STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Edacation, Petitioner, vs. CASE NO. 090-2846 DOUGLAS ALLEN HARRIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DOUGLAS ALLEN HARRIS. 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 571555, covering the area of Music, which is valid through June 30, 2011. beets reste’ rich 3. On or about March 21, 2009, in response to an administrative complaint which alleged that Respondent reported to work under the influence of alcohol in 2008, the Education Practices Commission (EPC) issued a final order in EPC Case Number 08-0669-RT accepting a settlement agreement with the following conditions: two year stayed suspension; submit to an evaluation as determined by the Recovery Network Program; undergo any counseling or treatment as may be prescribed; two employment years of probation, $500 administrative fine. 4, On or about March 29, 2010, in Brevard County, Florida, Respondent was involved in atraffic crash in which his vehicle struck another vehicle from behind. Respondent fled the scene of the crash, and a law enforcement officer traveled to Respondent’s home and served Respondent a notice to appear in court. On or about July 2, 2010, Respondent pied nolo contendere fo, and Filed October 27, 2011 9:01 AM Division of Administrative Hearings DOUGLAS ALLEN HARRIS Administrative Complaint Page 2 of 3 adjudication was withheld on the charge of Leaving the Scene of an Accident Involving Property Damage. : 5. On or about May 27, 2010, in Hillsborough County, Florida, a law enforcement ficer stopped Respondent for erratic driving. Upon contact the officer noticed that Respondent had oodshot eyes and a strong odor of alcohol on his breath. Respondent failed roadside sobriety xercises and blew .250 and .255 on breath alcohol tests. Respondent was arrested and charged with ne count of Driving Under the Influence with Breath-Alcohol Level of 0.15 or Higher. On or about eptember 13, 2010, Respondent pled nolo contendere to and was adjudicated guilty of Driving nder the Influence. ; ero Oo ans 6 Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for the revocation or other sanction ofa teaching certificate, : os: The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(4), 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. oo 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. (SIGNATURE ON FOLLOWING PAGE) DOUGLAS ALLEN HARRIS Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set ‘orth 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 Soa day of feb Tues, 2011. _ PR. ERIC J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-005487PL