STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-2950 BRYAN P. LOCKLEY, Respondent. / ADMINISTRATIVE COMPLAINT BRASS YE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BRYAN P. LOCKLEY. 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 1182425, covering the area of Physical Education, which is valid through June 30, 2015. 2, At all times pertinent hereto, the Respondent was employed as a Credit Recovery Teacher at Liberty High School in the Osceola County School District, MATERIAL ALLEGATIONS 3. During the 2012/2013 school year, Respondent sent inappropriate text messages to M.O. and F.M., two seventeen year old, female students. Respondent sent inappropriate pictures and sexually suggestive texts to F -M. Respondent offered aleohol to M.O. and sent her sexually suggestive text messages. 4. On or about April 12, 2013, Respondent was terminated from his teaching position with the District as a result of the above referenced conduct. BRYAN P, LOCKLEY Administrative Complaint Page 2 of 3 5. On or about May 20, 2013, Respondent was in receipt of notice of investigation from the Professional Practices Services bureau of the Florida Department of Education (Department). 6, On or about June 27, 2013, Respondent submitted an application to the Department for a Professional Florida Educators Certificate and failed to acknowledge the ongoing investigation when asked the question,“Do you have current investigative action penditig in this state or any other state against a professional license or certificate or against an application for a professional license or certificate” Respondents failure to acknowledge the current investigation, as required by Florida law, was in conflict with his statement on the application that all information provided was true, accurate and complete. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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 effectiveness as an employee of the school board, COUNT 2: 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 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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), 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- 0.081(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 0.081(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression, BRYAN P, LOCKLEY Administrative Complaint Page 3 of 3 COUNT 7: — 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, 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 Respondents 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 Respondents authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program: suspending the Respondents educators 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 2. day of Febevary , 2015, PAM STEWART, as Commissioner of Education State of Florida IN THE CIRCUIT COURT FOR OSCEOLA COUNTY, STATE OF FLORIDA STATE OF FLORIDA , CASE NUMBER: 49-2013-CF-001426 vs. ARREST DATE: 04/16/13 BRYAN PHILLIP LOCKLEY OFFICER: Joni §, Bishop Defendant. AGENCY/NUMBER: SSO, 131031470. / DATE; May 23, 2013 CHARGE(S); 1, SOLICITATION OF A MINOR VIA COMPUTER COMES NOW the State of Florida, by and through the undersigned Assistant State Attomey and states that: 1, From the investigation which has been made, it is the opinion of the writer that this case is not suitable for prosecution, 2, This action is taken to clear the records and to release subject's bond if any has been posted responsive to the above charge(s). If in custody, defendant should be released PROVIDED THERE ARE NO OTHER CHARGES OR HOLDS AGAINST HIM. Jeffrey L, Ashton, State Attomey Ninth Judicial Circuit of Florida in res me “ Florida Bar # 336180 2 2 Courthouse 8q on Suite 3500 “ & Kissimmee, FL 34741 “ (407)742-52395 (gira IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA CASE NO: 492013CF001426 ORDER TO EXPUNGE RECORDS UNDER FLA. RB. CRIM, P. 3.692 oy nz O34 Hite a