STATE OF FLORIDA EDUCATION PRACTICES COMMISSIO CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1182-M JOHNSON HOLSBERRY, JR., 0-058 PC Respondent. | / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against JOHNSON HOLSBERRY, JR.. 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(7) and 231.2615(1), Florida Statutes. . The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 636714, covering the areas of Biology, General Science and Social Science, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Biology teacher at School of Choice in the Palm Beach County School District. MATERIAL ALLEGATIONS 4 3. In 1986, the Respondent was arrested and charged with Driving Under the Influence. The Respondent was incarcerated for a period of time, and the court ordered him to pay a fine and ordered that his drivers license be suspended for a period of time. On or about October 7, 1986, the Respondent was charged with Contributing to the Delinquency ofa Minor. He had taken L.T., a 13- year old female to another county without permission and given her beer and wine there. On or about October 7, 1986, he pled guilty to the charge. The court ordered him to pay $240.00 in fines and court costs for that charge. JOHNSON HOLSBERRY, JR. Administrative Complaint Page 2 of 4 4. On or about May 11, 1987, the Respondent did not acknowledge that he had pled guilty to Contributing to the Delinquency ofa Minor in 1986, for which the judge had ordered him to pay a fine, on his application for an instructional position with the Schoo! Board of Palm Beach County. The Respondent also did not acknowledge this charge on his File Update for the school board. By failing to disclose the charge on his application and update, he failed to completely acknowledge his criminal background as required by Florida law, and these omissions were in conflict with his statements on the documents that all of the information was true and complete. 5. Between the 1996-1997 and 1999-2000 school years, inclusive, the Respondent sent inappropriate and/or sexually explicit material via e-mail to students, distributed computer disks with such material to students, and behaved and spoke inappropriately with students. Between February and March, 2000, the Respondent sent inappropriate and/or sexually explicit messages and/or attachments via e-mail to R.D., a female student whose date of birth is on or about September 24, 1982. Such messages included: 1) words to the effect of “Hey, little girl, would you like a candy bar? Ha, ha, ha;” 2) “tele-fuckies” of a policeman flashing his butt and of a road sign with people having sexual intercourse and children watching it; 3) an e-mail message stating that he had not gone to West Virginia and was in town; and 4) a picture of acartoon character without a head, in which the character was holding a pair of scissors and a sign which read, “Will trim bush for head.” The Respondent also inappropriately invited R.D. to go on trips with him, some for as long as several weeks. He invited R.D. to come to his house and to meet him outside of school, and gave her his phone number and invited her to call him at his house. During this time, the Respondent also spoke inappropriately to M. B., a female student whose date of birth is on or about April 15, 1984. He said words to the effect that she had nice “titties” and/or a nice ass. The Respondent also invited M.B. to go ona trip with him. The Respondent gave J. B., a female student whose date of birth is on or about March 24, 1983, two computer disks with pornographic pictures on them and/or sent her pornographic messages and pictures over the intemet. The Respondent gave J.B. the computer disks approximately in November 1999. Pictures on the disks included such images as a graphic picture of three people having sex, individuals with their genitals exposed, and persons engaged in sexual intercourse. Another picture was of a man’s penis, and the title of the picture on the disk was one of the Respondent’s internet names. On or about December 21, 1999, the Respondent also sent J.B. an inappropriate message which contained a comparison between drinking beer and eating pussy. He invited J.B. to go on a trip with him as well. 6. The Respondent also used his school computer inappropriately. He viewed inappropriate web sites while in class, such as a “Joe Cartoon” web site which contained inappropriate language. He showed pomography on his computer in his classroom to R.D., J.B. andor M.B. He also inappropriately used his scnool computer to send e-mail to R.D. 7 Onor about May 25, 2000, the Chief Personnel Officer tor the school district assigned the Respondent to his home with pay. On or about December 5, 2000, the Respondent resigned from his teaching position. On or about March 20, 2001, the Respondent was arrested and charged with JOHNSON HOLSBERRY, JR. Administrative Complaint Page 3 of 4 Showing Obscene Material to a Minor. On or about October 24, 2001, the State Attorney’s Office amended the charge to Child Abuse and listed R.D. as the victim. On or about October 24, 2001, the Respondent pled guilty to the charge. The court adjudicated him guilty and placed him on five years of probation. The court ordered him to have a psychological and a substance abuse evaluation, receive random drug and alcohol testing, have no contact with minor children without adult supervision by persons who were aware of his child abuse case and its disposition, and surrender all teaching certificates held in any jurisdiction, and not seek to obtain any teaching certificates in any jurisdiction in the future. , 8. On or about October 18, 2001, the West Virginia Department of Education permanently revoked the Respondent’s teaching certificate. 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)(d), Florida Statutes, i in that Respondent has had a teaching certificate revoked in another state. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 4: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 5: 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. COUNT 6: Section 231.2615(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. JOHNSON HOLSBERRY, JR. Administrative Complaint Page 4 of 4 RULE VIOLATIONS COUNT 7: 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 health and/or safety. COUNT 8: 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 9: 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 10: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(i), Florida Administrative Code, in that Respondent has made a fraudulent statement or failed to disclose a material fact in his or another’s application for a professional position. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority 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 So day of Sul , 2002, Charlie Crist. as Commissioner of Education. State of Florida

Docket for Case No: 03-000388PL