STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Petitioner, vs. CASE NO. 101-0130 GREG MADSEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against GREG MADSEN. 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 Adininistrative 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 969301, covering the areas of Educational Leadership, Elementary Education, English, English for Speakers of Other Languages (ESOL), and Middle Grades Integrated Curriculum, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Dean at Lakeland High School in the Polk County School District. MATERIAL ALLEGATIONS 3. During March and April 2010, Respondent engaged in inappropriate conduct with at least seven (7) male students and former students between the ages of fifteen and nineteen years of age. 4, The inappropriate conduct centered on a series of on-line instant message chats that were of a sexual nature. Messages included, but were not limited to: “Did you suck his dick... Would u jerk another guy off...Love u too buddy,” or words to that effect. Filed May 3, 2011 11:09 AM Division of Administrative Hearings GREG MADSEN Administrative Complaint Page 2 of 3 5, During these instant message chats, Respondent was made aware of the possibility that another student may be in possession of a gun and may be involved in robberies. Respondent failed to report this information to the appropriate authorities. 6. On or about July 9, 2010, Respondent entered into a Deferred Prosecution Agreement with the Office of the State Attorney whereby he agreed to a number of stipulations including surrender of his Florida Educator Certificate and not to seek employment or volunteer in any capacity to a position of trust involving children whether it be a school, church, club, or any other institution. 7. On or about July 12, 2010, Respondent resigned from his position with the Polk County School District. 8. The investigation into Respondent’s actions, agreement with the State Attorney and subsequent resignation was reported in the local media. The Petitioner charges: TATUTE VIOLATION: COUNT I: _ 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. COUNT3: 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)(k), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching céttificate. 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. GREG MADSEN Administrative Complaint Page 3 of 3 COUNT 6: 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 personai 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 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 \3 th aayor Decembaar , 2010. ITH, as ° f Education DR. ERIC J. Commissione) State of Florida AFFIDAVIT July 15, 2010 Marian W. Lambeth, Chief Professional Practices Services Florida Department of Education 325 West Gaines Street Tallahassee, FL 32399-0400 I, GREG ADAM MADSEN (016-64-4554) hereby voluntarily surrender my Florida Education Certificate(s) under the existing rules of the Florida Department of Education. SWORN to or affirmed and signed before me by Greg A. Madsen, who is personally known to me or who has produced Dewers Licenge as identification this \& day of July, 2010. otary Public [seal] [print name of Notary] S\ SULIE ISABELLE Commonwealth of Ae Oe ccnp Fob, 17, 2017

Docket for Case No: 11-002230PL