on tik STATE OF FLORIDA EDUCATION PRACTICES COMMISS$ION 7 ANTE 08 TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. . CASE NO. 989-2252-C WILLIE JAMES BROWN, Respondent. / D) T MPLAINT . Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative. Complaint against Willie James Brown. 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 291577, covering the areas of Physical Education, Administration and Supervision, which is valid through June 30, , 2003. 2. At all times pertinent hereto, the Respondent was employed asa Physical Education teacher at Spruce Creek High School, in the Volusia County School District. MAT ERIAL ALLEGATIC NS 3. On or about March 14, 1996, the Education Practices Commission (EPC) issued an order that placed Respondent on probation for three years, which began March 18, 1999, after Respondent admitted to inappropriate behavior with female students, inappropriate comments about the dress of female students and the use of inappropriate language. On or about March 18, 1999, Respondent violated his EPC probation when he fondled the breast of a minor female student, P. T. Willie James Brown Administrative Complaint 2 of 3 4. On or about March 18, 1999, Respondent acted inappropriately when he fondled the breast of a minor female student, P. T. Respondent had been involved in helping P.T. in printing her work off a computer when he reached around her shoulder and then reached down and squeezed her breast. T RY ATION; COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(3)(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 leaning 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)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, or social and family background and has failed to make reasonable effort to assure that each student is protected from harassment or discrimination. et ance, Hi i nl press Willie James Brown Administrative Complaint 3 of 3 COUNT 6: 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 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(o), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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 ott day of Lh ~ , 2000. lor TOM GA GHER, as Commissioner of Education, _ State of Florida

Docket for Case No: 02-000961PL