Pry . . 4 ON, : My : STATE OF FLORIDA iS L 4 EDUCATION PRACTICES COMMISSION Ap Ai a4 Oe Mga Ve JOHN L. WINN, as 71-Yosy PL Commissioner of Education, ’ Petitioner, vs. : CASE NO. 045-2546-V JAMES CONWAY MARTIN, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Consplaint against JAMES CONWAY MARTIN. The Petitioner secks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant Lo Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Proltssional Conduct for the Education Profession in Florida, said sanctions specilically 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 812105, covering the arca of Music, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Band Direetor at Plantation High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2002-2003 school years the Respondent engaged in inappropriate and unprofessional conduct with minor students in that he: {a) permitted students to visit him in his home wherc he permitted them to.consume alcohol and use contraband drugs; (b) introduced a student to a thirty-seven year old female and encouraged the student to have a relationship with her; JAMES CONWAY MARTIN Administrative Complaint Page 2 of 3 (c) allowed a student to consume alcohol while on a schoo! sponsored field trip to Busch Gardens supervised by the Respondent; (d) allowed a private hand to perform for students which was not authorized or registered to perform at school functions; (e) allowed a student to become a "band volunteer" for Respondent's private band, and to perform with the band at nightclubs without parental authorization; and (f) threatened he would "bring down" a student's father if he made any trouble for the Respondent. 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)(4), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employcc of the school board. COUNT3; TheRespondentis 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 arc in vivlation 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 karmful to learning and/or to the student’s mental health and/or physical health and/or safety, COUNT 5: — 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 7: The alicgations 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 JAMES CONWAY MARTIN Administrative Complaint Page 3 of 3 persona! gain or advantage. COUNTS: The Respondentis in violation of Rule 6B. 1006(5)(0), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. WHEREFORE, based on the reasons set forth berein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant to the authority provided in Sections 1012,795(1) and 1012.796(7), Florida Statutes. Thc sanctions imposed by the Education Practices Commission may include, but are not limited to, any one ora combination of the following: issuing the Respondent a wrilten reprimand; placing the Respondent on probation for any period of time; restricting the Respondent's authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator's certificate for a period of time not to exceed five years; revoking the Respondent's educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent trom reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this i 54h day of fy , 2006. millet Commissioner of Education State of Florida

Docket for Case No: 07-004084PL