WY ww) STATE OF FLORIDA “a e & /) EDUCATION PRACTICES COMMISSION 40f yy,“ 1, Ay 3, Q9 oH Tp Or TOM GALLAGHER, as liar; on Commissioner of Education, aS OPE Petitioner, vs. CASE NO. 989-1640-M HERBERT S. KAWESCH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Herbert S. Kawesch. 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 722322, covering the area of Chemistry, which is valid through June 30, 2000. 2. At all times pertinent hereto, the Respondent was employed as a Science teacher at Crystal Lake Community School, in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about February 27, 1998, Respondent acted unprofessionally toward a fellow teacher when he physically grabbed her, and pushed her onto the floor with him over her. The victim asked the Respondent to stop several times, but the Respondent did not stop until the victim was on the floor pushing him away from her. Respondent had made several unwanted advances to the victim before this incident. On or about November 23, 1998, Respondent was placed on an annual contract rather then the professional service contract he had previously held, and transferred from his school to another school to be away from the victim. Herbert S. Kawesch 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(5)(d), 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 from such harassment or discrimination. 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. EXECUTED on this 2 2 ® day of ee he 1999. ; State of Florida U OU FLORIDA DEPARTMENT OF EDUCATION Se * TALLAHASSEE, FLORIDA 32399-0400 % Ag Tom Gallagher wept, Commissioner ag Ca Qo December 22, 1999 Mr. Herbert Kawesch 9870 Northwest 25th Street . Sunrise, Florida 33322 CERTIFIED MAIL RE: Finding of Probable Cause Dear Mr. Kawesch: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481+ Sincerely, ENCLOSURES Plaza Level, The Capitol © Tallahassee, Florida 32399-0400 (850) 487-1785 © Fax (850) 413-0378 http:/ /www.firn.edu/doe/doehome.htm An affirmative action/equal opportunity employer

Docket for Case No: 00-003241PL