a ¢ STATE OF FLORIDA PILED EDUCATION PRACTICES COMMISSION ams 2009 Ap a DR. ERIC J. SMITH, as () q. 7X PL 2 BA i ys a . HISION oF Comunissioner of Education, INSTRATIVE HEARINGS Petitioner, vs. CASE NO. 078-2099-H ALAN MICHAEL GILLILAND, Respondent. Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ALAN MICHAEL GILLILAND. 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 i. The Respondent holds Florida Educator’s Certificate 1629058, covering the area of English, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Dixie Hollins High School in the Pinellas County Schoo! District. MATERIAL ALLEGATIONS 3. By November 2007, Respondent was under investigation by the school district for directing profanity at two different students on two separate occasions, October 22 and 31. 4. On or about November 16, 2007, Respondent resigned from his position with the school board effective November 30, 2007. 5. On or about November 27, 2007, Respondent engaged in an argument with a female student, A.C. Respondent directed profanity at A.C. in the presence of other students and made ALAN MICHAEL GILLILAND Administrative Complaint Page 2 of 3 other inappropriate comments to her or in the presence of other students. These comments included, “Go suck dick, you fucking bitch” and/or “you fucking trick, go eat a dick” or words of similar import. 6. Effective November 27, 2007, the school district placed Respondent on paid administrative leave until the effective date of his resignation. The Petitioner charges: 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)(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)@), 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 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. (SIGNATURE ON FOLLOWING PAGE) ALAN MICHAEL GILLILAND 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 appropfiate 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; dirécting 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 of permanently. EXECUTED on this 24** day of “uy, ly , 2008. State of Florida

Docket for Case No: 09-001781PL