OT Udi PL PU ps, @é STATE OF FLORIDA O7 or mi EDUCATION PRACTICES COMMISSION Ty] i} AN Ihr JEANINE BLOMBERG Aor eh i ERG, 2s IE. Vv) Commissioner of Education, ARN 1GS e Petitioner, vs. CASE NO. 045-2918-B TOHN ALLEN DOWLER, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against JOHIN ALLEN DOWLER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’s certificate pursuant to Scctions 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 Kducator’s Certificate 892913, covering the arca of Music, which is valid through June 30, 2010. 2. At all limes pertinent hereto, the Respondent was employed as a Music Teacher at G. Holmes Braddock Senior High School in the Miami-Dade County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school ycar the Respondent engaged in inappropriate and unprofessional conduct of a sexual nature with minor female students in that he: (a) sent female students text messages commenting on their appearance, his desire to be with them and encouraging them to "be bad" or "be naughty”: (b) touched two students on the buttocks; JOHN ALLEN DOWLER Administrative Complaint Page 2 of 3 (c) asked a student about her bra size and told her he wanted to dress her up in a thong, corset, stockings and heels; (d) told a student he wanted to take her to the beach, sit in a hot tub with her and buy ber a bikini to wear; (e) kissed, or attempted to kiss, two students; (f) took a student out to dinner; (g) asked another student about the size of her breasts and invited her tu go out with him many times; and (h) on several occasions entered the room uscd by female band members to change clothes at times when he knew the female students were inside changing their clothes, 4, On or about April 13, 2005, the school buard terminated Respondent [rom his position. UTE TIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has heen 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 effectivencss 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. 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. COUNT 5: The allegations of misconduct set forth hercin 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. JOHN ALLEN DOWLER Administrative Complaint Page 3 of 3 COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, scx, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort (o assure that each student is protected from harassment or discrimination. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule GB- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Righis forms attached to and made a part of this Administrative Complaint, Petilioncr respectfully recommends thal the Education Practices Commission impose an appropriate sanction against the Respondcat’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sunclions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing (ic Respondent an administrative fine; directing the Respondent to enroll in thc Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five ycars; revoking the Respondent’s cducator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an cducator’s certificate for a period of time up to 10 years or permanently. _ EXECUTED on this \e _ dayor uly 2007. t Gcapeice. Blonbeg ANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 07-004631PL