STATE OF FLORIDA | EDUCATION PRACTICES COMMISSION °2 JAN 22. py 2:99 ali CHARLIE CRIST, as . ° He Commissioner of Education, Petitioner, vs. CASE NO. 001-0290-M RICHARD POWERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Richard Powers. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION l. The Respondent holds Florida educator’s certificate 565711, covering the areas of emotionally handicapped education and psychology, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as an emotionally handicapped teacher at Euclid Avenue Learning Center, in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about March 29, 2000, Respondent used inappropriate language when he asked a female student “how much do you charge?” implying she was a prostitute. The student had». ~- previously been disruptive in class. Richard Powers Administrative Complaint 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 23 1.2615(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 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 health and/or safety. 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 231.2615(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 / day of eb : , 2000. CHARLIE CRIST, as Commissioner of Education State of Florida

Docket for Case No: 02-000308PL