STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-1222 ANTHONY MICHAEL GISMONDE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ANTHONY MICHAEL GISMONDE. 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 sarictions specifically 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 1066767, covering the area of Business Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Business Education Teacher at Cecil Gray Middle School in the Lake County School District. MATERIAL ALLEGATIONS 3. During August 2013, the Respondent acted inappropriately while teaching a driver’s education course to two 15-year-old female students. The Respondent’s actions included but are not limited to the following: the Respondent fell asleep while student M.S. was driving, told student O.L. to “floor it” or words to that effect, played music while a student drove and had the student drive him to run personal errands, such as pick up a prescription and bring it to his house. The students waited alone, outside his home for approximately 30 minutes, while the Respondent was inside. ANTHONY MICHAEL GISMONDE Administrative Complaint Page 2 of 3 4, During August 2013, the Respondent furthered his inappropriate actions when he took the students on a dirt road filled with pot holes. The Respondent, while off the side of a dirt road, had the students turn off the vehicle while he did paperwork. The Petitioner charges: STATUTE VIOLATIONS COUNT Ll: 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}G), 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 ate in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) ANTHONY MICHAEL GISMONDE 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 [0™ day of April 2015. Le Lececrh PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-001193PL