STATE OF FLORIDA CF ee EDUCATION PRACTICES COMMISSION : C CCT 12 pe 1:59 CHARLIE CRIST, as Pirote gg Commissioner of Education, Petitioner, vs. CASE NO. 012-1733-Q ROGER K. ROBERTS, JR. Di f) Respondent. C uf ANtc4 If C / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against ROGER K. ROBERTS, 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 vURIOVEs-— 1. The Respondent holds Florida Educator's Certificate 619621, covering the areas of Biology and Chemistry, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Science teacher at East Bay High School in the Hillsborough County School District. MATERIAL ALLEGATIONS a 3. On or about March 13, 2000, the Education Practices Commission (EPC) issued a Final Order accepting a Settlement Agreement which included the terms of the Respondents being placed on 3 years of probation to commence on the date of the Final Order and that he violate no law during the period of his probation. The charges for which the Respondent was plac ed on probation included three DUI charges spanning from 1991-1996. On or about January 13, 2002, the Respondent exposed his penis in a public place and/or in a vulgar or indecent manner. While sitting “na vehicle with the door open, the Respondent pulled his penis out of his pants and pulled on itn the presence of an officer whom he was conversing with and a female victim. The Respondent was also intoxicated. He was arrested and charged with Exposure of Sexual Organs. On or about \"> ROGER K. ROBERTS, JR. Administrative Complaint Page 2 of 3 February 28, 2002, the superintendent of the Hillsborough County School Board suspended the Respondent with pay. On or about March 13, 2002, the school board suspended the Respondent without pay. With regards to the charge, the Respondent completed a diversion program and, on or about March 20, 2002, and the State Attorney’s Office nolle prosed the charge. 4. On or about January 13, 2002, when the Respondent exposed himself, the Respondent held a valid Florida Educator's Certificate and was employed in a teaching position requiring such certificate with the Hillsborough County School District. Employed as such, the Respondent was stil! on EPC probation at the time. By exposing himself in violation of section 800.03, Florida Statutes and, thus, violating the term of his probation that the Respondent “violate no law,” the Respondent violated his EPC probation. 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)(£), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct whicti seriously reduces his effectiveness as an employee of the schoo! 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 the State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(p), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposinga fine, or restricting the authorized scope of practice. | ROGER K. ROBERTS, JR. Administrative Complaint Page 3 of 3 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 BO dayof_ Jul , 2002. Cum. Charlie Crist, as Commissioner of Education, State of Florida ivivapage lage ruin Rittenhouse, Jennifer From: — Hall, Barry Sent: Wednesday, October 06, 2004 4:28 PM OCT yo pe To: Rittenhouse, Jennifer Subject: FW: Roger Roberts, Jr.02-0613-RT anos Original Message----- From: Stowers, Ron Sent: Thursday, September 09, 2004 5:06 PM To: Maynard, Heidi; Odom, Tamara; Richards, Kathleen; Thomas, David; Healy, Rita; Shields, Don; Hall, Barry; ‘Bruce P. Taylor’; Stowers, Ron Subject: RE: Roger Roberts, Jr.02-0613-RT FYI- This case is assigned to Bruce Taylor for formal hearing. Bruce, the case is a contested showcause originally scheduled for next week's EPC hearing. If | remember correctly the main issue is being under the influence at school. The only penalty available is permanent revocation due to the three-strikes rule. nonce Original Message----- From: Maynard, Heidi Sent: Thursday, September 09, 2004 2:50 PM Ta: Stowers, Ron Subject: FW: Roger Roberts, Jr.02-0613-RT -----Original Message----- From: Thomas, David Sent: Thursday, September 09, 2004 2:24 PM To: Maynard, Heidi Ce: Richards, Kathleen; Healy, Rita; Shields, Don; Hall, Barry Subject: Roger Roberts, Jr.02-0613-RT FYI Mr. Roger Roberts’ show cause case for the September EPC Teacher Panel has been withdrawn. Mr. Herdman has requested that this case be referred to the Division of Administrative Hearings and upon advise of their counsel (as he is contesting the Violation of Probation because of the substance abuse screening), the EPC will forward this case to DOAH. David A. Thomas RNP 10/6/2004 IMieSSdayxe rape i urd Rittenhouse, Jennifer From: — Hall, Barry Sent: Wednesday, October 06, 2004 4:32 PM ChOCT 12 ey pre To: Rittenhouse, Jennifer ; : Subject: FW: Roger Roberts, Jr.02-0613-RT ; : os From: Stowers, Ron Sent: Thursday, September 09, 2004 5:17 PM To: Thomas, David; Maynard, Heidi; Odom, Tamara; 'Bruce P. Taylor’; Stowers, Ron Ce: Richards, Kathleen; Healy, Rita; Shields, Don; Hall, Barry Subject: RE: Roger Roberts, Jr.02-0613-RT Ok, Now I'm confused. If you can wait to send to DOAH until Friday, I'm trying to figure out at what stage Kelly had which of his cases. | remember it had to do with an arrest at a bar. The showcause has to do with testing positive for alcohol. Separate issues. | would rather send the case to Bruce, as | think he only has one case now. From: Thomas, David Sent: Thursday, September 09, 2004 2:56 PM To: Maynard, Heidi Cc: Richards, Kathleen; Healy, Rita; Shields, Don; Hall, Barry; Stowers, Ron Subject: RE: Roger Roberts, Jr.02-0613-RT Heidi, Thank you for the help. Sorry, but the ICMS has you and Kelly Holbrook as attorney's. Ron may need to have the ICMS updated. David From: Maynard, Heidi Sent: Thursday, September 09, 2004 2:50 PM To; Thomas, David Subject: RE: Roger Roberts, Jr.02-0613-RT David - This is Ron's, so I've forwarded your message. From: Thomas, David Sent: Thursday, September 09, 2004 2:24 PM To: Maynard, Heidi Ce: Richards, Kathleen; Healy, Rita; Shields, Don; Hall, Barry Subject: Roger Roberts, Jr.02-0613-RT FYI 10/6/2004 10/6/2004 ivicssaye Lage zurea Mr. Roger Roberts’ show cause case for the September EPC Teacher Panel has been withdrawn. Mr. Herdman has requested that this case be referred to the Division of Administrative Hearings and upon advise of their counsel (as he is contesting the Violation of Probation because of the substance abuse screening), the EPC wili forward this case to DOAH. David A. Thomas RNP

Docket for Case No: 04-003691PL