STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as 04: 34, PL Commissioner of Education, Petitioner, VS. CASE NO. 078-2354 D.R. VENCIL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against D.R. VENCIL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 788783, covering the areas of Health and Driver Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Driver Education Teacher at Lee High School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about May 19, 2006, the Education Practices Commission (EPC) issued a Final Order accepting a Settlement Agreement between Respondent and the Department of Education in Professional Practices Services Case Number 034-1637-R (EPC Case Number 06- 0090-RT). The underlying allegations in the Administrative Complaint in that case concerned inappropriate comments to female students and colleagues. As part of the Settlement Agreement, Respondent was placed on 2 employment years of probation. The terms of Respondent’s probation included that he “shall violate no law and fully comply with all district school board regulations, school rules , and State Board of Education Rule 6B-1.006" and that he “shall satisfactorily perform D.R. VENCIL Administrative Complaint Page 2 of 3 his duties in a competent, professional manner.” 4, During Fall 2006, Respondent engaged in inappropriate and unprofessional conduct with femaie students. The conduct included: inappropriate comments of a sexual nature; staring at girls while they were bending over; and hugging at least one girl. Respondent’s comments and actions made the girls uncomfortable. 5. Effective January 5, 2007, Respondent resigned his position with the school board in lieu of termination. : 6. Respondent’s conduct during Fall 2006 violated the terms of his EPC probation in that he failed to comply with district school board regulations, schooi rules , and State Board of Education Rule 6B-1.006 and that he did not satisfactorily perform his duties in a competent, professional manner. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), 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. COUNT 4: The Respondent is in violation of Section 1012.795(1)@), Florida Statutes, in that Respondent has violated an order of the Education Practices Commission. RULE VIOLATIONS COUNT 5: 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. D.R. VENCIL Administrative Complaint Page 3 of 3 COUNT 6: 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 7: 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 shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNTS: The Respondent is in violation of Rule 6B.1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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; determining the Respondent to be ineligible for certification; 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 UPS day of Febeseny 2009. DR. E J. SMITH, as Commissioner of Education

Docket for Case No: 09-002341PL