STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-1535 HARCOURT IRVIN CLARK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against HARCOURT IRVIN CLARK. 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 598124, covering the areas of Social Science, Sociology and Middle Grades, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at West Miami Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about October 10, 2013, Respondent was under the influence of drugs or alcohol while on duty. Respondent’s Principal and Assistant Principal observed him to have * glassy eyes, slurred speech and to be exhibiting intoxicated behavior. Respondent was required to submit to a reasonable suspicion drug and alcoho! test. 4. During the 2016-2017 school year, Respondent frequently used profanity in the classroom in English and Spanish, which was, on occasion, directed toward students. Respondent would say “fuck,” “shit,” “ass” and “damn”, or words to that effect. Respondent directed HARCOURT IRVIN CLARK Administrative Complaint Page 2 of 3 comments toward students, including but not limited to, “sit the fuck down,” “get your ass out of here,” and “you little fucks just don’t listen,” or words to that effect. Respondent would frequently use profanity in Spanish as well, The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)@), 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(2)(@)i, 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(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ° (SIGNATURE ON FOLLOWING PAGE) HARCOURT IRVIN CLARK. 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 GU~_ day of _ 7 My _, 2017. hd, thcer, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005825PL