Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KENNETH PHILLIPS
Judges: JUNE C. MCKINNEY
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Oct. 06, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 29, 2018.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 156-1641
KENNETH PAUL PHILLIPS,
Respondent.
f
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against KENNETH PAUL PHILLIPS. 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 602539, covering the areas
of English, English for Speakers of Other Languages (ESOL) and Middle Grades, which is valid
through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as an English Teacher
at Jupiter Middle School in the Palm Beach County School District.
MATERIAL ALLEGATIONS
3. During school years 2010/2011 and 2011/2012, Respondent behaved improperly
with male, middle school students. Respondent’s behavior included but was not limited to
allowing and encouraging students to remove their shoes and socks and then massaging certain
male students’ bare feet. Additionally Respondent met with a small group of male students in
his classroom before school and engaged in conversations of a sexual nature including but not
limited to the students’ masturbation habits and masturbation in Respondent’s classroom.
KENNETH PAUL PHILLIPS
Administrative Complaint
Page 2 of 3
Respondent also allowed himself to be viewed, on a regular basis, by the aforementioned small
group of male students without his shirt on.
4. During the 2010/2011 and 2011/2012 school years, Respondent gave
inappropriate attention to N.M., a male, middle school student. Respondent met with N.M. alone
in Respondent’s classroom on a regular basis. Respondent purchased Junch and treats for N.M.
Respondent massaged N.M.’s bare feet while N.M.’s feet were in Respondent’s lap.
Additionally, Respondent came to N.M.’s place of employment while N.M. was working on
multiple occasions, making N.M. feel uncomfortable.
5. During the 2010/2011 and/or 201 1/2012 school years, Respondent allowed a male
student or students to massage Respondent’s neck and shoulders on multiple occasions.
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.
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-
10.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated
against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political
beliefs, marital status, handicapping condition, sexual orientation, or social and family
background and shall make reasonable effort to assure that each student is protected from
harassment or discrimination.
KENNETH PAUL PHILLIPS
Administrative Complaint
Page 3 of 3
COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with
a student for personal gain or advantage.
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 [8% day of August — , 2016.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-005521PL
Issue Date |
Proceedings |
Jan. 29, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 23, 2018 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Jan. 17, 2018 |
Notice of Transfer.
|
Nov. 30, 2017 |
Order Granting Withdrawal of Admissions.
|
Nov. 30, 2017 |
Amended Motion to Accept Response to Request for Admissions filed.
|
Nov. 28, 2017 |
Motion to Accept Response to Request for Admissions filed.
|
Nov. 28, 2017 |
Respondent's Response to Petitioner's Request for Admissions filed.
|
Nov. 17, 2017 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 6, 2018; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Nov. 17, 2017 |
Notice of Transfer.
|
Nov. 16, 2017 |
Joint Motion to Continue Hearing filed.
|
Oct. 23, 2017 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Oct. 23, 2017 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 23, 2017 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Oct. 19, 2017 |
Order of Pre-hearing Instructions.
|
Oct. 19, 2017 |
Notice of Hearing by Video Teleconference (hearing set for December 1, 2017; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
|
Oct. 09, 2017 |
Initial Order.
|
Oct. 06, 2017 |
Administrative Complaint filed.
|
Oct. 06, 2017 |
Election of Rights filed.
|
Oct. 06, 2017 |
Agency referral filed.
|