STATE OF FLORIDA “& EDUCATION PRACTICES COMMISSION 4/9 SEp _ Oy Ing JOHN L. WINN, as dine 3 (Oy OF 8 Commissioner of Education, HE; AR} the AT} Ve Petitioner, vs. CASE NO. 056-0530-R CHARLES H. KARD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against CHARLES H. KARD. The Petitioner secks 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 308545, covering the areas of Economics, Marketing, Teacher Coordinator of Cooperative Education and Teacher Coordinator of Work Experience Programs, which is valid through June 30, 2009. 2 Atall times pertinent hereto, the Respondent was employed as a Economics Teacher at Gibbs High School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. Respondent has a long history of being disciplined for inappropriate comments to students as evidenced by the following: A. On or about April 20, 1977, Respondent’s principal issued him a letter of reprimand for sexual comments to female students. B. On or about March 19, 1985, Respondent’s superintendent issued him a letter CHARLES H. KARD Administrative Complaint Page 2 of 3 of caution for inappropriate comments to female students. C. On or about October 6, 1986, Respondent’s superintendent recommended that Respondent be suspended for three days without pay for inappropriate remarks to students. D. On or about September 27, 1993, the district issued a letter of reprimand to Respondent for inappropriate personal questions and comments. On or about November 11, 1997, the district suspended Respondent for five days without pay for inappropriate remarks to female students. F, On or about March 21, 2002, Respondent’s assistant principal issued a letter of caution to him for inappropriate comments about exceptional education students. G. On or about April 13, 2004, Respondent’s assistant principal issued a letter of caution to hit for comments to two male students suggesting they jump off a bridge or go to Iraq and get blown up. 4, During the Spring 2005 school semester, Respondent repeatedly made disparaging remarks about students during class. Respondent stated that he was disgusted by a student who had three children and that the student should be “put to sleep.” Respondent repeatedly joked about a student who played the organ in his church on Sundays, suggesting the student goes to church and “plays with his organ(s).” Upon returning from a trip to Bike Week in Daytona, Respondent repeatedly commented on the girls in, “T-backs and chaps.” On or about June 8, 2005, Respondent resigned from his teaching position with the district in anticipation of a recommendation by the superintendent that he be terminated. 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. COUNT2: 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. COUNT3: The Respondentis in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. CHARLES H. KARD Administrative Complaint Page 3 of 3 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 io 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)(€), 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 shall make reasonable effort to assure that each student is protected from harassment or discrimination. 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_/ z day of Ppovereteer? , 2006. LArril thr JOIEN L. WINN, as Commissioner of Education Siate of Florida

Docket for Case No: 09-004768PL