STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-1877 JOSEPH FRANCIS KINNAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOSEPH FRANCIS KINNAN, 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 252418, covering the areas of Educational Leadership and Physical Education, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as an Athletic Director at Manatee High School in the Manatee County School District. MATERIAL ALLEGATIONS a 3. During the 2012/2013 school year, Respondent, in his capacity as Athletic Director for his school, requested and received certification information for individuals coaching at his school. Respondent requested and received information that the varsity baseball coach, Dwayne Strong, was not certified as an educator or as an athletic coach. Respondent was also aware that during 2012/2013, Coach Strong no longer held a teaching position at the school. Respondent allowed Coach Strong to continue in his capacity as a paid baseball coach despite his knowledge that Coach Strong was not qualified to do so and in violation, of Florida statutes. JOSEPH FRANCIS KINNAN Administrative Complaint Page 2 of 3 4, In or around February of 2014, Respondent provided information to a newspaper columnist, regarding an FHSAA investigation of Respondent’s school, that Respondent knew to be untrue. Respondent made the following untrue statements: A. “T said, ‘We have a potential problem.’ Kinnan said.” ‘We need to alert the district and FHSAA about potential violations,” (in reference to Respondent’ s communications with his principal) B, ‘said he was a part-time athletic director’. (In reference to his 2012/2013 employment with his school) 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)(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 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(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. 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. (SIGNATURE ON FOLLOWING PAGE) JOSEPH FRANCIS KINNAN 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 inipose 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__ (4% day of _ A ugus bo, 2015. Lh, thwerl PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-000944PL