STATE OF FLORIDA SIRO pug EDUCATION PRACTICES COMMISSIOR® was eu PH Ot 36 ZB vey JOHN L. WINN, as - oe? Commissioner of Education, Cee EB we ~, Petitioner, “ “ a v os —. vs, CASE NO. 034-0682-NF ‘ Ge SAMUEL T. DIXON-PAYNE, Respondent. OS -03v9PL ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against SAMUEL T. DIXON-PAYNE. 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 7130682, covering the area of Business Education, which is valid through June 30, 2007. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Roosevelt Full Service School, in the Palm Beach County School District. MATERIAL ALLEGATIONS 4 3. In 1993, the Respondent was investigated by Professional Practices Services for a 1982 charge of Driving Under the Influence, a 1982 charge of Possession of Stolen Properzy and a 1983 charge of Battery. On or about May 24,1994, the Commissioner of Education found no probable cause to deny his application for a Florida Educator's Certificate. During the 2002-2003 schoo] year, the Respondent engaged in inappropriate testing procedures by providing students with answers to a district-wide history exam and by allowing two SAMUEL T. DIXON-PAYNE Administrative Complaint Page 2 of 3 students to share answers on part of the exam. On or about August 27, 2003, the Respondent received a Written Notation of a Verbal Reprimand from the Palm Beach County School District ("PBCSD") for failing to maintain an appropriate testing environment which resulted in the invalidation of the examinations for two students under his contro]. He continues to be employed by the PBCSD, although at a middle school. 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. COUNT3: 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 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 health and/or safety. SAMUEL T. DIXON-PAYNE 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 vears, 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 S27 dayof November 2004. N De Rita. JOHN L. WINN, as 7 Commissioner of Education State of Florida

Docket for Case No: 05-000362PL