aes Beer prabaetanenideties = reer ee ESL RO RE Me ie em te OLS 70. STATE OF FLORIDA weit EB 4) EDUCATION PRACTICES COMMISSIO D fy CHARLIE CRIST, as ) “hei S0y 0. oy pe Commissioner of Education, ) ) cal Wbfitons -M Petitioner, ) ) vs. ) ) JERRY BARNETTE, ) ) Respondent. ) Oo ADMINISTRATIVE COMPLAINT Petitioner, Charlie Christ, as Commissioner of Education, by and through his undersigned counsel, hereby files this, his Administrative Complaint, against Jerry Bamette. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.2615 and 231.262, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, which. contains, the * Ennetples, of Professional Conduct for the Education 7 Profession in Florida, said sanctions more specifically set forth in Sections 231.2615(1) and 231 26216), Florida Statutes. — ey Gaib benches SG spon ent holds Florida Educator s Cenificate 428049, covering ‘the areas of English, English to © speakers « of “other languages, humanities, gifted, and middle grades. The Certificate i is valid hough Ta une 30, 2004. 2. At ci pertinent hereto, the Respondent was employed as a teacher at Pine Ridge High School, in the Volusia County School District. af ~ recone emcee ane an: iS SE LC Re Ma a me er ERENT MATERIAL ALLEGATIONS 3. On or about May 24, 1999, the Volusia County School District received information regarding Respondent being in possession of child pornography, and having visited and downloaded child pomography on his home computer. Respondent also videotaped female students during class, to use for his own self gratification at home. These allegations were referred to the Volusia County Sheriff's Office who conducted an investigation and subsequently arrested Respondent, Respondent was charged with one count of possession of child pornography and two counts of engaging in prohibited acts in connection with obscene or lewd | materials. Respondent pled no contest to the two counts of engaging in prohibited acts in connection with obscene or lewd materials, and the charge of possession of child pornography was dismissed by the State of Florida. STATUTORY VIOLATIONS Count I: _ The Respondent i is in violation of Section 231. 2615(1)(0), Florida Statutes, oe in that Respondent has been guilty of gross s immorality or an act involving moral turpitude. Coulit U: The © Respondent i is in n violation of Section 231. 1-2015(1)(€), Florida Statutes of a misdemeanor, {felony 0 or ‘any 0 other criminal charge, “other than a minor traffic violation. | ng ee “in that Respondent has b et i i Count III: ‘The Respondent is in violation of Section 231.2615(1)(f), Florida Statutes, ila ine in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the district school board. = CountIV: The Respondent is in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education Rules. RULE VIOLATIONS Count V: 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 efforts to protect students from conditions harmful to learning, and/or the students’ mental and/or physical health and/or safety. Count VI: 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 VII: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in 1 that Respondent has harassed or discriminated against students on the basis of their race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and has failed to make reasonable efforts to assure that his students are protected from such harassment o or ¢ discrimination, Count VII: 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. Fo mere re re remem scene | | | HR STA kot dea Tete: Hie Te CountIX: — 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, Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.2615(1) and 231.262(6), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of the practice, administrative fine, suspension of the Teaching Certificate not to exceed three years, permanent revocation of the Teaching Certificate, or a combination thereof, for the reasons set forth herein, and in accordance with the explanation andElectionof = Rights forms which are attached hereto and made part hereof by reference. Executed this CF Gay of iH ARM, 2001. Charlie Crist Commissioner of Education State of Florida Se Meggett Fer enya we CHARLIE CrIST Ag sea gr Ro March 28, 2001 Mr. Jerry Barnette 110 South Peninsula Drive : Daytona Beach, Florida 321 18 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 267-96-2205 Dear Mr. Barnette: Pursuant to the provisions of Sections 231.262 and 231.261 5, 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 231.2615(1), Florida Statutes, which penalties may include Teprimand, ARTA ComMissIONER Ainge’? 7 probation, restriction of the scope of practice, ‘suspension not to exceed three years, Tevocation 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 Pra etvices, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850 485 Please govern yourself accordingly. - ; a Sincerely, Gut CC/fin | | Sinn RIE FORRES TERE FS Fe ENCLOSURES ae fy TCR Sa Se ek te THE Capron f * Floripa Ariantic UNiversry TOWER Puaza Lever 08 University oF South Fiorina, St.Petersaurc Campus - wh - 220'S.E. 2no Avenue, #726 : Tatanasste, Fiorina 32399-0400 POY 248, 140 71H Avence Sour ‘ Fr, Lauverpale, Fiorina 33301 {850) 487-1785 © SC 277-1785 St. PeTersBurG, Fiorina 33701 af (954) 762-5322 Fax (850) 413-0378 © SC 993-0378 (727) 553-3730 o f Fax (954) 762-5197 . Fax (727) 553-1033 . co hitp://www.firn.edu/doe

Docket for Case No: 01-003787PL