STATE OF FLORIDA fry EDUCATION PRACTICES COMMISSI TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 990-1136-A DAVID F. BOWLING, 6 O- “/O / 7 - Respondent. / EE ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against David F. Bowling. 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 743456, covering the area of Elementary Education, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as a Fourth Grade teacher at Groveland Elementary School, in the Lake County School District. MATERIAL ALLEGATIONS 3. During the 1998-1999 school year, Respondent entered into an inappropriate relationship with a minor female student, H. K. Respondent fondled the student, and masturbated in front of her. Respondent also propositioned the student to have sex with him, and discussed other sexual matters about his personal life with the student. 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. : PL §) 00 David F. Bowling SEP 27 py 9. Administrative Complaint 3! 26 2 of 2 COUNT 2: The allegations & oriduet ‘set, forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respon tupondavestigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: The allegations of misconduct set forth herein are in violation of Section 231.28(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. COUNT 4: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 5: 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 6: 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 7: 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. TH EXECUTED on this_ 20‘ day of , 2000. bon TOM GALQAGHER, as Commissioner of Education, State of Florida

Docket for Case No: 00-004017PL