Office of Professional Practices Services Bureau of Educator Certification Superintendent Lee County Schools 2055 Central Ave. Ft. Myers, Fl. 33901?3916 Director, Personnel Services Lee County Schools 2055 Central Ave. Ft. Myers, FL 33901?39?i6 KATRINA MCCRAY Presrding Cfficer OF RIGHT To A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED To REVIEW PURSUANT TO 120.68, FLORIDA STATUTES. PROCEEDINGS ARE GOVERNED BY THE 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, THE COURT or: APPEAL, FIRST DISTRICT, OR THE COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESEDES. THE OF APPEAL MUST BE WITHIN THIRTY (30) DAYS OF RENDITION OF ORDER. Final Order Kandrick Jamaai Barnes Page 5 Lee Ann Gustafson Senior Assistant Attorney General Claudia Llado, Clerk Division of Administrative Hearings Recovery Network Program for Educators Probation Office CERTIFICATE OF SERVICE HEREBY that a copy of the foregoing Order was mailed to Kendrick Jamaal Barnes, Fort Myers, Florida 33994 and Esmond J. Lewis, Esq, 5237' Summerlin Commons Boulevard, Suite 315, Fort Myers, Florida 33907 by Certified US Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Charles Whitelock, Esci?, 300 Southeast 13?h Street, Suite E, Fort Lauderdale, Florida 33316-1924 this Mday of my; a! ?it; 2016. ?Ii "Gretchen Kelley/Brantley, Clerk Education Practices Commission STATE. OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as CASE NO: 134-1793 Commissioner of Education, Petitioner, vs. JAMAAL BARNES, Respondent. .i AMENDED ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, ?les this Amended Administrative Complaint against KANDRICK AMAAL BARNES. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certi?cate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 10127950) and 10127960), Florida Statutes. The Petitioner alleges: JURISDICTION l. The Respondent holds Florida Educator?s Certi?cate 996661, covering the areas of Educational Leadership, Business Education and Exceptional Student Education, which is valid through June 30,2018. 2. At all times pertinent hereto, the ReSpondent was employed as an Assistant Principal at Fort Myers Middle Academy in the County?School District. MATERIAL ALLEGATION 3.. On or about October 25 2013 Res nden i presence of students and staff, verbally and physically intimidated a female, ara rofessional on Respondent?s school's staff. On this date, Respondent forcefully grabbedwme arm, pulled hair with enough force to cause her head to jerk back, and pushed her. As turned to run away, Respondent hit her in the back of the head in an extremely hard fashion. Additionally, Respondent yelled at -ising profanity in a threatening manner including but not limited. to, ?Do not fuck with me or i will beat your ass," or words to that effect. 4. On or about November 2013, the District commenced an investigation into the October 25'h incident. Respondent was suspended ending the outcome of the District?s investigation and directed not to have contact with uring the District?s investi ation Respondent contacted -and inquired what the District?s investigator had asked her. told Respondent she was unable to discuss the District?s investigation with him. Respondent became irate and threatened -telling her ?Don?t fuck fucking kill you.? ReSpondent repeated this phrase several times before hung up on him. 5. On or about November 18, 2013, Respondent resigned in lieu of termination from his administrative position with the District. 6. On or about November 19, 2013, - ?led a Temporary Injunction For Protection Against Dating Violence with the Lee County Circuit Court a copy of which is attached hereto and incorporated by reference as Petitioner?s Exhibit A. Respondent was served with a copy of the injunction and a notice to appear for the ?nal hearing on November 26, 2013. 7. On or about November 26, 2013, a Final Judgment injunction Against Dating Violence was entered against the Re3pondent. The Respondent acknowledged receipt of the injunction, a cepy of which is attached hereto and incorporated by reference herein as Petitioner?s Exhibit B. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section Florida Statutes, in that ReSpondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. 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 6A- 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 Florida Administrative Code, in that Respondent shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is af?liated. CQUNT 5: The allegations of misconduct set forth herein are in violation of Rule Florida Administrative Code, in that Respondent shall not use institutional privileges for personal gain or advantage. e: The allegations of misconduct set forth herein are in violation of Rule 6A- Florida Administrative 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 further, failed to make reasonable effort to assure that each individual was protected horn such harassment or discrimination. cotter The allegations of misconduct set forth herein are in violation. of Rule illonda Administrative Code, is that Response shall not use coercive rneans or promise special treatment to influence professional judgments of colleagues. CQUNT 8: The allegations of misconduct set forth herein are in violation of Rule Florida Administrative Code, in that Respondent shall seek no reprise}. against any individual who has reported any allegations of a violation of the Florida School Code or State Board of Education Rules as de?ned in Section 23 1 28(1), ES. 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 Amended Administrative Complaint, Petitioner reapectfully 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 10127950) and 10127960), 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 audiorized 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 (5) years; revoking the Respondent?s educator?s certi?cate for a period of time up to ten (18) years or pennanently; 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 ten (10) years or permanently. EXECUTEB on this '23} 39;. day ofJuly, 2015. i PAM STEWART, as Commissioner of Education State of Florida Xs/Charles T. Whitelock CHARLES T. WHITELOCK, ESQ. Charles T. Whitolook, PA. Counsel to Commissioner Florida Bar No: 166020 300 Southeast Thirteenth Street Fort Laudordalo, FL 333l6 {9543-} 4630001 Fax: (954} 463m04l0 CERTEFXCATE 0F SERVICE I HEREBY CERTEFY that a. true and correct copy of the foregoing was furnished Via e~mail to: Esmond J. Lewis, Esq., Esmond Lewis, RA, 5237 Summerlin Commons Blvd, Ft. Myers, FL 33907, e~mailz eil@osmondlewislaw.com and paralegal@esmondlewislaw.com and Gretchen Brantley, Educalion Practices Commission, 325 West Gaines Street, Suite 224, Turlirzgton Building, Tallahassee, Florida 32399~0400, e-mail: motohenbrantlevt?l?doe.org, this ?3 3 day ofJuly, 2015. /s/Charles T. Whitelock CHARLES T. WHITELOCK EDUCATEGN PRACTICES COMMISSEON GRETCHEN KELLEY BRA STATE OF 140?le army 1! Executive Director R. 1 H0 PSGN Chairperson LEE ANN GUSTAFSON .. Counsel . GOLD (So-Chairperson March 24, 2016 Kandrick Barnes Fort Myers, Florida 33994 Re: Pam Stewart vs. Kendrick Barnes EPC No.1 DOE No.: 9.96663 Dear Mr. Barnes: As you know, the teacher panel of the Education Practices Commission reviewed the matter pending against you. The panel concluded that you violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education rules and hereby reprimands you for the conduct alleged in the Administrative Complaint which is incorporated herein. 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-haye-lessened the reputation of all who practice our profession. The profession cannot condone your actions, nor can the public who employ us. he 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 actionbeing taken against you. This letter of reprimand is being placed in your state certi?cation ?le, and a copy is being sent to the Lee County School Board for placement in your personnel ?le. Sincerely, Katrina McCray Presiding Of?cer "ans WesLGaines a Tallahassee, Florida 32399-0400 9 (850) 245.0455