STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. : . CASE NO. 990-0011-C CLAUDIA L. BENNETT, OO-BOYA : Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Claudia L. Bennett. 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 709630, covering the area of Physical Education, which is valid through June 30, 2000. 2. At all times pertinent hereto, the Respondent was employed as an AE teacher at Durant High School, in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During the 1998-1999 school year, Respondent acted in an inappropriate manner toward her students when she: Arranged for overnight accommodations of the team at a local hotel without approval of the school, allowing students access to alcoholic beverages while they were under her supervision, allowed her players to be away from their classes and then approved absences and late arrival to their classes by filling out false permission slips, and entered into an inappropriate relationship with a minor female student, E.O., which was of a romantic nature. 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. Claudia L. Bennett Administrative Complaint Page 2 of 2 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 her effectiveness as an employee of the school board. COUNT 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), 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 safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. _ 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. Ti . EXECUTED on this YW ‘= dav of Cpt . 2000, \o TOM GALLA as Commissioner of Education, State of Florida WY Nd Florida Department of Education FLO RIOD A Department of Education wew.lirn.eduslaoe MEMORANDUM Chis Tom Gallagher Commissioner TO: KATHLEEN RICHARDS, Executive Director Education Practices Commission FROM: CARL J. ZAHNER, II, Counsel Professional Practices Services DATE: July 17, 2000 RE: Claudia Bennett - formal Please find attached a letter from Mr. Yanger indicating he would like to proceed to formal hearing, since the Department is asking for permanent revocation. We had neglected to send you a copy of the letter, so you did not know. So please send this formal, as her attorney has expressed a desire that is go fora DOAH hearing. CIZ/css 8S: Hd 61 If 00 wy) WY PILED ay MICHAEL N. BROWN JAMES S. EGGERT “Adar mar West, 0 0 ESTABLISHED 1925 fava ser ALLEN DELL ~ “26 amis J. BERT GRANDOFF tt RICHARD A. HARRISON fj ‘ A PROFESSIONAL JOSEPH G. HEYCK, JR ———- ATTORNEYS AT LAW A Vj Bitep, Oe ASSOCIATION CRAIG A. JORGENSEN OMIN'S | ma A. CHRISTOPHER KASTEN, II HEA 2TR Aj iy FE TABATHA A. LIEBERT FA RINGS M. DAVID LINTON SUITE 1240, THE BARNETT PLAZA MARIAN P. McCULLOCH t ROBERT A. MORA 10 EAST KENNEDY BOULEVARD RALPH C. DELL BENJAMIN G. MORRIS. TAMPA, FLORIDA 33602 Of Connset TAMLYN S. SBAR - DONALD W. STANLEY, JR. tt POST OFFICE BOX 2111 JOHN W. WILCOX TAMPA, FLORIDA 33601-2111 WILLIAM L. YANGER WRITER'S EMAIL: + BOARD CERTIFIED, MARITAL Telephone (813) 223-5351 ‘Wyanger@alendell.com & FAMILY LAW Fax (813) 229-6682 . tt_ CERTIFIED STATE & FEDERAL MEDIATOR June 1, 2000 Via Facsimile Carolyn Satterwhite b 0 - 3 O Y A Florida Dept. of Education Suite 1701, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0400 Re: Tom Gallagher, as Commissioner of Education v. Claudia L. Bennett Dear Ms. Satterwhite: We received your May 4, 2000 Settlement Proposal. Clearly, at this point, Ms. Bennett is not in a position to voluntarily relinquish her teaching certificate which in effect is what the stipulation proposes. Rather than waste a lot of time going back and forth with proposals and counter proposals, please advise me as early as you possibly can whether it is Mr. Zahner’s position that Ms. Bennett will not be offered the ability to retain her certificate under any circumstances. If such is the case, we will move forward for a formal hearing. If in fact there is some room for negotiation we are ready and willing to continue that process. Thank you for your attention to this matter. Sincerely, (JN William L. ¥ WLY/iym Allen, Dell, Frank & Trinkle, P.A. MICHAEL N. BROWN RICHARD A. HARRISON JOSEPH G. HEYCK, JR. CRAIG A. JORGENSEN A. CHRISTOPHER KASTEN, II TABATHA A. LIEBERT SUITE 1240, THE BARNETT PLAZA 101 EAST KENNEDY BOULEVARD TAMPA, FLORIDA 33602 ROBERT A. MORA BENJAMIN G. MORRIS TAMLYN S. SBAR DONALD W. STANLEY, JR. tt JOHN W. WILCOX WILLIAM L. YANGER POST OFFICE BOX 2111 TAMPA, FLORIDA 33601-2111 t BOARD CERTIFIED, MARITAL & FAMILY LAW tt_CERTIFIED STATE & FEDERAL ‘MEDIATOR Telephone (813) 223-5351 Fax (813) 229-6682 April 20, 2000 Via Certified Mail Carolyn Satterwhite Florida Dept. of Education Suite 1701, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0400 Re: Dear Ms. Satterwhite: ALLEN DELL —— ATTORNEYS AT LAW 49 Tom Gallagher, as Commissioner of Education v. Claudia L. Bennett Nv PLE We 2 mie : PAs hear 00 7h) “* ESTABLISHED 1925 AM) /}: * Of) Mieco ASSOCIATION RALPH C. DELL Of Counsel WRITER'S EMAIL: Wyanger@alendell.com 10: Wd S2 dd¥ 00 Enclosed please find my client’s executed Election of Rights for your file. Should you have any questions please call my office. Sincerely, nok William L. Yanger WLY/iym Enclosures Allen, Dell, Frank & Trinkle, P.A. 2934 NOISSIWNOD SINLIVYd NOVI

Docket for Case No: 00-003042PL