STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-2451 MATTHEW ERIC YANKOVICH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against: MATTHEW ERIC YANKOVICH. 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 722647, covering the area of Physical Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Diplomat Middle School, or a Physical Education Teacher and Athletic Director at Ida S. Baker High School in the Lee County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school year, the Respondent taught Physical Education at Diplomat Middle Schoo! while K.R. was a thirteen year-old female student at the school. 4. Between September 1, 2004 and August 31, 2005, the Respondent engaged in inappropriate conduct towards K.R.. Specifically: (a) the Respondent engaged in sexual intercourse with K.R.; Filed September 13, 2011 9:07 AM Division of Administrative Hearings MATTHEW ERIC YANKOVICH Administrative Complaint Page 2 of 3 (b) the Respondent kissed K.R.; and (c) the Respondent fondled and engaged in oral sex with K.R.. 5. K.R. reported the Respondent’s conduct to law enforcement authorities in November of 2009. 6. On or about November 30, 2009, the Lee County School District suspended the Respondent from his position. The school district subsequently moved to terminate the Respondent based upon his conduct with K.R.. 7, On or about November 3, 2010, the Respondent resigned from his position with the Lee County School District. 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 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. 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 to 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 Xe), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. MATTHEW ERIC YANKOVICH 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 personal 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, rm EXECUTED on this 2. ~_ day of | one , 2011. Commissioner of Education State of Florida

Docket for Case No: 11-004573PL