Ww WW STATE OF FLORIDA PILED EDUCATION PRACTICES COMMISSION)!" OOMAY 24 AMIN: 18 Fd TOM GALLAGHER, as DIVISION GF Commissioner of Education, ADMINISTRATIVE HEARINGS Petitioner, vs. ; CASE NO. 989-0950-C THOMAS E. WITHERSPOON, QO 0 -A/ 5a Respondent. . ; / ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Thomas E. Witherspoon. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 168718, covering the area of Physical Education, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teasher at S.A. Hull Elementary School, in the Duval County School District. MATERIAL ALLEGATIONS 3. During the 1997-1998 school year, Respondent acted inappropriately toward female staff members when he, made suggestive comments to them, made inappropriate comments about their physical characteristics, shook hands in a way that suggested a romantic intent, and looked at female staff in a way to suggest that he saw them as sexually attractive. Respondent made the working environment for female staff uncomfortable until they would not want to be in the same room with him alone. hes )] Thomas E. Witherspoon Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.00'6(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this AT day of Ap , 2000. State of Florida

Docket for Case No: 00-002152