STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Comunissioner of Education, Petitioner, vs. CASE NO. 090-2975 MAXWELL L. REEVES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MAXWELL L. REEVES. 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 1012876, covering the area of Social Science, which was valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a History Teacher at Tenial Uio! eo in the on Coun istri lonial High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, the Respondent made inappropriate comments in the presence of and directed at students. Specifically, the Respondent: (a) made statements about the ethnicity of students at Colonial High School, including but not limited to commenting that female student T.W.’s lastname did not match her race; stating that Black and Hispanics disliked each other; and that while the school’s sports teams were not good, they should be good at soccer because many of the students are Hispanic; Filed November 2, 2011 10:11 AM Division of Administrative Hearings MAXWELL L. REEVES Administrative Complaint Page 2 of 3 (b) commented that shirts worn by female students were not appropriate because he could “see their boobs” or words to that effect; and (c) referred to students as “retarded,” “stupid,” and “idiots” and commented that because his salary was tied to student performance, he would not be paid well. 4. On or about April 30, 2010, the Respondent was issued a written reprimand for making inappropriate and disparaging comments to students. 5. Orange County Public Schools did not reappoint the Respondent for the next school year, The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)(j), 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- 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 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. (SIGNATURE ON FOLLOWING PAGE) MAXWELL L. REEVES Administrative Complaint Page 3 of 3 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. 7 ont Weel EXECUTED on this 2 day of Une , 2011. Commissioner of Education State of Florida

Docket for Case No: 11-005632PL