STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-0568 PETER JASON EPSTEIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against PETER JASON EPSTEIN. 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, Flovida 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 754324, covering the areas of Journalism and Varying Exceptionalities, which is valid through June 30, 2014.. 2. At all times pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Charles W. Flanagan High School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about the dates comprising October 10-14, 2008, Respondent took eight (underage) female students on a field trip to a student government conference in New Orleans, Louisiana, without a female chaperone. 4. While in New Orleans, Respondent took the students to Bourbon Street (at night) and allowed them to frequent establishments where alcoholic beverages were served. M.S., one of the female students under Respondent’s care, purchased alcoholic beverages utilizing a fake ID. M.S. Filed September 28, 2011 2:45 PM Division of Administrative Hearings PETER JASON EPSTEIN Administrative Complaint Page 2 of 3 allowed other students to share her drink. 5. On or about August 7, 2009, in Miami-Dade County, Florida, Respondent was driving while intoxicated or otherwise impaired causing him to exceed the posted speed limit and to drive in an erratic manner. When local law enforcement stopped Respondent’s vehicle and ascertained Respondent’s physical condition, a field sobriety test was instituted. Respondent failed the field sobriety exercise battery. Respondent failed an “Intoxilizer” test (.126/.118 BAC). 6. During a search incident to arrest, Respondent was found to be in possession of marijuana and pills suspected to be a controlled substance. Respondent was arrested and charged with one count each of Possession of Marijuana, Possession of Methylenedioxymethamphetamine, and Driving Under The Influence (DUI). 7. On or about March 5, 2010, the court adjudicated Respondent guilty of the DUI charge. The remaining charges were dismissed. 8. Respondent’s actions were reported in the local press. 9. On Aprit 19, 2010, Respondent resigned his position with Broward County Schools effective June 8, 2010. 10. Pursuant to Section 1012.795(2), Florida Statutes, 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)(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)(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 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. PETER JASON EPSTEIN Administrative Complaint Page 3 of 3 COUNT 4: The Respondentis 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 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. 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 4 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% day of December , 2010. fbi DR. ERIC. SMITH, as Communissioner of Education State of Florida

Docket for Case No: 11-005029PL