. Nw] Nw) f Pit x . STATE OF FLORIDA 0 yp EDUCATION PRACTICES COMMISSION , 24 | * OF je. fs Aomy'eh. '9 TOM GALLAGHER, as ME ARPA ry Commissioner of Education, & E Petitioner, vs. , CASE NO. 967-1415-D FREDERICK C. LEMIESZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Frederick C. Lemiesz. 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 442856, covering the areas of Vocational(Culinary), which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Culinary Arts teacher at PTEC St Petersburg, in‘the Pinellas County School District. MATERIAL ALLEGATIONS 3. During the 1996-1997 school year, Respondent attempted to enter an inappropriate relationship with a minor female student when he gave her gifts, tried to arrange for her to have photographs made at his expense, asked her to go sailing with him and made flattering remarks to her and told her she had the spirit in her of a dead ex-girlfriend of his. On or about February 6, 1997, Respondent was suspended without pay. Respondent was reinstated to his position with the conditions that he submit to psychological testing, and biweekly counseling for six months and the school board would be able to review the results to determine his fitness to continue in his teaching job. : ’ ad U Frederick C. Lemiesz 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)(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 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. 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 22 wu day of x oe ae , 1999. Ver TOM G as Commissioner of Education, State of Florida | ; VY YW : FLORIDA DEPARTMENT OF EDUCATION F H { be TALLAHASSEE, FLORIDA 32399-0400 feng UT DV is ou, | Tom Gallagher ADMIN < (fi UF Commissioner HEA RNA! VE December 22, 1999 Mr. Frederick Lemiesz 230 53rd Street South : St. Petersburg, Florida 33707 CERTIFIED MAIL RE: Finding of Probable Cause Dear Mr. Lemiesz: | Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule F 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, E 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 i Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481 | ; Sincerely, Yew Tom Ga er TG/jh ENCLOSURES | Plaza Level, The Capitol Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 http:/ /www.fim.edu/doe/doehome.htm An affirmative action/equal opportunity employer

Docket for Case No: 00-003518PL