pee Weer ernre rere Sa STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-1319-M MARK LYNN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Mark Lynn. 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 23 1.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 713966, covering the area of English, which is valid through June 30, 2000. 2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Father Lopez High School, in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about September 17, 1998, Respondent acted inappropriately when he grabbed a minor female student N. D. forced her to sit on his lap and then forced her to rub his thighs. Respondent placed one of his hands on the girls buttocks. The victim attempted to escape but she was held back by Respondent who grabbed her and puled her back onto his lap. Respondent finally released the victim after her father began knocking on the office door looking for his daughter. On or about October 17, 1998, Respondent was arrested and charged with False Imprisonment and Battery. On or about June 8, 1999 and May 28, 1999, the Respondent pled Nolo Contendere and the court withheld adjudication. Respondent was sentenced to one year probation, pay a $158.00 in court costs, fifty hours community service, have no contact with any child under the age of eighteen without written permission of the child’s parents. perecrs sod Mark Lynn Administrative Complaint 2 of 2 STATUTE VIOLATIONS COUNT 1: 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 2: 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 3: The Respondent is in violation of Section 231.28(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 4: 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 health and/or safety. COUNT 5: 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 6: 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. EXECUTED on this 4/7 dayotr OC4L~ 2000, len TOM GAL HER, as Commissioner of Education State of Florida Ada wero arm Th pon Cel entry FO he Sy Ahae Wtetal Qeeorcec. Ree bern etapa ote fee q Ti cley bes - . Meter Lprhs & Folyaregeh- toon, Conch thawte gow fre brrtecrg tote thro, RECEIVED APR 24 2001 COMMISSIONER OF EDUCATION June 21, 1999 : Now is my turn, Mr. Gonsalves. - September 24, 1998, you called at my house. I have the tape of the conversation you had with Mark and then me. On that date the teacher that called my house and asked to talk to Mark was Norm Yelverton. On September 25, 1998, Norm came to Mark’s house and I was also there. Norm said, “Dave asked the teachers to announce that Mr. Lynn resigned and for the students to stay away from Mr. Lynn’s house.” Norm further said, “I went ahead and gave students Mr. Lynn’s address and directions to his house.” Lopez students and parents started to come by and still are visiting and sending cards, letters, flowers and continue to call constantly with support. September 27,1998 Patty Dailey attended the Lopez Golf Tournament and later she went to Father Lopez High Schoo! and Mark Lynn’s office to pick up his computer. Enclose you will find a note sent to Mark on September 30, 1998 by Linda Larkin. Wasn’t she one of your supporting witnesses against Mark? _” Myron Gusso, a former Father Lopez student was in a school play. You know that at the time Mark was displeased with Myron’s indecent actions and conduct during the performance. Since then Myron has been angry with Mark. _’ Records show that Nicole Difiore has had family problems before September 17, 1998, This was well documented and known to you whén she had her interview to enter Father Lopez. She also had problems with former students Joseph Miller, Michael ichael Curry and Erin O’Brien, who knows all about Nicole’s problems w with her dad, ~ Records further show that Nicole gave you no report about Mark and signed no statement and LY Why would Mark ask Nicole to rub his thighs and not private parts d by either party? _7 Why didn’t Linda or you have Mark sign a statement of what you claim Mark admitted to? i“ Gonsalves, once again a rush to judgment. In my opinion. /” After Ron Compani committed suicide you blamed the decisions on the diocese but basically admitted that it was your fault for how you handled it. Why do you always rush to judgment? A In my opinion, I was informed that you were not married in a Catholic Church and have children * from a previous marriage and were divorced from the mother of those children. You have stepchildren and married a divorced woman. How do you call yourself a practicing Catholic and receive the sacraments and keep your job considering the requirement to be a practicing Catholic. I thank God that Mark still attends daily Mass, has his own home and dignity and self-esteem. He is loved and respected by all. I don’t that you have the same. My daily wish is that at night you can’t sleep thinking of what you have done. Mark was a loyal and faithful employee and you with a rush to judgment treated Mark and Ron the same and there was no conviction. Look up the records and then ask God for forgiveness. / \have the complete copies of the case and depositions and I can’t find the reason why you did not have Nicole read or see your statements or write one herself. Marie Lynn ae ryt we ATTENTION He said, she said. . ; : Nicole’s friend, Kelly, told her boyfriend, a former student of Lopez who told this to Linda Dowdy. His name is Myron and he had resentment towards Mark while he was at Lopez. Mark was displeased with his actions during a Lopez school play. Question? 1. Why would Mark have the girl rub his thigh and not private parts? 2. T again ask you to please go to the courthouse and read the open records which are open to anyone to read. 3. Mark signed no papers stating that he resigned or admitted to what Gonsalves and Dowdy said. ( “I begged Mark not to sign his resignation and confession.” quote from Gonsalves answering a faculty member’s question.) Thomas P. Mc Guire PGK,FDD,PFN #lor Commander Color Corps Archbishop urley Asseribly 24 Jana Drive Ponce Inlet, FL. 32127-6946 October 22, 1998 Sir Knight Mark Lynn, 66 Tropical Drive Ormond Beach, FL. 32176 ee Eee Worthy Sir Knight, Dear Mark, j After I read the article containing the accusations made against you by Father Lopez School, the School you have more than overextended yourself for by working many extra hours at 4 local activities to help raise money for both school activities and student functions, where you have a perfect record for the years you worked there as evident by your promotion to Assistant Principal, without any investigation really disturbs me. It : brings back the very unpleasant memory of Ron Compani and how k susats found 2 25 er : +-Commi CCed C3 : , “Former Dis ict Deputy for four years and Past Paithful Navigator for two years have had close personal contact with you as one of my Grand Knights in the District and with you as a member of the Fourth Degree. 1 appreciated all the work you did to help me expedite the District Functions we had; if any extra effort was required you were always there to volunteer, I can not’ even in my wildest thoughts believe any of the accusations published. I had the pleasure of having you as one of my team of Delegates at State Conventions, and never have you acted improperly. You have always exemplified the concepts of true Knighthood, and as my wife and other wives who have come into contact with you at State Functions as well as local activities stated many times have always acted as and been a perfect gentleman. PLEASE STAY STRONG-JUSTICE WILL PREVAIL. Thomas P. Mc Guire PGK,FDD,PFN 0 PORE TRIER RIE commer a Cormeen rn VIVAT JESUS ana a 1 gear : a . May.27.1999 11:a9qM PF 1 i + > (FROM.: CLAYTON & TEAL . - - PHONE NO. ? S@4 73a 2300 : : had — : é ATTORNEYS AT Lawe i pins ) . ~ . '14 WEST RICH AVENUE gy i ° GL APR 26 PR 2:31 DELANO. FLORIDA 32720 | > Ss* Be 1512 S6UTH VOLUGR aves 22 PH 2:43 ORANGE CITY, FLORIDA 32763 JAMES R. CLAYTON GELAND (904) 738 - 3400 5 MICHAEL S. TEAL REPLY To eeLanolri ; ‘ ORANGE CITY (904) 775 - 3210 —_ GE ARINGS DELANO FAX (S04) 738 - 4300 WILLIAM R. ALEXANDER May 27, 1999 ORANGE CITY FAX (904) 775 - 6600 Honorable Richard B, Orfinger Room 200 251 North Ridgewood Avenue Daytona Beach, FL 32114 Re: State v, Mark Lynn Dear Judge Orfinger: ; b Please accept this letter as one of support for Mark Lyon. As a custodial father of a daughter who is a senior at Father Lopez High School, coupled with my background as a. prosecutor and defense attorney, one would expect me to be over-cautious in my concem for © = my ter’s school environment. However, having known Mark Tynn since my daughter entered Father Lopez in 1996, I feel compelled to inform the Court that, despite the allegations made against Mark Lynn, 1 am not and would not be concerned for my daughter to be in his presence -- even alone with him in a room. Unfortunately, duc to the nature of the allegations and the relationship between the defendant and the “vicum'”, most of the members of our local community who do not know Mark L had the typical “knee-jerk” reaction and convicted him based solely on newspaper articles. The bell cannot be unrung. Pec rpegerins ed iT as-always- letic-ev yral-support t6: great listener to the new studenis entering a new school as scared eshmen. He was an excellent ambassador for Father Lopez to the parents —- even the non- Catholic common folk from the West side of the county. Mark Lynn. 1 know his plea is a “best interest” plea and while I feel in my heart he is not guilty of the crimes he is accused of, I fully understand his desire to have closure in this This is truly a sad matter with no one prevailing. Please be kind and show compassion to : f matter as soon as possible. i IRC/abo c.c. ~- Michael Lambert (via facsimile transmittal ~ 238-0908) David Barr (via facsimile transmittal - 239-7716) Sep pape ad ; ' af lesa sso dl. vz ofeeZai MCDONOUGH . PACE 8. w wr) ; 7 DR. MICHAEL W. McDONOUGH Podiatric Madtcine & Surgery 595 W. Granada Blvd. « Suite F Ormond Beach, FL 32074-5103 Telephone: (904) 673-2266 Michael H. Lambert, P.A. 21 Loornis Ave. Daytona Beach, FL. 32114 Dear Mr. Lambert, Asa father of two Lopez graduates and two more students next year, I would like to relate my impressions of Mr. Mark Lynn. My contact with the school is primarily event based including football, basketball, baseball games, school plays & spirit rallies, award ceremonies and graduations. Mr. Mark Lynn was there, every one of them. J asked him about his time commitment, such as travel to Orlando to support the school dance team. His answer was simply his training and willing immersion into the school and its students. This dedication did not oF go unnoticed. The students respected and appreciated his presence in their lives. | asked my two Lopez graduates for their thoughts and they are as follows: “Kept the kids optimistic & upbeat” “The students respected him” “Always at school events” “Kids would always go up and hug him” “We would go to him as a mentor” “He started every class with a prayer” _ i att My older children have gone on to have positive, successful college careers. I credit the Lopez college prep environment for their study skills and success. Both are on academic scholarships. But their personal growth is far more important to me and I thank ; people like Mr. Mark Lynn for their positive Christian role model example. Mark Lynn : is dedicated to service — is there a greater calling? I thank him for his attention to my E children and for the higher level standard he set. I miss his presence in my younger children’s lives. Lopez is weaker for it. é = e Sincerely, Michael W. McDonoffgh, DPM cc: Mr. David Gonsalves - KNIGHTS OF COLUMBUS PROTECTING FAMILIES FOR GENERATIONS G2 July 2060 MR. MARK W LYNN CO. 1895 - GRAND KNIGHT (1999-2000) 66 TROPICAL DR ORMOND BEACH FL 32176-3718 Dear Brother Knight: Pleuse wecepi my personal and hearifelt congratulations to you and to the officers and members of your council, on eaming the honors of Star Council for the 1999-2000 fraternal year! Achieving this prestigious award ranks your Council among the top [2% of the Councils . in the Order. and gives evidence of your collective dedication to the principles and aims of the Knights of Columbus. My fellow Supreme Officers and members of the Board of Directors join me in conveying these congratulations to you, with our deep appreciation for all you have accomplished. We have arranged with our supplier to have your Star Council award prepared and forwarded to your District Deputy, and I have asked that this award be presented to the Council at a suitable occasion. In addition to this award, your name and that of your May this award be a treasured reminder of the Council’s efforts this past fraternal year in promoting the ideals of Columbianism, for the good of the Church and the community. Again, | congratulate you on attaining this honor. and encourage you to strive to earn Star Council status again in the 2000-2001 fraternal vear. With best wishes, I am Fraternally, aren Virgil C. Dechant Supreme Knight 1 COLUMBUS PLAZA, NEW HAVEN, CONNECTICUT 06510-3326 * TEL. 203-772-2130 ¢ FAX 203-773-3000 HTTP ANWW.KOFC 724 Orr or SRE RETNA “ / - alice. SULUUeY HO4UIB Yd ISHY4O Yoee} pus urea] 07 pay aacy [ Feu Ay1unj10ddo.[wuosied 8 53], -aaayy Sassey Buesqa -ja0 Aq soysized Aueydidg pus aa¥aq Jo aoulig 78 Sqs{s -SB pue sieadk Gz doy urejdeyo snquinfod jo syysuy 8 uaaq sey “P'N ‘uossazeg Jo asvd01q, ay} wo Ajjeuisyo ‘Buruuey oa] sayjeg ysad panoy «BF Aypurey a1j0yIeD 07 [elns9 ysoul aie yey} sanjea pus yyn1 ay} Jo stapuasap . 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JO LP PELOSI HOV VNOLAVG syesuyag onvyy h isi EVENINGS OF REFLECTION MARY TODAY: CHALLENGING WOMAN AND MODEL FOR MATURING CHRISTIANS ; Mark Lynn, Theology instructor, will offer three evenings of reflection. The topic will be Mary Today. The second and third parts of these evenings will be May 8 and 15, from 7-9PM. The evenings will focus on Mary of the Scriptures, Mary Appearing, and The Challenging Woman. Please join us with your bible, a notebook and an open heart to share your thoughts on the Blessed Mother in the lives of all believers. All meetings will take place in the Parish Center _ Fireplace Room. MARK ON MARK As we begin the Jubilee 2000 as a Church, we also focus on . Cycle A of Sunday scriptures and the Gospel of Mark. Mark Lynn, theology instructor, will present a series of evenings during Advent focusing on the Gospel of mark and its urgent message for our time. : Mark provides us with many angles of vision for us to choose the best : perspective on the mystery of the kingdom of God in the world. Our i first session will explore the mystery of Jesus. The second se: will examine thé mystery as if begins to be revealed. Our “examine the fulltevelation of the mystery of the Kingdoim and King of Tt Kings. Please join us on Monday evening, December 6, 13 and 20 H from 7-9pm in the Parish Center Fireplace Room. Bring/a Bible, ~ notebook or journal and your eager hearts to hear a message meant just for you! : KNIGHTS OF COLUMBUS * —~ > | Ce St. Paul's Council #1895 is hosting the District #11 Officer ’ Installation. District #11 consists of St. Paul's Council #1895, council #5422, Fr. Flynn Council #8477, Prince of Peace Council . #8791, Our Lady of Hope Council #8086 and Halifax Council #12569. The installation will be taking place after the 6:00pm Mass on August 20" in the Church with St. Paul Council Chaplain, Fr. Bob officiating. Ail are welcome to attend. Any gentlemen of the parish over the age of 18 interested in joining the Knights of Columbus may contact Grand Knight Mark Lynn for further information, Please call 441 -0968. mie “ ” fe eee permet so RTE niger . f t é pop epenee 4 . bose ea 2 aes «takead pue yaids ur sn yy payiun atom oyMm auroYy ye asoyy ose pure Ulayy Jo auo AroAo pus yove Yue] ‘JUNUIDAOU JJT]-O1d ay OF ssoupIM Jal puv Avid 0} Sousnof ayy opeur pey oym — o]doad Zunok ‘snquinyoy jo syyZtuyy — esad0Ip ino wo1jy sjdoad Aue OS 098 0} pomdsul A[ny, sem ay pres pur s1az1Ue810 07 syuRY) sIy passaad “XO ‘GQ ‘Aasi0g “W Wequoyy doysig « Perads PsoyUlu JU ad Jaq UlOd TOAD dAvYy w ojdood jo Jo] B {No TYFNOAq svy oF usd [eiads 8 s1yy oyeusisap sdoysiq oud Sutaey yuryy 7] Inq sn 10} Bp yrro “ods v Sypensn s} siyg,, pres ays ,‘o2ay 3 Auvwi os 908 07 Jeaas 4], . 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LAMBERT, PA. JAMES R. EVANS, PA. Gifs) 255-0464 : (9) 255 02 JAN 22 PH 2:43 (904) 226-8036 TOLL FREE 877-673-6266 October 26, 2000 F E Marie Lynn ‘ 188 Seminole Avenue Ormond Beach, Florida 32176 ; RE: Mark Lynn ‘ i Dear Ms. Lynn: The reason I have done things for Mark is because. 1 believe in him and know that the oo i students at Lopez who had the benefit of his ing believed in him as well, and those who did : not lost Ia lot. I wish him success and Mr. Glasser is an excellent lawyer and I will do anything I can to assist him in the case. : Very truly, : 5 a S qc & Michael H. Lambert, Esquire : MHL:mes : E Face OL APR26 PH 2:31 i { | - the letter was published..without.. . Of a crime involving moral turpi- L Ex-Lopez. official, sues for: back pay. Man says diocese legally fired him : DAYTONA BEACH — A former ~ Father Lopez High School assistant principal accused of touching a stu- ~ cent and holding her against her will has sued the Diocese of Orlan- do, claiming it breached its con- wact with him. . | Mark Lynn, 34, claims the di- ocese improperly ‘fired him Sept.- 25, 1998. That was several weeks be...” fore he was arrested on charges of battery and false imprisonment. . [n a lawsuit filed last week in cir- cuit, court, Lynn is ‘seeking salary from September 1998 to May 1999: and other compensatory damages totaling more than $15,000:° Police reports state. . that. Lynn put his hands around the waist ofa. ié-year-old student,.. guided her’ . onto his lap and rubbed her hand against his thigh. Lynn agreed the - girl was sitting on his lap but said . she initiated the contact, according | to court records. He later pleaded no coutest.to battery and.was sen- tenced to a year probation, which ended late last year. we Lynn's suit also charges that the - diocese and Father Lopez Principal . David Gonsalves wrote to parents. about the incident in a: defamatory on letter, which. included false and | scandalous statements. He claims performing a full investigation into the allegations and officials ‘will- fully disregarded the truth. { Lynn worked at Lopez for more. : than five years and.was a part-time - ! theoiogy teacher and part-time as- ! sistant principal when he left. ae, Although: Lynn claims he was: 7 fired, the diocese said in 1998 that he resigned... : ” In a Father Lopez contract ac- companying the lawsuit, a provi-~ sion states the it may be canceled. i by the school for just cause for rea- y sons including a conviction or ad- judication withheld of a felony or tude. Battery is a misdemeanor of: fense, and adjudication was: withheld in Lynn’s case. Neither Gonsalves nor the: di- ocese had been served with the suit . and both declined comment Tues- day. Lynn referred questions to his attorney, David Glasser, who was unavailabie Tuesday. ors

Docket for Case No: 02-000301PL