STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-1034 JEFFREY J. SMILEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JEFFREY J. SMILEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.3 15, 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 ne The:Respondent holds Florida Educator's Certificate: 1140259, covering the areas of English, Health, Physical Education and Driver Education, which is valid through June 30, 2015. 2. Atall times pertinent hereto, the Respondent was employed as a Drop Out Prevention Teacher at Okeechobee Achievement Academy in the Okeechobee County School District. MATERIAL ALLEGATIONS 3, On or about June 1, 2009, Respondent was notified by the Commonwealth of Pennsylvania Governor's Office of General Counsel that an allegation had been made against Respondent for engaging in professional misconduct, which included storing images of persons engaging in intimate behavior on Respondent’s school computer. 4, On or about June 4, 2009, Respondent resigned from his position with the General McLane School District. JEFFREY J. SMILEY Administrative Complaint Page 2 of 4 8. On or about July 9, 2009, Respondent was informed by the Commonwealth of Pennsylvania Governor's Office of General Counsel that there was probable cause that grounds for professional misconduct existed, and a full investigation would be conducted, 6. On or about March 18, 2010 Respondent submitted an Application for Florida E:ducator’s certificate to the Florida Department of Education. The application. included the following questions: “Do you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate?”; and “Do you have any current disciplinary action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate?” In his sworn responses to the questions, Respondent answered, “No.” 7. On or about August 11, 2010, Respondent submitted an application for employment with the School District of Okeechobee County, Florida. The application included the following questions: Bye eT eR aN “Have you ever had a professional certificate, credential, or license (of any kind) revoked or suspended, or have you been placed on probationary status for any alleged misconduct or alleged violation of professional standards or conduct? Are there any pending adverse actions against you?” [emphasis added] In his response to the questions, Respondent answered, “No.” 8. On or about July 14, 2011, Respondent surrendered his Pennsylvania teaching certificate in lieu of discipline. 9, On or about October 4, 2011, the Pennsylvania Professional Standards and Practices Commission issued a Memorandum and Order, acknowledging Respondent’s surrender of his professional educator certificate and declaring Respondent’s certificate Surrendered in Lieu of Discipline, JEFFREY J. SMILEY Administrative Complaint Page 3 of 4 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 101 2.795(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)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state. COUNT 3: 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, COUNT 4: — The Respondent is in violation of Section 1012.795(1 )(j), 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 5: 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 professional dealings. connection with professional activities. COUNT 7: The Respondent is in violation of Rule 6A-10.081(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in his own or another’s application for a professional position. (SIGNATURE ON FOLLOWING PAGE) JEFFREY J. SMILEY Administrative Complaint Page 4 of 4 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 |B day of Decemboe 2013. Ly, hems PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004054PL