Division of Administrative Hearings, Florida
Filed: Aug. 08, 1990
The issues concern an administrative complaint brought by Petitioner against Respondent. The administrative complaint is Case No. 90019-M. It accuses Respondent of engaging in an inappropriate sexual relationship with a minor female student during the school years 1971-1972 and 1972-1973, while the student was a junior high student and continuing with that student while she was a minor attending high school. Respondent is further accused of providing the student with alcohol and marijuana and taking sexually explicit photographs of that student. For these reasons Respondent is said to have violated Section 231.28(1)(6), Florida Statutes, through alleged misconduct involving gross immorality or an act involving moral turpitude. In addition, he is said to have violated Section 231.28(1)(h), Florida Statutes, for violating laws or rules of the State Board of Education, penalty for which is revocation of the teaching certificate. The conduct allegedly violates Rule 6B-1.006(3)(a), Florida Administrative Code, for Respondent's failure to make a reasonable effort to protect a student from conditions harmful to learning or to health or safety. Respondent is said to have violated Rule 6B-1.006(3)(e), Florida Administrative Code, for intentionally exposing a student to unnecessary embarrassment or disparagement. Finally, the Respondent is alleged to have violated Rule 6B- 1.006(3)(h), Florida Administrative Code, by exploiting a professional relationship with a student for personal gain or advantage. Petitioner seeks to impose penalties under the authority of Sections 231.262(6) and 231.28(1), Florida Administrative Code.Accusation of sexual relations with minor female. not proven in that student story not corroborated. Proof in equipoise presents problem of laches.