STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commission r of Edu.cation,

Petitioner,

vs. -CASE NO.101-2033

RYAN n. REIDY,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against RYAN D. REIDY. The Petitioner seeks the appropriate disciplinmy sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursu<U1t 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 920964, covering the area of Biology, which is valid through June 30, 2013.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Plantation Middle School in the Broward County School District.

   
   

   l'vlATERl"AL ALLEGATIONS

   
   

3. On or about June 18, 2010, in Palm Beach County, Florida, Respondent offered an undercover law enforcement officer cash in exchange for sexual intercourse. Respondent was arrested and charged with one count of Solicitation of Prostitution. On or about July 26, 2010, Respondent entered into a Pre-Trial Intervention agreement. On or about September 27, 2010, Respondent completed a deferred prosecution program and the charge of Solicitation of Prostitution was nolle pressed.

   
   

   Filed July 13, 2011 10:16 AM Division of Administrative Hearings

   
   

4. Respondent failed to report to the Broward County School District the disposition of the Solicitation of Prostitution charge.

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.

COUNT 2: 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.

RULE VIOLATIONS

COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- l.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings.

COUNT 4: The Respondent is in violation of Rule 6B-1.006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report ,vithin forty-eight (48) homs to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, adwinisLrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the

(SIGNATlJRE ON FOLLOWING PAGE)

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 l O12. 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 emoll 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 petmanently; 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 l \+t day of ,(L_'\t\-=o..=u--_ _,, 2011.

_J

DR.ERI

Commissioner of Education State of Florida

Docket for Case No: 11-003391PL