STATE OF FLORIDA. EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO, 101-1022 PAUL SWEENEY, Respondent, i Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against PAUL SWEENEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educatot’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 Floxida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION i. The Respondent holds Florida Edueator’s Certificate 778808, covering the areas of Elementary Education and Physical Education, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a World History Teacher at Arthur Ashe Middle School in the Broward County School District. MATERTAL ALLEGATIONS 3. During the 2009-2010 school year, the Respondent sanctioned and encouraged the practice of having students strike other students who were misbehaving. 4. On or about April 26, 2010, sixth grade male student S.T. was sent to the Respondent’s classroom by another teacher as a “time out” for misbehavior. When S.T. continued to misbehave, the Respondent told S.T. to “pick out five students” who would hit S.T. on the neck. When S.T. protested, the Respondent had students in bis class punch, slap and kick S.T. while the lights were out. The Respondent and his students referred to this as giving someone a “family PAUL SWEENEY Administrative Complaint Page 2 of 3 pack.” 5. Barlier in the 2009-2010 school year, the Respondent-had his students administer a “family pack” to A.S., asixth grade male student, by having students punch and slap A.S. at the end of the class period while the classroom lights were off. 6. The Respondent did not report incidents of students striking other students to the administration. 7. The Respondent told his students not to disclose the incidents to anyone and to deny the incidents if asked. about them. 8. On or about November 23, 2010, the Broward County School District accepted the Respondent’ s resignation and notified the Respondent that he was no longer eligible for employment with the district. The Petitioner charges: STATUTE LATE 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)(g), Florida Statutes, in that Respondent bas been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)()), 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent bas 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 5: 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. PAUL SWEENEY Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all _ professional dealings. ; 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 Cornmission 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 noi limited to, any one ora 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 _\ T¥S aay ot Mary 2012. GERARD ROBINSON, Commissioner of Education State of Florida

Docket for Case No: 13-000137PL