Sneed, Terrance

8/3/2019 Sneed, Terrance

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Before the Education PracticesCommission of the State of Florida

~ ~ [ E

J A N 8 2 0 0 8OHN L. WINN as theCommissioner of Education,Petitioner,

-,.---- __ ---1E D U C A T IO N P R A C T IC E S C O M M IS S IO N

S T A T E O F F LO R ID A

vs. CASE NQ:07-0395-RT __EPC Index NQD 8 - 00'7- rOJ.:.TERRANCE TYRONE SNEED,

Respondent.

Final OrderRespondent, Terrance Tyrone Sneed, holds Florida educator's certificate no.

796549. 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 resolutionof this cause. The Settlement Agreement and the Administrative Complaint are attachedto and made a part of this Final Order.

A Teacher Panel of the Education Practices Commission met on December 14,

2007, in Tallahassee, Florida. The Commission accepts the Settlement Agreement as theappropriate resolution of this cause.

It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED andRespondent shall comply with its terms and conditions.


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Fina! OrderTerrance Tyrone SneedPage 2

This Order becomes effective upon filing.

DENNIS J. GRI

Bureau of Professional Practices

NOTICE OF RIGHT TO JUDICIAL REVIEWUNLESS WAIVED, A PARTY WHO ISADVERSELY AFFECTED BY THIS FINALORDER IS ENTITLED TO JUDICIAL REVIEWPURSUANT TO SECTION 120.68, FLORIDASTATUTES. REVIEW PROCEEDINGS AREGOVERNED BY THE FLORIDA RULES OFAPPELLATE PROCEDURE. SUCHPROCEEDINGS ARE COMMENCED BYFlUNG ONE COpy OF A NOTICE OFAPPEAL WITH THE EDUCATION PRACTICESCOMMISSION AND A SECOND COPY,ACCOMPANIED BY FILING FEESPRESCRIBED BY LAW, WITH THE DISTRICTCOURT OF APPEAL, FIRST DISTRICT, ORWITH THE DISTRICT COURT OF APPEAL INTHE APPELLATE DISTRICT WHERE THEPARTY RESIDES. THE NOTICE OF APPEALMUST BE FILED WITHIN THIRTY (30) DAYSOF RENDITION OF THIS ORDER.

COPIES FURNISHED TO:

Bureau of Teacher CertificationFlorida Administrative Law ReportsSuperintendentSt. Lucie County Schools2909 Delaware Ave.Ft. Pierce, FL 34947-7299Associate SuperintendentHuman ResourcesSt. Lucie County Schools2909 Delaware Ave.Ft. Pierce, FL 34947-7299Probation OfficeRonald G. StowersDOE counsel for PPSDaniel BigginsAssistant Attorney General


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Final OrderTerrance Tyrone SneedPage 3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Terrance TyroneSneed # 67371, 568 Northeast 25th Street, Cross City, Florida 32628, this 8"!J:i- day ofA----lo---, 2008 by Certified U.S. Mail.

DON SHIELDSEducation Practices Commission


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STATE OF FLORIDAEDUCATION PRACTICES COMMISSIONJOHN L.WINN asCommissioner of Education,

Petitioner,VS. CASE NO. 034-0188-MTERRANCE TYRONE SNEED,

Respondent.____________________________________ --M1ADMINISTRATIVE COMPLAINT

Pet iti on er , J ohn L. Winn , a s C omm is sio ne r o fE du ca tio n, fiIe s th is Admin is tra tiv e C omp la in tagainst T errance Tyrone Sneed. T he Petitioner seeks the appropriate disciplinary sanction of theR espon dent's edu cator's certificate p ursuant to S ection s 1012 .7 95 and 1012.79 6, Florida S tatutes,and pursuant to R ule 6B l.006 , F lo rida A dm inistrative C ode, Prin cip les of Professional C ondu ct forth e E du catio n P ro fessio n in F lo rid a, said san ctio ns sp ecifically set fo rth in S ectio ns 1 01 2.7 95 (1 ) an d1 01 2.7 96 (7 ), F lo rid a S ta tu te s.

The Petitioner alleges:JURISDICTION

1. The Respondent holds Florida Educator's Certificate 796549, covering the area ofPhysical E ducation, w hich is valid through June 30, 2008.

2. A t all times pertinent hereto , the Respondent was employed as a PhysicalEducation T eacher in the St. Lucie County Schoo l D i str ic t.

MATERIAL ALLEGATIONS3. During the spring semester of200 1, R espondent was involved in a sexual

relationship w ith a 14 year-old student w ho w as a m em ber of the track team which Respondentcoach ed. T he first sexual encounter occurred in R espondent's hom e. R espondent had offered thestudent a ride hom e and stopped by his hom e to "get som ething." O n or about Septem ber 5.2003, R esp on de nt w as ch arg ed by Information with tw o counts of Lew d O r L ascivious B attery.O n or about February 25,2005,. R espondent entered aplea of nolo contendere to the charges.R es po nd en t w as a dju dic ate d guilty, required to subm it blood specim ens and sentenced to theD epartm ent of Corrections for eighty-four (84) m onths follow ed by sex offender probation for o i l .period of ten years. O n or about June 2R , 2005, R espondent w as term inated from his position inthe Saint L ucie County School System by the S choo l B oard.


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TERRANCE TYRONE SNEEDAdministrative Complaint

Page 2 of3

STATUTORY VIOLATIONSCOL: NT 1; The allegations of misconduct set forth herein are in violation of Section

1012.795( 1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or anact involving moral turpitude.

COUNT 2: The allegations of misconduct set forth herein arc in violation of SectionJOl2.795(c), Florida Statutes, in that Respondent was convicted of felony charges.

COUNT 3: The allegations of misconduct set forth herein arc in violation of Section1012.795(1 )(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty ofpersonal conduct which seriously reduces his effectiveness 3S an employee of the school board.

COUNT 4: The allegations ofmisconduct set forth herein are ill violation of Sectionl012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of ProfessionalConduct for the Education Profession in Florida prescribed by the State Board of Education.

COU~T 5: The allegations of misconduct set forth herein are in violation of Section1012.795(2), Florida Statutes, in that Respondent plead guilty in a court oflaw, thus prima facieproof of grounds for revocation of his certificate.

RULE VIOLAnONSCOUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B~

L006(3)(a), Florida Administrative Code, in that Respondent failed to make a reasonable effortto protect a student from conditions harmful to learning or to the student's mental health orphysical safety.

COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 68-1.006(3)(c), Florida Administrative Code, in that Respondent intentionally exposed a student toembarrassment or disparagement,

COUNT 8: The allegations of misconduct set forth herein are in violation of Rule6B-1.006(3)(h), Florida Administrative Code. in that Respondent exploited a relationship with astudent for personal gain or advantage.

(SIGNAreRE ON FOLI,OWING PAGE)


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TERRANCE TYRONE SNEEDAdministrative Complaint

Page 300WHEREFORE; based on th e reasons set forth herein and in accordance with the

Explanation of Rights and Election of Rights forms attached to and made a part of thisAdministrative Complaint, Petitioner respectfully recommends that the Education PracticesCommission impose an appropriate sanction against the Respondent's educator's certificatepursuant to the authority provided in Sections 1012.7950) and 1012.796(7), Florida Statutes.The sanctions imposed by the Education Practices Commission may include, but are not limitedto, anyone of 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'sauthorized scope of practice; assessing the Respondent an administrative fine; directing theRespondent to enroll in the Recovery Network Program; suspending the Respondent'seducator's certificate for a period of time not to exceed five years; revoking the Respondent'seducator's certificate for a period of time up to ten years or permanently; or barring theRespondent from reapplying for an educator's certificate for a period of time up to ten years orpermanentl y.

EXECUTED on this ~day of =su~ ,2006.

t~----------- ------hn L.Winn, asCommissioner of Education,State of Florida


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STATE OF FLORIDAEDUCATION PRACTrCRS COMMISSION

JOHK L. WINN, asCommissioner of Education

Petitioner,vs. CASE NO. 034-0188-1\'1TERRANCE TYRONE S.l\a~:El),

Respondent.

- - - - - - - - - - - - - - ~ - - - - - - - - - - - ~ /SE'Irr JEMENT AGRREMEl\'T

Petitioner and Respondent hereby stipulate and agree all follows:1. Certification. Respondent holds Florida Educator's Certificate Number 796549

issued by the Department of Education covering the area of Physical Education which is validthrough June 30, 2008.

2. Employment. At all times pertinent hereto, Respondent was employed as aPhysical Education Teacher In the 81. Lucie County School District.3. Alleaation& Respondent neither admits nor denies, but elects not to contest the

allegations set forth in Petitioner's Administrative Complaint, which are incorporated herein byreference.4. Permanent Re,'ocation and Permanent BIll' from Re-Applicatioll

Respondent agrees to accept permanent revocation of his Florida educator's certificate,commencing upon the issuance of the Final Order entered by the Education Practices Commission(EPC) accepting this settlement agreement. (Permanent revocation means that Respondent maynever again hold a Florida educator's certificate or be employed in a position requiring a Floridaeducator's certiiicate.) Respondent also agrees to be permanently barred from re-applying for orholding a Florida educator's certificate. (Permanent bar from re-application means theRespondent may never again apply for a Florida educator's certificatc.).

5. Violation~ In the event Respondent Jails to comply with each condition set forthherein, he agrees that the Petitioner shall be authorized to file an Administrative Complaint or aNotice of Violation with the EPe seeking sanctions against his Florida educator's certificate up to


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TERRANCE TYRONE SNEEDSettlement Agreement

Page 2 00and including permanent revocation of his Florida educator's certificate and a permanent bar fromre-application for a Florida educator's certificate, based upon tilt: violation of the terms of thisSettlement Agreement.

6. Costs and Fees. Respondent agrees that any costs associated with thefulfillment of the terms of this Settlement Agreement shall be his sole responsibility. These costsinclude. but are not limited to, those associated with the Recovery Network Program (RrW) andProbation, if applicable. The probation monitoring lee shall be held in abeyance if Respondent isnot employed as an educator pursuant to the terms of the Probation,

7. Force and Effect. This Settlement Agreement constitutes an offer of settlementof disputed issues of material fact until accepted and executed by a n parties, The SettlementAgreement is void and has no force or effect unless executed by all parties and accepted by theEPe, If the Settlement Agreement is not accepted and executed by all parties, the terms hereinshall he inadmissible in any subsequent formal or informal administrative hearing or in any otherlegal action between the parties.

g, Notice of "Three Strikes" .b:mision. Respondent is hereby put on notice thatSection 1012.795( 6)(b) , Florida Statutes (2004), provides for permanent revocation of aneducator's certificate under certain circumstances when the educator's certificate has beensanctioned by the Education Practices Commission on two (2) previous occasions.

9. Waiver' of Rights," Respondent understands provisions of this SettlementAgreement, their legal effect, and his rights under florida law to a formal hearing before a dulydesignated administrative law judge of the Division of Administrative Hearings (DOAH) or aninformal hearing before the EPC. Respondent specifically waives his right to both a formal andan informal hearing, except he may appear before the EPe in order to urge the adoption of thisSettlement Agreement. Respondent further acknowledges that he is under no duress, coercion orundue influence to execute this Settlement Agreement and that he has had the opportunity toreceive the advice of legal counsel prior to signing this Settlement Agreement.

10. Approval. "When fully executed, this Settlement Agreement shall be submitted tothe EPC with the joint request by the parties that the EPC accept and adopt the terms of thisSettlement Agreement as the basis for its Final Order in this proceeding. The parties understandthat the EPC has the discretion to reject this Settlement Agreement and order a full evidentiaryhearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, itdeems such action to be appropriate.

11. Notil:~. Respondent waives all statutory and regulatory provisions concerningnotice ofhearing and agrees that this Settlement Agreement may be presented to the EPe forconsideration at its next available scheduled meeting, provided that Respondent is givenreasonable advanced notice of time, place and date of said meeting.


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TERRANCE TYRONE SNEEDSettlement Agreement

Page 3 of3

IN \VITNESS W~'REOF. ' the parties have executed this Settlement Agreement on this/6 day of ..:i&J~, 20D 1__---- =t:" j I-~k ~T E R R A N C E T~NEE;>Il'D~"""""--'--

STATE OF FLORIQA .COUNTY OF .. J)tX II!~~ _

The foregoing instrument was acknowledged be~me this ~~ day of_ _ : ! J : _ _ . ( O V ,20_()J~, by~.51lee(J. ,e{ rc~~ce- _who is __ , _personally known or produced ]) If kbJ87jas identification [type of identification produced].

Assistant General CounselSuite 1244, Turlington Building)25 West Gaines StreetTallahassee, Florida 32399-0400Telephone (850) 245-0443Facsimile (850) 245~9425ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT

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Sneed, Terrance