STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 967-0481-C CHARLES A. FRISHMAN, Respondent. ADMINISTRATIVE COMPLAINT . Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Charles A. Frishman. 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 658517, covering the areas of Music, which is valid through June 30, 2001. 2. Atall times pertinent hereto, the Respondent was employed as a Band teacher at Miami Killian Senior High School, in the Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 4, 1996, Respondent exposed himself to a group of children Respondent drove his car where a group of children had gathered to play, opened his car door and then exposed and stroked his penis in front of the children. Respondent was arrested and charged with Indecent Exposure, Lewd and Lascivious Act in the Presence of a Child and Exposure of Sexual Organs. Respondents’ arrest and the subsequent newspaper articles conceming it caused considerable public comment and concern by parents that Respondent not be allowed back teaching. 0003 nr er ea pe Q . Charles A. Frishman 00CT-6 p 12! Rdininistrative Complaint DIWIstos pes Page 2 of 2 ALS STATUTORY VIOLATIONS) 2 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)(£), 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\(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 learning 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. 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 2-22 day of ee he 1999. ————__._______ State of Florida C004 ie FLORIDA DEPARTMENT OF EDUCATION ep, TALLAHASSEE, FLORIDA 32399-0400 : “6 Tom Gallagher Commissioner December 22, 1999 Mr. Charles Frishman 8015 SW 115th Avenue #116 : Miami, Florida 33176 CERTIFIED MAIL RE: Finding of Probable Cause Dear Mr. Frishman: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. _ An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481 > Sincerely, TG/jh ENCLOSURES Plaza Level, The Capitol ¢ Tallahassee, Florida 32399-0400 (850) 487-1785 # Fax (850) 413-0378 http:/ /www.fimn.edu/doe/doehome.htm An affirmative action/equal opportunity employer CCC

Docket for Case No: 00-004148PL