STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, | 0 _ 0 a aq p ( Petitioner, vs. CASE NO. 078-2184 JOHN ROBERT STELMACK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JOHN ROBERT STELMACK. The Petitioner seeks the appropriate disciplinary sanction of the Responderit’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 1026488, covering the area of School Principal, which is valid through June 30, 2011. 2. At ali times pertinent hereto, the Respondent was employed as a Principal at Scott Lake Elementary School in the Polk County School District. MATERIAL AL ATIONS 3. On or about December 21, 2007, the Respondent was arrested in Polk County, Florida, and charged with five counts of possession of an image or photograph of sexual performance by a child. On or about January 10, 2008, the Respondent was arrested and charged with twelve additional counts of possession of an image or photograph of sexual performance by a child. 4, On of about July 10, 2009, the Respondent was found guilty of five counts of possession of an image or photograph of sexual performance by a child. The remaining charges JOHN ROBERT STELMACK Administrative Complaint Page 2 of 3 were not prosecuted. The Respondent was sentenced to 60 months incarceration, court fees and restitution, followed by ten years of sex offender probation. 5. The Applicant has been convicted of possession of an image or photograph of sexual performance by a child which is a third degree felony prohibited under Section 827.071(5), Florida Statutes, and thus has been convicted of a crime which disqualifies him from holding a teaching certificate under Section 1012.315(mm), Florida Statutes. 6. The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1}(@), Fiorida 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)\{f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. COUNT 3: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes. (SIGNATURE ON FOLLOWING PAGE) JOHN ROBERT STELMACK 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; 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 \ATHS aay or Neovembar 200. AA DR. ERI! SMITH, as. Commissioner of Education State of Florida

Docket for Case No: 10-000339PL