Py & Oe 1H d¥ PL ad 9 ri) STATE OF FLORIDA HAR 2p Al: EDUCATION PRACTICES COMMISSION 5) I: 5¢ ‘ fs GN ‘th ins rear JOHN L. WINN, as Commissioner of Education, Petitioner, vs, CASE NO. 034-2357-F JAMES AARON GRIFFIN, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JAMES AARON GRIFFIN. 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 840085, covering the areas of Business Education and Technology Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Rutherford High School in the Bay County School District. MATERIAL ALLEGATIONS 3. During February 2004 the Respondent engaged in inappropriate conduct with a minor male student who was a member of the Rutherford High School wrestling team coached by the Respondent. Although the student had recently been il! and missed two days of school, the Respondent directed the student to dress in sweat clothes covering plastic outerwear and to ride a stationary bicycle for three hours. The purpose of this activity was to cause the student to lose eleven pounds in order to be eligible to compete in his weight class at a wrestling meet the next weckend. JAMES AARON GRIFFIN Administrative Complaint Page 2 of 3 4, After three hours on the stationary bicycle the Respondent took the student to his home for additional exercise and attcmpted weight loss. The Respondent had the student again ride a stationary bicycle, sit in the Respondent's truck with the heater on and perform stomach crunches, do morc stationary cycling, again sit in the Respondent's truck with the heatcr on, perform jumping jacks, run in place and perform more stomach crunches. 5. The next day, the Respondent placed a stationary bicycle in the aisle of the school bus and instructed the student to ride it as the bus traveled from Panama City to Tallahassee for the wrestling competition. Despite all of these efforts the student weighed in at .8 pounds over his weight limit. 6. National Kcderation of State High School Association rules governing the wrestling meet and the Respondent's team expressly prohibits use of vinyl, rubber and plastic type suits for quick weight reduction purposes as well as use of sweat boxes or other artificial heating devices for quick weight loss. STATUTE VIOLATION 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 &cspondent 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. COUNT 3: — The Respondent is in violation of Section 1012.795(1}G), 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 hercin 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 herein are in violation of Rule 6B- 1.006(3)(c), Florida Administrative Code, in that Respondent bas intentionally exposed a student lo unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) JAMES AARON GRIFFIN Administrative Complaint Page 3 of 3 WIIEREFORE, based on the reasons set forth herein 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 cducator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the [ollowing: 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 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 te exceed five ycars; revoking the Respondent’s educator’s cerlificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 2% day ot_dpreh 2006. tbe flo as Commissioner of Education State of Florida

Docket for Case No: 08-001498PL