_Commissioner of Education, Petitioner, . 90- 24/b ea oo, . FILED STATE OF FLORIDA EDUCATION PRACTICES COMMISSION) HAY 26 PH 2: 26 OIVISIOH OF TRATIVE TOM GALLAGHER, as VS. 7 CASE NO. 989-1454-M MICHAEL M. EXELBERT, Respondent. / EEE CN a nine ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Michael M. Exelbert. 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 282254, covering the areas of Elementary Education, Mentally Handicapped, Physically Impaired and School Principal, which is - - valid through June 30, 2003. ‘ Transportation Support Operations, in the Dade County School District. MATERIAL ALLEGATIONS During October 24, 1984, through October 23, 1998, Respondent was the Principal ducati onal Center within the Dade County School System. While in that position ted inappropriately by; ; coe "9." "at all times pertinent hereto, the Respondent was employed as a Coordinator IIT at WD wv) Michael M. Exelbert Administrative Complaint Page 2 of 3 - Sexually harassing female staff by making sexual jokes, making comments about the appearance of female staff, and making other comments containing sexual innuendo inappropriate for a professional relationship. - Engaging in sexual activity with a teacher, J.D., which involved sexual intercourse on the school grounds and elsewhere. J.D. was in fear of losing her job or receiving difficult assignments unless she participated in the sexual activity with Respondent. ; -Engaged in a pattern of abusive and coercive conduct with fellow employees that created a hostile work environment. Respondent also assigned female teachers to working environments that were unsafe and refused to make changes i in the assignments even when informed of the problems. “STATUTORY. VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: 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 3: “The allegations of misconduct set forth herein are in 1 violation of Section 231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct ‘for the Education Profession i in Florida prescribed by State Board of Education. RULE VIOLATIONS as COUNT 4: ‘The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to ‘distinguish between personal views and those of any educational institution or organization with which the individual i is affiliated. “COUNT 5: The ‘allegations of misconduct set forth herein are in » violation of Rule 6B- 1. 006(4)(6), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. ‘COUNT “6: The allegations of miscond set forth herein ar 1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to obtain special advantages. emgage pee emer ore

Docket for Case No: 00-002216