YU YW ro “TER STATE OF FLORIDA EDUCATION PRACTICES Commission 29 JUL 27 AM 9: 32 Agenon OF TOM GALLAGHER, as an AT RATIVE Commissioner of Education, SAINI Petitioner, vs. CASE NO. 990-0954-M LENFORD SUTTON, SR., . Respondent. 4 b - 3 0 6 ? ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Lenford Sutton, Sr.. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 622792, covering the areas of Economics, Educational Leadership and School Principal, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Assistant Principal teacher at Ivey Lane Elementary School, in the Orange County School District. _ MATERIAL ALLEGATIONS 3. On or about November 10, 1999, Respondent acted inappropriately, and unprofessionally toward a student and her parent. Respondent had been informed that the minor female student had filed a complaint against Respondent claiming that sometime during September 1999 Respondent had touched her leg inappropriately. Respondent became angered and instead of allowing the District to investigate initiated his own investigation. Respondent in effect, investigated himself during his “investigation” Respondent engaged in a shouting match with the student’s parent, threatened the student with expulsion and the parent with a lawsuit. Respondent conducted this “investigation” without the knowledge of his Principal or any school board official. Lenford Sutton, Sr. Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. ' RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), 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 safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), 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- 1.006(3)(h), 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 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, 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. m EXECUTED on this_(> — day of p= CommissionéY of Education, State of Florida i 4 I i | iH ‘| in |

Docket for Case No: 00-003067PL