0) AI FLORIDA DEPARTMENT OF EDUCATION CHARLIE CRIST ComMISSIONER July 30, 2002 Mr. Gerald Kirk Post Office Box 570151 Miami, Florida 33257 CERTIFIED MAIL RE: Finding of Probable Cause SSN: Dear Mr. Kirk: Pursuant to the provisions of Sections 231.262 and 231.2615, 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 231.2615(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. Please govern yourself accordingly. CC/fm ENCLOSURES THe Capito. Floripa ATLANTIC University Tower Praza Lever 08 University OF South Fiorioa, St.Perersaurc Campus 220 S.E. 2No Avenue, #726 TAWAHASSEE, Fioripa 32399-0400 POY 248, 140 7m Avenue Soura Fr. Lauperpaie, Frorina 33301 {850) 487-1785 * SC 277-1785 St. Petersaurc, Fioriva 33701 (954) 762-5322 Fax (850) 413-0378 * SC 993-0378 (727) 553-3730 Fax (954) 762-5197 Fax (727) 553-1033 http://www. firn.edu/doe STATE OF FLORIDA EDUCAT#ON PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1783-V GERALD R. KIRK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against GERALD R. KIRK. 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 614851, covering the areas of Biology and Chemistry, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Substitute Teacher at various schools in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 21, 2001, Respondent made inappropriate remarks to C.G., a 17-year-old, female student. The remarks included comments regarding drug use and sexual innuendo. Respondent also stared at C.G.’s chest. Respondent’s inappropriate actions made C.G. feel uncomfortable, so she left the room and reported the conduct to the administration. By letter dated April 17, 2001, the school district notified Respondent that he was permanently removed from the district’s approved substitute list. GERALD R. KIRK Administrative Complaint Page 2 of 2 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)(8, 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 231.2615(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(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 5: 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. 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_< O dayof_ I ee v7 , 2002. Cin Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-004092PL