STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

GERi\RD ROBINSON, as

Commissioner of :Education,

Petitioner,

vs. CASE NO. 101-2798

JAMES ROBERT SHUMILAK,

Respondent. _/

ADMINISTRATIVE COMPLAINT

Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative

.

Compiaint against JAMES ROBERT SHUMILAK.· The Petiiioner 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 719463, covering the area of Emotionally Handicapped and Middle Grades Integrated Cuniculum, which .is valid through June 30, 2015.

   
   

2. At all times perti.rient hereto, the Respondent was employed as an Exceptional Student Education Teacher at John Hopkins Middle School in the Pinellas County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about February 28, 2011, in Pinellas County, Florida, Respondent was attempting to prevent foU1teen-year-old male student R.W. from entering his classroom. Respondent pushed the metal classroom door outward, smashing R.W.'s hand against a brick wall. R.W. sustained a broken thumb as a result of Respondent's actions.

Filed June 5, 2012 10:50 AM Division of Administrative Hearings

The Petitioner charges:

STATUTE VIOLATIONS

JAMES ROBERT SHUMILAK

Administrative Complaint

Page 2 of3

COlTNT 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: Tbe Respondent is in violation of Section 1012.795(1)0), 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 l.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 l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embanassmcnt or disparagement.

(SIGNATURE ONFOLLOWil'lG PAGE)

JAMES ROBERT SHUMILAK

Administrative Complaint

Page 3 of3

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 again t the Respondent's educator's certificate pursuant to the authority provided in Sections I 012.795(1) and I 012.796(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 fol!owing: 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 oftime not to exceed five years; revoking the Respondent's educator's certificate for a period oftime 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 IO years or permanently.

EXECUTED on this Z. day of No.,.LYl-b/V" , 2011

GERARD ROBINSON, as

Commissioner of Education State of Florida

Docket for Case No: 12-001990PL