LY-Y3bE PC STATE OF FLORIDA me eR —* EDUCATION PRACTICES COMMISSION t lene cote Te ree NEC 23 ATE CS JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2327-S LEON R. GAITHER, Respondent. Foye ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against LEON R. GAITHER. 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 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 717874, covering the areas of Biology and Middle Grades, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher with Florida Virtual Schools. MATERIAL ALLEGATIONS 3. During the 2002 through 2003 school year, Respondent engaged in inappropriate and unprofessional conduct by repeatedly accessing pornographic intemet web sites using his school issued computer. Effective February 24, 2003, Respondent resigned his position in lieu of termination. LEON R. GAITHER Administrative Complaint Page 2 of 2 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. COUNT2: 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. 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 o4¢™® day of Mage , 2004, J ORNE, as Commissioner of Education State of Florida

Docket for Case No: 04-004588PL