STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-3051 DONALD ELLORY DUNGEE, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DONALD ELLORY DUNGEE. 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 715836, covering the areas of Earth-Space Science and Physical Education, which was valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Watson B. Duncan Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2013/2014 school year, Respondent made inappropriate comments directed towards students. Respondent’s comments included but were not limited to, inappropriate jokes, talking about female students ‘getting naked for him,’ or words to that effect, and addressing J.O., a female student, as baby while puckering his lips. DONALD ELLORY DUNGEE Administrative Complaint Page 2 af 3 4, During the 2013/2014 and 2014/2015 school years, Respondent made inappropriate physical contact with students including but not limited to, massaging students’ shoulders, striking students, and holding onto J.0.’s hand and not releasing it when J.0. requested him to do so. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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 2: 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 3: 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, (SIGNATURE ON FOLLOWING PAGE) NN DONALD ELLORY DUNGEE — Administrative Complaint NA 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 thatthe 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 G™ dayot_ Novem be p_. 2015. Leb Hresh PAM STEWART. as Commissioner of Education State of Florida

Docket for Case No: 16-004591PL