STATE OF FLORIDA ihe, EDUCATION PRACTICES COMMISSION §—_ 464/%.,“V Bey xt . Ara 49 DR. ERIC J. SMITH, as OL Commissioner of Education, O- 6 q | lo p L Petitioner, vs. CASE NO. 090-0945 PAUL KUSHCH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against PAUL KUSHCH. 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 811710, covering the area of Biology, which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Coconut Creek High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year, Respondent engaged in inappropriate conduct toward fellow colleagues and students. 4. Respondent created a hostile work environment in that he was confrontational toward a staff member concerning the admittance of a student to Respondent’s class and, on another occasion, aggressively confronting the sponsor of the school talent show about Respondent not being part of the show. PAUL KUSHCH Administrative Complaint Page 2 of 4 5. Respondent engaged in episodes of loud and unprofessional behavior with members of the school administration. 6. Respondent used inappropriate language and made inappropriate remarks to students including, but not limited to: (a) “Get your asses inside.” (b) “Your asses are mine.” (c) “This is bullshit.” 99 ee, (d) “Fuck you,” “ asshole,” “ ass,” “ shit,” “nigger,” “sucking on titties.” (c) “All these fucking teachers are trying to get me fired.” (f) Calling students “mother fuckers,” “bitches,” “punks,” and “gits.” (g) Asked a male student what he would do ifhe saw his daughter being raped. (h) Stated that he needs, “a whole bunch of soldiers in case they come with machine guns.” 7. Respondent asked students to lie or misrepresent what had happened in the classroom and/or statements he had made, offering them grades or extra credit in exchange for the misrepresentations. 8, Respondent engaged in physical aitercations with students. 9. Respondent engaged in detailed discussions with students about his personal life including his wife, children, divorce and bankruptcy. 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. COUNT2:; The Respondent is in violation of Section 1012.795(1)Q), Florida Statutes, in prescribed by State Board of Education rules. PAUL KUSHCH Administrative Complaint Page 3 of 4 RULE VIOLATIONS COUNT 3: 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 leaning and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: 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 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(4), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) PAUL KUSHCH Administrative Complaint Page 4 of 4 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 ZO" day of Soest 2010. DR. E J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-002272PL