STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 001-2072-M TIMOTHY HENSLEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against TIMOTHY HENSLEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.795(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 747607, covering the area of Journalism, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Sebastian River Middle School, in the Indian River County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, the Respondent engaged in inappropriate conduct with female students. These incidents include, but are not limited to, grabbing K.P.'s buttocks and breast. K.P. is a female student whose date of birth is July 26, 1989. The Respondent also rubbed the backs and arms of N.W., D.S., and V.C. N.W. is a female student whose date of birth is November 28, 1988. D.S. is a female student whose date of birth is September 14, 1988. V.C. is a female student whose date of birth is unknown. The Respondent also used inappropriate language with students. On one occasion when the Respondent grabbed K.P., she stated words to the effect TIMOTHY HENSLEY Administrative Complaint 2 of 3 of "Please stop." The Respondent replied with words to the effect of "shut the fuck up." On or about August 1, 2001, the Respondent resigned his teaching position with the Indian River County School District effective August 15, 2001. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. 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 health and/or 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, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. TIMOTHY HENSLEY Administrative Complaint 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 [ 5 day of , 2003. ORNE, as issioner of Education State of Florida

Docket for Case No: 03-002937PL