Lh BOVE PC Division of Administrative Hearings “FILE i? oP STATE OF FLORIDA EDUCATION PRACTICES COM CHARLIE CRIST, as Commissioner of Education, Date Petitioner, vs. CASE NO. 001-2035-A RODERICK G. PALMER, ~ Respondent. / el ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against RODERICK G. PALMER. 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 Pro fessional 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 1. The Respondent holds Florida Educator's Certificate 700751, covering the area of General Science, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a teacher at Shanks High School or was assigned to the district's media center in the Gadsden County School District. MATERIAL ALLEGATIONS a 3. Onor about June 1, 1994, the Respondent was investigated by Professional Practices Services for allegedly transporting two minor female students to his home to assist one of them in making an audio tape, leaving the students alone in his home with a young male without supervision. and leaving a 9 mm Luger semi-automatic weapon unsecured in his home. While the female students were there, someone took lewd photographs of them, one of which included one of the females holding the 9 mm Luger. RODERICK G. PALMER Administrative Complaint Page 2 of 4 4. On or about March 20, 1998, the Education Practices Commission issued a Final Order accepting a Settlement Agreement with the Respondent which included a retroactive suspension of his teaching certificate from August 22, 1994 through June 30, 1995, a retroactive denial of the issuance of a teaching certificate from July 1, 1995 through September 1, 1996, a $500.00 fine and a two-year period of probation period, the latter of which was to commence on the date the Respondent was re-certified and re-employed as an educator in Florida. The Respondent’s probation commenced in August, 1998 and ended on or about August 8, 2000. One of the conditions of his probation was that he comply with all district and State Board of Education rules. The Respondent was teaching at James A. Shanks High School as of the beginning of the 1999-2000 school year. 5. Between the beginning of the 1999-2000 school year and the time during the 2000- 2001 school year when he was re-assigned to the media center for the remainder of the year, the Respondent made inappropriate comments and/or behaved inappropriately with his students by: 1) subjecting his students to conditions harmful to learning or to their mental or physical health; and/or 2) exposing them to embarrassing and/or morally questionable situations. The Respondent’s actions include but are not limited to the following: 1) knowingly allowing students to view pornographic and/or other unauthorized videos in a backroom in his classroom, some of which took place during class time; 2) knowingly allowing students to remain unsupervised in the backroom where the videos were; 3) knowingly allowing students to remain in the backroom or in his classroom rather than attending their classes when the students were under the influence of controlled substances and/or alcohol or when the students had other reasons why they did not want to attend their classes; 4) telling female students that he would like to do things to them which were sexual in nature; 5) telling female students to relay messages to other female students about sexual activities he would like to have with the recipients of the messages; 6) telling a student that he had had sex with other students; and/or 7) inviting students to come to parties at his house. 6. The Respondent was knowingly allowing students to watch the porno graphic movies in the backroom of his classroom during the 1999-2000 school year while he was on probation for his prior case before the Education Practices Commission. By allowing the students to watch these movies, the Respondent violated the terms ofhis probation by violating the principles of professional conduct of the education profession. 7. During the 2000-2001 school year, the Respondent failed to adequately chaperone students in his care and/or subjected them to conditions harmful to their mental and/or physical health or safety while on a trip to Houston. The Respondent provided alcohol for the students and/or failed to adequately chaperone the students with the result being that the students possessed and/or consumed alcoho! and/or marijuana in the hotel in which they were staying. The Respondent also failed to adequately chaperone students in his care in that the students were able to change rooms so that girls were sharing rooms with boys. Additionally, the Respondent failed to adequately chaperone the students by having females alone with him in his room at the hotel. RODERICK G. PALMER Administrative Complaint Page 3 of 4 8. During the 1999-2000 through the 2000-2001 school years up until the time he was re-assigned, the Respondent also behaved inappropriately toward and exploited his relationship with K.B., a female student whose date of birth is December 7, 1982. While K.B. was alone with the Respondent in the hotel room in Houston, the Respondent sucked on K.B.’s breast. The Respondent did this another time when they were alone in his classroom. The Respondent would also be alone with K.B. for periods of time in the backroom of his classroom. The Respondent told K.B. of other sexual activities he would like to have with her and he used K.B. to relay messages of a similar nature to other female students. 9. At some point during the 2000-2001 school year, the Respondent was re-assigned to the media center for the remainder of the school year. His contract was not renewed for the following school year. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the district school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. 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. RODERICK G. PALMER Administrative Complaint Page 4 of 4 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. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(p), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the EPC imposing probation, imposing a fine, or restricting the authorized scope of practice. , WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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. MA EXECUTED on this 8g day of Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-003092PL