STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO, 090-2863 ANTHONY A. SYMONS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ANTHONY A. SYMONS. 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 1026123, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2011, 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Laura C. Saunders Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, the Respondent engaged in inappropriate conduct towards students in his class. Specifically: (a) the Respondent grabbed students and lifted them up by their shirt or shirt collar; (b) the Respondent grabbed students and pushed them against a wall; Filed February 28, 2012 9:07 AM Division of Administrative Hearings ANTHONY A. SYMONS Administrative Complaint Page 2 of 3 (c) the Respondent used profanity, including the words “fuck,” "bitch," "damn," "bullshit" and "shit" in the presence of and directed towards students; (d) the Respondent held conversations on a cell phone during class and was heard by his students to argue and use profanity while on the phone; and (c) the Respondent shouted at and threw small objects at students when they did not properly complete assignments or comply with the Respondent's directives. 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)(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) ANTHONY A. SYMONS 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. s+ EXECUTED on this \ day of Men ch » 2011. Commissioner of Education State of Florida

Docket for Case No: 12-000786PL