STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, ve Petitioner, VS. CASE NO. 001-1194-V BRETT T. SCANLON, Respondent. bY-Yos4 rL ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Brett T. Scanlon. 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 809487, covering the areas of Elementary Education, which was valid through June 30, 2001, and English to Speakers of Other Languages (ESOL), which was valid through April 13, 2000. : 2 At all times pertinent hereto, the Respondent was employed as a 3rd Grade Teacher at William Chapman Elementary School in the Miami-Dade County School District. Brett T. Scanlon Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. On or about November 14, 2000, Respondent and a co-worker inappropriately disciplined M.S., a 9-year-old, second grade student, by using intimidation, terror tactics, and battery. Respondent and his co-worker took the student into the bathroom to discipline him. Respondent’s co-worker kicked the door of the bathroom stall and punched the walls. Respondent’s co-worker grabbed the student by his neck and placed his head near the toilet bow] and flushed the toilet, while saying that the student’s life was going down the toilet like water. Respondent and/or his co-worker took the student to the staircase and told him that if he told anyone what occurred in the bathroom they would kill him by putting him on the ledge of the second floor and pushing him off the ledge and/or down the stairs. Respondent and/or his co- worker told the student that if he misbehaved again they would pull his teeth and tongue out and break his fingers off. Respondent and/or his co-worker made the student stand on one foot and pretended to push him down the stairs. The student was placed in fear by Respondent and/or his co-worker. Respondent failed to report his co-worker for child abuse. On or about November 16, 2000, Respondent was placed on home-bound temporary duty. On or about March 14, 2001, the Miami-Dade County School Board suspended Respondent without pay and initiated dismissal proceedings against him. STATUTORY VIOLATIONS COUNT I: 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 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(3e), 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)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal nghts. Brett T. Scanlon 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(6) 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 coribination 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, 27? day of say , 2001. harlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 04-004089PL