STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ()4-[(0d P&— JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO, 045-2525-T SHEA DEVON GIPSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against SHEA DEVON GIPSON. 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 814271, covering the areas of Athletic Coaching and Mathematics, which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed asa Mathematics Teacher at Haines City High School in the Polk County School District. MATERIAL ALLEGATIONS 3. During January and February of 2003, Respondent provided alcohol to students in his home. 4. During the 2003-2004 school year, Respondent engaged in an inappropriate relationship with RG, a 16 year old, female, student. Respondent took RG to dinner, had RG in his home alone, and sent RG flowers on Valentine’s Day after being told by his principal to avoid all contact with RG. SHEA DEVON GIPSON Administrative Complaint Page 2 of 3 5. On or about October 15, 2004 Respondent, who was head coach of the baseball team, served four team members alcoholic beverages in his home. On or about February 15, 2005, Respondent was charged by information with Contributing to the Delinquency of a Minor. On or about August 24, 2005, Respondent pled not guilty to the charge and was convicted by a jury. Respondent was ordered to have no contact with the victims. 6. On or about February 4, 2005, Respondent uscd tobacco products (chewing tobacco) around students, during a bascball practice. 7. On or about April 14, 2005, Respondent resigned his position in lieu of termination. 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)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: 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 eflectiveness as an employee of the school board. COUNT 4: — The Respondent is in violation of Section 1012.795(1L)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNTS: The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 6: = The allegations of misconduct set forth hercin are in violation of Rulc 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. SHEA DEVON GIPSON Administrative Complaint Page 3 of 3 COUNT 7: 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 8: The allcgations 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 9: The allegations of misconduct sct forth herein are in violation of Rule 6B- 1,006(4){c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WHEREFORE, 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 educator’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 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 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 from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 2-2— day of NOVENLY, 2006. ot Gelten Commissioner of Education State of Florida

Docket for Case No: 09-001103PL