gm QD. 4 Cay, Ly STATE OF FLORIDA 4p O $ ya EDUCATION PRACTICES COMMISSION Safir 4 1, MOIS) Vo, a. 29 My TOM GALLAGHER, as SE Commissioner of Education, Petitioner, vs. CASE NO. 989-2754-V STEPHEN A. HALPERT, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Stephen A. Halpert. 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 495678, covering the areas of English, Psychology and Social Science, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as an English teacher at Thomas Jefferson Middle School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 4, 2000, Respondent used inappropriate language to his students by telling them to, “get the fuck out of my class.” During the 1999-2000 school year, Respondent has used this type of language toward students by calling them “fagots” and “punks.” Respondent also regularly threw students out of his class and left them outside his classroom instead of making the proper referrals. Stephen A. Halpert Administrative Complaint _ 2084 4. After the investigation for this case had begun, after May 21, 1999, Respondent acted unprofessionally and in a dishonest fashion when he threatened students not to make derogatory statements about him and promising good grades to students who made statements about him that were exculpatory in nature. 5. During the 1999-2000 school year, Respondent dismissed students early from class for reasons such as not having a pencil or paper. Respondent refused to let the students back in his class even when advised that the students had received paper and though a staff member indicated that the students should be allowed back in the class. Respondent also dismissed students from class early and then went into his truck near his classroom and smoked cigarettes. 6. During the 1999-2000 school year, Respondent was continually disrespectful of the administration of his school. Refusing to follow directives, using abrasive, insulting, and threatening Janguage toward the Principal and other administrators creating an environment of intimidation and creating a feeling of potential danger when he made the statement that he might have to “blow someone away” because of the difficulties he perceived he was having at the school. Respondent also inappropriately made insulting and derogatory statements to his students regarding a school administrator referring to her as fat and looking like a pig. 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 violation of Section 23 1.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. Stephen A. Halpert Administrative Complaint 3 of 4 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 learning 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)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, or social-and family background and has failed to make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to obtain special advantages. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 10: 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 Stephen A. Halpert Administrative Complaint 40f4 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. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. : COUNT 12: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(f), Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgment of colleagues. 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 onthis_6 7 dayof___ J , 2000. _———, t on TOM GAL Ry as Commissioner of Education, State of Florida

Docket for Case No: 00-003240PL