STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, YS. CASE NO. 156-0210 MICHELSON ARISTHYL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Adrinistrative Complaint against MICHELSON ARISTHYL. 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 lL. The Respondent holds Florida Educator’s Certificate 1194771, covering the area of Mathematics, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at North Nicholas High School in the Lee County School District. MATERIAL ALLEGATIONS 3. On or about June 5, 2015 through on or about June 16, 2015, Respondent inappropriately communicated with G.M. a seventeen-year old, female student, via an electronic medium, regarding matters unrelated to school events off of school grounds and after school hours. These messages include, but are not limited to, the following: Respondent: Please don’t remind me [sic] your age anymore. MICHELSON ARISTHYL Administrative Complaint Page 2 of 4 G.M.: Sorry for making you feel uncomfortable, Respondent: It’s ok. Respondent: Can you talk{?] Respondent: So let me know if you gonna [sic] hang out with your friend or not. Respondent: I should be in Ft[.] Myers by 9ish. Respondent: What are you up to. G.M.: I am watching [television]. Respondent: OK so you didn’t go out. Respondent: Did you make it back home already[?] G.M.: Back. G.M.: There was nothing implied in that. I said it as | would with anyone. The fact that my mother is the same age as yours. Respondent: Sorry[,] | took it differently. G.M.: Its okay. Just know that 1 am fully aware of the environment we are in. Respondent: | know that. You’re a mature woman. G.M.: Alright. G.M:: I am going to suggest something. Respondent: Ok. G.M.: Use an app called “Textnow” instead of you normal texting. ... So it doesn’t use your number. | think if you call other texinow numbers, its free. So you never have... Respondent: Can [yo]u talk [I] [am] driving home. G.M.: it’s late, sorry :(. MICHELSON ARISTHYL Administrative Complaint Page 3 of 4 Respondent: It’s OK that you don’t [want] [to] talk lo me. G.M.: I am texting you, bul I can’t call. G.M.: People are sleeping. Respondent: They ail hear you[?] G.M.: Considering someone is [ten] [feet]away from me. . . [yes]. G.M.: ] have decided not to see you out of school. Respondent: Ok. G.M.: Mhin, we live in two different worlds. |] have been down a similar road and it just led 10 a dead end with a major headache. G.M.: Its not even the whole teacher thing. It’s the fact [that] you have a wife and three children. You a family, and therefore... There’s no reason why | should [be} around. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 (SIGNATURE ON FOLLOWING PAGE) MICHELSON ARISTHYL Administrative Complaint Page 4 of 4 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 {A day of_ {ave , 2016. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-004211PL