STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. . CASE NO. 123-1052 DAVID MICHAEL DEAN, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of. Education, files this Administrative Complaint against DAVID MICHAEL DEAN, 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 ths Education Profession in Florida, gaid sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: RISDICTION 1. The Respondent holds Florida Educator’s Certificate 879521, covering the areas of _ Elementary Education, English, General Science, Social. Science and Exceptional Student Education, which is valid through June 30, 2017. 2, At all times pertinent hereto, the Respondent was employed as a Technology Education Teacher at Hidden Oaks Middle School in the Martin County School District. MATERIAL ALLEGATIONS 3. During the 2010-2011 school year, Respondent massaged the necks of several 6° grade female students, including H.W., S.B., E.W. and D.T. 4, “During the 2010-2011 school year, Respondent invited several 6" grade female students, including H.W., E.W. and D.T., to sit on Respondent’s lap. 5. During the 2011-2012 school year, Respondent twice told 7" grade female student DAVID MICHAEL DEAN Administrative Complaint Page 2 of 3 MLW, that she “looked hot,” or words to that effect. 6. ‘During the 2012-2013 school year, Respondent hugged 8" grade female student M.W. and made an inappropriate comment regarding her virginity. The comment made MLW. feel uncomfortable. 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. COUNT2: 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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(a), Florida Administrative Code, in that Respondent nas failed to make reasonable effort to protect the student from, conditions harmful te leaming and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(¢), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement, COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081G)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) DAVID MICHAEL DEAN 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 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 7 _ day ot Novenebac 2013 PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-005634PL