STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-0566 JOHN GERARD FORAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOHN GERARD FORAN. 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 Ecucation Profession in Florida, said sanctions specificai'y set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION L. The Respondent holds Florida Educator’s Certificate 748504, covering the area of Social Science, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at Palm Beach Lakes High School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. On or about April 14, 2012, in Palm Beach County, Florida, Respondent approached an elderly neighbor and became engaged ina verbal and physical altercation with him. Respondent yelled at, spit on, and used his hand to strike the neighbor on the back of the neck, causing the neighbor to fall to the ground. Respondent was arrested and charged with Battery on Person 65 Years of Age or Older. On or about May 31, 2012, an Assistant State Attorney issued a No File regarding the charge. JOHN GERARD FORAN Administrative Complaint Page 2 of 3 4, On or about August 19, 2012, in Palm Beach County, Florida, Respondent operated a motor vehicle while under the influence of aleohol and became involved in a traffic accident. Respondent was arrested and charged with Driving Under the Influence Causing or Contributing to Injury. 5. On or about February 24, 2013, Respondent pled guilty to, and was adjudicated guilty of, Driving Under the Influence Causing or Contributing to Injury. 6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for revocation or other sanctions. 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)(£), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. (SIGNATURE ON FOLLOWING PAGE) JOHN GERARD FORAN 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 Bducation 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 ra day of November. 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-003464PL