STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 189-1421 KEVIN DYER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against KEVIN DYER. 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 863963, covering the area of Exceptional Student Education (ESE), which was valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Robinswood Middle School in the Orange County School District. MATERIAL ALLEGATIONS 3. In or around July of 2018, Respondent was employed by the Kissimmee Parks and Recreation Department as a bus driver for summer camps for children. Respondent was warned not to take pictures of the children. Even after being warned, Respondent continued to take pictures of the children at the pool in swim suits without the permission of parents. Respondent was terminated from his bus driving job for this conduct. 4. During the 2018-2019 and 2019-2020 school years, Respondent engaged in inappropriate conduct with female students who were not members of Respondent's class. Students Probable Cause Letter and Administrative Complaint.-2 KEVIN DYER Administrative Complaint Page 2 of 4 were lured to Respondent's classroom by candy and treats that he gave to students who asked for them. Respondent took multiple pictures of many of these students without the permission of the students’ parents or the administration of the school as required by district policy. Respondent included himself in some of the pictures with the female students. Respondent gave copies of the pictures to many female students, often inappropriate expressions printed on the pictures such as: "Mr. Dyer's New Legendary Haitian Princess"; "Happy Holidays to my Dimpilicious RWMS Daughter", "Ever my RMS daughter"; "Such a Beautiful Young Lady"; and "Beautiful Together Almost Like Daddy and Daughter," with the last phrase being printed on a picture of Respondent and a female student. 5. During the same time period, when students who were not Respondent's students and did not belong in his classroom but who stayed too long, Respondent wrote passes for the students to enter the classes they were scheduled for ending up late to class. 6. During the same time period, Respondent inappropriately took outings with female, middle school students, in small groups or more often with just one student at a time, in Respondent's personal vehicle and off school grounds. Respondent falsely led students and parents to believe that these outings were school field trips when he asked for consent to take the students. Typically, these trips included take-out food, pizza, movies, gifts and a visit to a park to take more pictures of the girls. Examples of Respondent's inappropriate outings with students include but may not be limited to: a. During the 2018 winter break, Respondent ‘ook ll and middle school | | students and |B HB in his car to the movies, to a park with birds and animals to take pictures, and shopping where Respondent bought D.V. headphones, b. Respondent told {i} a middle school tudent, and arents that he was taking MB for a day out with members of his church but instead he took one in Respondent's car to the movies and to a park to take pictures. c. Respondent took | a HB middle school student, alone in his private vehicle to Chick-fil-A, to the movies, shopping at Claire’s where Respondent bought items for, to a lake with a lighthouse to take pictures, and to eat pizza. 7. During the 2018/2019 school year, Respondent's district issued desktop computer and laptop were found to have inappropriate materials. Additionally, Respondent brought a personal jump drive onto school property that contained inappropriate photos including female students and other females in various stages of undress and in provocative poses. Child pornography and other inappropriate websites were found in the cache of Respondent's district owned laptop computer. Probable Cause Letter and Administrative Complaint.-3 KEVIN DYER Administrative Complaint Page 3 of 4 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(2)(a)1, 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(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)4, Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) Probable Cause Letter and Administrative Complaint.-4 KEVIN DYER 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 \qth day of January , 2021. RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-5

Docket for Case No: 21-001433PL