STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-1372 MARK C. SHAR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against MARK C. SHAER. 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 i. The Respondent holds Florida Educator’s Certificate 758838, covering the areas of Mathematics and Business Education, which is valid through June 30, 2013. 2, At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Caloosa Middle School in the Lee County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, in Lee County, Florida, Respondent called male middle school student S.M. a “big fat black boy,” or words to that effect; called students “stupid”; and asked students how their parents could live with them, or words to that effect. 4, On or about October 8, 2010, in front ofa class of middle school students, Respondent made a gesture with his hand and mouth to simulate oral sex. On or about October 11, 2010, Respondent was placed on suspension with pay. On or about October 22, 2010, Respondent resigned from his employment with the School District of Lee County. MARK C. SHAER Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIGLATIONS COUNT i: 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 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 S: 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) MARK C, SHAER Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth berein 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. Sh EXECUTED on this 2.67 day of Meweely 2012. GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 14-003087PL