STATE OF FLORIDA — EDUCATION PRACTICES COMMISSION PH 2: 38 FILED 105 APR 12 A IOUS JOHN L. WINN, as UIVISION Or Commissioner of Education, ADMINISTRATIVE KEARINGS Petitioner, VS. CASE NO. 034-0091-M ROBERT LEE PROSSER, Gaeaine Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ROBERT LEE PROSSER. 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 786625. covering the areas of Elementary Education and English to Speakers of Other Languages. which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Gator Run Elementary School, in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 3, 2003 through March 4, 2003, during the administration of the Florida Comprehensive Assessment Test ("FCAT"), the Respondent engaged in violation of test security. On March 3, 2003, prior to handing out the test, he reviewed correct answers to test questions. During the exam, he assisted students with test questions and provided them with answers. After the exam, he reviewed the test questions and answers and told students to "take notes that they would study for homework" that night, or words to that effect. He then told students they CASSIOn ROBERT LEE PROSSER 05 APR-7 PH 2 38 Administrative Complaint Page 2 of 3 should arrive early the following day so they could correct their answers, which they did. As aresult, the test scores had to be invalidated. During a meeting with school officials, the Respondent admitted to reviewing the questions and allowing students to change their answers. On or about March 7, 2003, he was reassigned to the district's Instructional Materials Office. On or about May 25, 2004, he resigned from his employment with the Broward County School 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. COUNT2: The Respondent is in violation of Section 1012.795(] )(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(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 4: _ The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNTS: The Respondentis in violation of Rule 6B.1006(5)(h), Fiorida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. ROBERT LEE PROSSER Administrative Complaint OSAPR-7 PH 2:38 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. EXECUTED on this 2/57" day of (© (fedocs 7, 2004. a Vaan (441497707 JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-001301PL