FLORIDA DEPARTMENT OF EDUCATION TALLAHASSEE, FLORIDA 32399-0400 i> ff 0, é 0 Noy ., Tom Gallagher AO bis, Commissioner 4, ite is October 11, 2000 OD-UTYORE Mr. Gerald Kersenbrock Post Office Box 290033 Daytona Beach, Florida 32129 ; CERTIFIED MAIL RE: Finding of Probable Cause SSN: 555-48-4040 Dear Mr. Kersenbrock: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 64-4.037, 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 23128(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, —l Lon - Tom Gall: TG/jh ENCLOSURES Plaza Level, The Capitol Tallahassee, Florida 32399-0400 (850) 487-1785 © Fax (850) 413-0378 http://www.firn.edu/doe An affirmative action/equal opportunity employer STATE OF FLORIDA 09. Ep EDUCATION PRACTICES COMMISSION ‘Oy 5 TOM GALLAGHER, as Heer ie Commissioner of Education, “* Anes i Ve Petitioner, vs. . CASE NO. 990-1583-M GERALD KERSENBROCK, L O Respondent. 004 A P / NISTRATIVE AINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Gerald Kersenbrock. 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: SDICTION 1. The Respondent holds Florida Educator’s Certificate 738286, covering the area of School Social Worker, which is valid through June 30, 2001. 2. At alli times pertinent hereto, the Respondent was employed as a Social Worker at Student Services, in the Volusia County School District. MATERIAL ALLEGATIONS 3. While working as a licensed Marriage and Family Counselor in California from 1983 to December 1990, Respondent abused no less then three female clients by having sexual relations with them in the guise of therapy. Respondent, fondled, kissed, hugged and had oral sex and sexual intercourse with his clients. On or about May 11, 1990, the Board of Behavioral Science Examiners brought a case against Respondent because of his sexual abuse ofa client A. E. in 1984 and 1985. The case resulted in Respondent’s agreement to voluntary surrender his Marriage, Family. and Child Counselor license in California. ATUTE TION COUNT 1: The Respondent is in violation of Section 231.17(3)(c)5., Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. OF feral ie a Admibistaps C age: COUNT 2: The Respondent is in violation of Section 231.17(10)(a), ‘Statutes, Ha, provides that the Department of Education may deny an Respondent a certifi¢ i epartment possesses evidence satisfactory to it that the Respondent has committed an act or acts, 0! &’Sigeation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate. COUNT 3: The Respondent is 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 4: The Respondent is in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 5: The Respondent is 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 prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 6: 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. 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_((™4 dayof_ _ORZE_ , 2000. (en TOM GAL ER, as Commissioner of Education State of Florida

Docket for Case No: 00-004740PL