STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, vs. CASE NO. 112-1581 WILLIAM RAYMOND PAYNE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against WILLIAM RAYMOND PAYNE, 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 6A-10.081, 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 820996, covering the areas of School Principal and Social Science, which is valid through June 30, 2016. . 2. At all times pertinent hereto, the Respondent was employed as a Principal at Deane | Bozeman School in the Bay County School District. MATERIAL ALLEGATIONS 3. During the 2010-2011 and 2011-2012 school years the. Respondent engaged in inappropriate conduct with a female member of the administrative staff in that he had an ongoing affair with an assistant principal at his school. The affair involved sexual contact, including sexual intercourse, on school grounds. The affair disrupted and interfered with the proper and orderly functioning of the Deane Bozeman School. 4. During the 2010-2011 school year the Respondent made inappropriate comments of a sexual nature to one or more female staff members at the Deane Bozeman School. WILLIAM RAYMOND PAYNE Administrative Complaint Page 2 of 3 5. During the 2011-2012 school year the Respondent falsely stated that he was not Having an affair with an assistant principal at his school when he was questioned about it by members of the district administrative staff. 6. During the 2011-2012 school year the Respondent falsely stated that he was not having an affair with an assistant principal at his school when he was questioned about it by the Superintendent of Schools. 7. Asaresult of the misconduct alleged herein, the Bay County Schoo} District initiated an investigation and on or about November 10, 201 1, suspended the Respondent from his position. 8. On or about November 2, 2011, the Respondent entered into a severance agreement with the Bay County School District and the Respondent resigned his employment effective November 30, 2011. The Petitioner charges: STATUTE LATIONS 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 has 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 101 2.795(1)G), 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 6A- " 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(4)(d), Florida Administrative Code, in that Respondent has accepted gratuity, gift, or favor that might influence professional judgement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all WILLIAM RAYMOND PAYNE Administrative Complaint Page 3 of 3 professional dealings. - oe COUNT 7: The allegations of misconduct set:forth herein are in violation of Rule 6A- 10.081(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. 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. - EXECUTED on this Vite day of Apa { , 2013: DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-002358PL