STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-3449 JAMES THOMAS DAVIS, Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JAMES THOMAS DAVIS. 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 569083, covering the areas of Computer Science and Mathematics, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Technology Education Teacher at A.C, Mosley High School in the Bay County School District. MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, Respondent was responsible for proctoring Industry Certification Exams for his students. Teachers could receive a bonus payment and schools could receive additional funding for each Industry Certification Exam passed by their students. 4, Prior to proctoring Certiport, Inc.’s Industry Certification Exams (Exams), Respondent agreed to adhere to Certiport, Inc.’s Test Candidate Exam Polices and Exam Administration Policies, including the policies which state: JAMES THOMAS DAVIS Administrative Complaint Page 2 of 3 a) Test Candidates must not communicate with other Test Candidates either in the testing Toom, or in any other area of the testing facility during authorized testing breaks; b) [Proctors should] ensure the testing area is a professional environment where Test Candidates may take the exam without interruptions; and c) If partitions are not available for the testing stations, [Proctors should] ensure that Test Candidates are seated far enough apart to minimize distractions and prevent cheating. 5. Despite agreeing to the policies stated in paragraph 4 herein, while proctoring Exams during the 2015-2016 school year, Respondent allowed and encouraged his students to assist each other with the Exam. 6. _ As a result of Respondent’s conduct alleged in paragraph 5, Respondent’s students’ scores on the Exams were invalidated and the school district prohibited Respondent from proctoring or administering high-stakes or standardized tests for a period of one year. 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 )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(2)(a)1, Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to leaming 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(2)(b)3, Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) JAMES THOMAS DAVIS 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 teprimand; 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_