UY VY STATE OF FLORIDA F \ i. bee D ; EDUCATION PRACTICES COMMISSION AUG 10 PM|2: 31 OV toiut AVE TOM GALLAGHER, as ADMINIS | ily . Commissioner of Education, HEARIRG Petitioner, vs. ; CASE NO. 978-1556-M CHARLES W. ROGERS, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Charles W. Rogers. 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 23 1.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 458754, covering the area of Music, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Band teacher at Mosley High School, in the Bay County School District. MATERIAL ALLEGATIONS 3. On or about November 19, 1997, Respondent was in possession of a controlled substance, Marijuana and Drug Paraphernalia associated with the sale of drugs. Respondent was arrested and charged with Possession of Marijuana and Drug Paraphernalia. On or about June 17, 1998, Respondent pled Nolo Contendere and the court adjudicated him guilty of both charges. Respondent was sentenced to three years probation, $1,000.00 in fines, urine analysis, to pay $260.00 in costs and 200 hours of community service. Charles W. Rogers Administrative Complaint Page 2 of 3 4. During 1981-1987, Respondent entered an inappropriate romantic relationship with a minor female student, A.A. Respondent.had sexual intercourse with the student occasionally and other sexual contact. Respondent bought, A.A., gifts, bought alcohol for her.and other students and smoked Marijuana in her presence. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 23 1.28(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: 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 4: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. ' COUNT 5: Section 231.28(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 6: 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 7: 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 8: 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. Charles W. Rogers Administrative Complaint Page 3 of 3 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_ 4 ™* day of Ay , 2000. Leon TOM GALL R, as Commissioner of Education. State of Florida >

Docket for Case No: 00-003343PL