ha 1) STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. , CASE NO. 978-1153-M JOE A. SEAGER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Joe A. Seager. 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 291296, covering the areas of Psychology and School Principal, which was valid through June 30, 1999. 2. At all times pertinent hereto, the Respondent was employed as a Assistant Superintendent at the District Office |, in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about late Spring and Summer of 1995, Respondent developed and operated a scheme to obtain money from the Duval County School District and from various contractors of school security systems. Respondent obtained money for his own personal use through extortion payments and kickbacks from the security systems contractors. and Joe A. Seager Administrative Complaint 2 of 3 4. On or about September 16, 1997, Respondent was indicted by a Grand Jury, in Federal Court for Mail Fraud, Extortion, Aiding and Abetting, and Money Laundering. On or about July 28, 1998, Respondent pled guilty and was adjudicated guilty by the court. Respondent was sentenced to 33 months in the Federal Prison system, three years probation and pay restitution of $44,600.00. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(@), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. 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 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. COUNT 4: Section 231.28(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: 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 6: 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. Joe A. Seager Administrative Complaint 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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. 20% day of hut - 2000. Low TOM GAL) R, as Commissioner of Education, State of Florida

Docket for Case No: 00-003928PL