STATE OF FLORIDA “£89 EDUCATION PRACTICES COMMISSION” 1) JEANINE BLOMBERG, as () {. KOI P C Commissioner of Education, Petitioner, vs. CASE NO. 034-2594-D MARK C. FRONCZAK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Biomberg, as Commissioner of Education, files this Administrative Complaint against MARK C. FRONCZAK. 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 Proféssional 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 593311, covering the area of Music, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher in the Pinellas County School District. MATERIAL ALLEGATIONS 3. During January 2002, Respondent’s principal directed Respondent not to touch students for any reason. 4, During the 2003 - 2004 school year, Respondent engaged in inappropriate and unprofessional physical conduct with at least three female, first or second grade students. a) Respondent had C.L., StH. and SaH. sit on his lap and held them each there on more than one occasion. MARK C. FRONCZAK Administrative Complaint Page 2 of 3 b) Respondent digitally penetrated C.L.’s vagina and touched her private area on more than one occasion. c) Respondent stroked St.H.’s and Sa.H.’s hair and rubbed their backs, necks, and/or stomachs on more than one occasion. 5. Administrative Law Judge Carolyn S. Holifield issued a Recommended Order on September 13, 2006, in which she recommended the school board dismiss Respondent from his position. On or about October 24, 2006, the school board issued a Final Order in which it terminated Respondent from his position. 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), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: The Respondentis in violation of Section 1012.795(1)(4), Flotida 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. COUNTS: 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 6: 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. MARK C. FRONCZAK Administrative Complaint Page 3 of 3 COUNT 7: The allegations 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 8: The allegations of misconduct set 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 Admizistrative 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 comibination 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. AA EXECUTED on this \O"™ day of August , 2007. g le BLOMBERG, as Fa Commissioner of Education State of Florida

Docket for Case No: 09-002802PL