FLORIDA DEPARTMENT OF EDUCATION An © TALLAHASSEE, FLORIDA 32399-0400 2 Commissioner | 36 ‘a 61-2861 PL July 20, 2000 .. Mr. William Clarke, II 7365 North Augusta Drive Miami, Florida 33056 CERTIFIED MAIL RE: Finding of Probable Cause SSN; 262-04-5964 Dear Mr. Clarke: . 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. - Sincefely, — TG/jh ENCLOSURES - Plaza Level, The Capitol * Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 http://www firn.edu/doe An affirmative action/equat opportunity employer a\ _ by unwanted sexual TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-2168-M WILLIAM E. CLARK, JL, Respondent. . / __ ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against William E. Clark, II]. 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 aa . The Respondent holds Florida Educator’s Certificate 277399, covering the areas of ~ Guidance and Counseling, Administration and Supervision and English , which is valid through June 30, 2001 2. At all times pertinent heret it ¢ Respondent was employed as a Principal at Miami Northwestern Senior High School, in the Miami-Dade County School District. ~ MATERIAL ALLEGATIONS éginning in July 1995, Respondent sexually harassed a female employee Ms. J. Hazel advances, réquests for sexual favors, and verbal behavior of a sexual nature that created an unprofessional and oppressive work environment for Ms. Hazel. In addition Respondent retaliated against Ms. Hazel for her refusals by reassigning her duties to others and creating 4n environment where she was in fear of retaining her job assignment because she had not responded positively to his sexual advances. “2° 4,006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, William E. Clark, TI Administrative Complaint : Page 2 of 3 4, Between June 1996 and April 1997, Respondent sexually harassed his secretary Sonja Miller by continually subjecting her to unwanted verbal and physical sexual advances. Asa result Respondent created a hostile work environment for Ms. Miller. 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)(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 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(4)(¢), Florida ‘Administrative Code, in that Respondent has used institutional privileges for “personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- gift, or favor to obtain special advantages. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- orm “¥,006(3)0b); Florida Administrative Code, in that Respondent has denied to a-colleague professional benefits or advantages or participation in any professional organization on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if ~ otherwise qualified, or social and family background. en ee William E. Clark, III Administrative Complaint Page 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(S)(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 207" day of __, 2000. —_—OOO ¢ em TOM GAL’ as Commissioner of Education, State of Florida

Docket for Case No: 01-002861PL