STATE OF FLORIDA Y EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 990-1250-M DWAYNE WEBB, Respondent. | ADMINISTRATIVE COMPLAINT ; Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Dwayne Webb. 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 618075, covering the area of Physical Education, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education teacher at St. Cloud Middle School, in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about January 12, 2000, Respondent used inappropriate discipline techniques when he grabbed a student player, G.D., by the arms pushed him roughly and held him up against the locker room wall while yelling at him for being disrespectful. On or about January 14, 2000, Respondent received a letter of reprimand and was subsequently terminated from his coaching position at St. Cloud High School. , YS A Dwayne Webb Administrative Complaint 2 of 2 STATUTORY VIOLATIONS COUNT 1: 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 rules. RULE VIOLATIONS COUNT 2: 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. i COUNT 3: 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 1-2 dayof_ OCG4— , 2000. \o~ TOM GALI(AGHER, as Commissioner of Education, State of Florida tee

Docket for Case No: 00-004820PL