Fey STATE OF FLORIDA i & Ep EDUCATION PRACTICES commission a9 Mp 5 27 DR. ERIC J. SMITH, as Aqsa Pe “often, AO, Commissioner of Education, ?, Petitioner, vs. CASE NO. 045-0744-D TODD CHRISTOPHER SETTER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against TODD CHRISTOPHER SETTER. 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 Professionai 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 716042, covering the areas of Educational Leadership, Emotionally Handicapped, Mathematics, General Science, Psychology and Gifted, which is valid through June 30, 2010. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. Respondent has a history of inappropriate touching and communication with male students. On or about January 22, 2001, the district issued Respondent a letter of reprimand with regard to an inappropriate sexual conversation with a male student. The district further directed Respondent to avoid any appearance of impropriety with regard to students. On or about July 30, 2002, the Commissioner of Education found probable cause to sanction Respondent’s Educator’s Certificate as a result of the incident. On or about September 19, 2003, the Education Practices TODD CHRISTOPHER SETTER Administrative Complaint Page 2 of 3 Commission issued Respondent a letter of reprimand. 4. During the 2003/2004 school year, Respondent inappropriately touched F.L., a thirteen-year-old, male student, by hugging him on a regular basis, pinching his cheeks and rubbing his neck. Additionally, while on a class field trip, Respondent placed his forehead directly on F.L.’s forehead, rubbed F.L.’s back and linked little fingers with F.L. during a park ride. On or about September 7, 2004, the district suspended Respondent for two days and issued him a letter of reprimand in response to the conduct. 5. During the 2005/2006 school year, Respondent inappropriately touched P.C., a thirteen-year-old, male student, by hugging him on a regular basis, pinching his cheeks and tickling him. On or about January 25, 2006, Respondent hugged P.C. from behind and stated, “I would love to adopt you,” or words to that effect. Respondent then held P.C.’s arms out by his side and told him, “You just need a good tickle,” or words to that effect. On or about May 17, 2006, the district issued Respondent a letter of reprimand in response to the conduct. The Petitioner charges: STATUTE VIOLATIONS COUNT i: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guiity of gross immorality or an act involving moral turpitude. COUNT2: The Respondent is in violation of Section 1012.795(1)(), 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(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shal! make reasonable effort to assure that each student is protected from harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) TODD CHRISTOPHER SETTER Administrative Complaint Page 3 of 3 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 VLa*S day of TVersenorsy _, 2008. Commissioner of Education State of Florida

Docket for Case No: 09-001594PL