STATE OF FLORIDA PP me EDUCATION PRACTICES COMMISSIO®) , °° 2 WL 2 9 PY f, 52 CHARLIE CRIST, as “ Commissioner of Education, Petitioner, ys. CASE NO. 012-0316-A DANIEL W. GARDINER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint ’ against DANIEL W. GARDINER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida educator’s certificate 726297, covering the area of Biology, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a technology teacher at Ft. Clarke Middle School in the Alachua County School District. MATERIAL ALLEGATIONS 3. Between August, 1997 and December, 2001, inclusive, the Respondent: 1) engaged in inappropriate conduct with students; 2) discriminated against students; 3) made inappropriate comments to students; and/or 4) removed school property from the school’s premises without permission. 4. The Respondent discriminated against some students and showed favoritism to others. He provided the students with the requirements in order to receive a passing grade on projects and then graded some students according to those standards and others differently. Some students were allowed to play games on the computer on Fridays while the Respondent made other students complete an assignment which was not due until the following Tuesday. If the assignment was not completed by the Daniel W. Gardiner Administrative Complaint Page 2 of 3 end of class Friday, the student would receive a failing grade. The Respondent would also discipline students differently for the same offense. For example, the Respondent gave one student who was eating candy in class an after-school detention whereas another day he did not give a group of students eating candy in class detention. 5. The Respondent behaved inappropriately and made inappropriate comments with students with regards to matters concerning a lawsuit he had won against the principal and/or the school board and bragged about the vehicle he been able to purchase with the money he had won as a result of the lawsuit. He also made disparaging remarks about the principal regarding how the principal was going to be fired and how he was glad the principal was leaving. 6. The Respondent made inappropriate and disparaging remarks to his students, including but not limited to telling them that ifhe had to spend another day with them, he might have to get an Uzi and mow them all down, speaking about masturbation or making other sexual comments, using obscene language and/or telling students to “shut the hell up.” He inappropriately made comments to students which were perceived by the students to be sarcastic and mean, and students felt he yelled frequently. 7. The Respondent inappropriately exposed students to obscene material, including but not limited to showing students how to find pornography web sites and/or web links on the school’s computer during work hours. 8. The Respondent inappropriately disciplined students by isolating them in an adjacent room for days. 9. The Respondent removed school district property from the school’s premises without permission. On or about May 17, 2001, when told that school personnel were going to check to see if the computer assigned to him at school was working correctly the next day, the Respondent took the computer’s hard drive home without permission so that it was not there the day the computer was going to be checked. The computer personnel actually wanted to access the Respondent’s computer to determine whether the Respondent had been accessing inappropriate web sites during the work day on his computer. The Respondent apparently placed a hard drive back in the computer subsequently but, because one could not tell whether this was the same hard drive which had been in the computer previously, school personnel were unable determine which web sites the Respondent had accessed. 10. On or about June 18, 2001, the Respondent received a letter of warning regarding his inappropriate comments to the students and his weaknesses in motivating “reluctant” students to learn inthe classroom. The Respondent had been reprimanded previously for making inappropriate comments to students when he had first started teaching at Ft. Clarke Middle School. On or about October 19, 2001, he was given a memorandum concerning another incident of using inappropriate language with a student and regarding how the Respondent was to use appropriate language and tone with students and to refrain from making disparaging remarks to them. Daniel W. Gardiner Administrative Complaint Page 3 of 3 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the 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(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which he is affiliated. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authonty provided in Sections 231.262(7) and 231.2615(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 8 dayof__ may , 2002. ut Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-002998PL