STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, CUI AAS VS. CASE NO. 001-1185-M Petitioner, JAMES M. WARNER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against JAMES M. WARNER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 101 2.796, 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 101 2.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 722498, covering the areas of Biology and General Science, which was valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Lake Shore Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 1998-1999 school year, Respondent engaged in inappropriate conduct with C.A., a male student. The conduct included the following. On or about January 29, 1999, Respondent drove C.A. from Belle Glade to Respondent’s home in West Palm Beach, where C.A. spent the night without his mother’s knowledge or consent. On or about February 17, 1999, Respondent was discovered behind closed doors in the back of his classroom hu gging C.A. On or about September 29, 1999, the school district issued Respondent a letter of reprimand for this conduct. JAMES M. WARNER Administrative Complaint Page 2 of 3 4, On or about July 8, 2000, Respondent was in unlawful possession of cocaine. While at aclub in Hollywood, Florida, Respondent agreed to sell an undercover officer a $20.00 baggie of cocaine. Respondent had on his person or in his vehicle a total of 19 baggies of cocaine at the time. Respondent was arrested and charged with Possession of Cocaine with Intent to Deliver/Sell. On or about February 1, 2001, Respondent pled guilty to the charge. The court withheld adjudication of guilt, sentenced Respondent to 90 days in jail (credit with one day served), placed him on probation for 3 years, and ordered him to submit to random urinalysis and pay fines and costs. Effective October 31, 2000, Respondent resigned his position with the schoo] district. 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)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: 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. COUNT 4: TheRespondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: 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 6: 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. JAMES M. WARNER 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 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. TE sayor