LQ BIS ALL f I gue STATE OF FLORIDA ra EDUCATION PRACTICES COMMISSION 62 Aug “9 AHI: 99 CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 012-1424-A JASON HILLIARD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against JASON HILLIARD. 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 756898, covering the area of Music, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Music teacher at Suwanee High School in the Suwanee County School District. MATERIAL ALLEGATIONS 3. Beginning in the fall of 1999 and continuing through December 2001, Respondent made inappropriate comments to L.B., a female student whose date of birth is January 10, 1982. These comments included telling L.B.: to sit on Santa’s (Respondent’s) lap and tell him what she wanted for Christmas; to remove her underwear while she wore her band flag corps uniform; and, that her breasts were bigger than anyone else’s on the squad. JASON HILLIARD Administrative Complaint Page 2 of 4 4. Prior to marching season in 2000, Respondent inappropriately touched L.H., a female student born in 1984, by slapping her on the buttocks. 5. On or prior to April 11, 2000, Respondent made inappropriate comments ofa sexual nature to J.K., a female student, in the presence of other students. Respondent’s conduct so disturbed J.K. that she transferred to another class and eventually received special permission from the superintendent to attend the GED program instead of regular high school because she was so afraid of Respondent. 6. On or about August 15, 2000, Respondent engaged in inappropriate conduct with C.Q., a 14-year-old, female student, when he asked her for a kiss and a hug. 7. During February or March 2001, Respondent made an inappropriate comment to K.C., a female student born on January 29, 1986. Respondent told K.C. she could use the telephone if she gave Respondent a kiss. 8. Beginning in the fall of 1999 and continuing through March 2002, Respondent engaged in inappropriate conduct with K.C., a female student born on January 13, 1985. Respondent’s conduct included: asking K.C. about her personal life, including her sexual behavior; making inappropriate comments concerning K.C.’s attire; and, using K.C.’s camera to take a picture of his crotch. 9. Beginning in the fall of 1999 and continuing through February 2000, Respondent engaged in inappropriate conduct with H.T., a female student. Respondent’s conduct included: offering to assist H.T. in exchange for sexual favors; kissing and fondling H.T. on school grounds; exchanging inappropriate electronic mail with H.T.; meeting H.T. after school on school grounds: and, discussing his personal sex life with H.T. 10. During the 1999-2000 school year, Respondent engaged in inappropriate conduct with E.G, a female student who was a senior at the time. Respondent’s conduct included rubbing E.G’s leg while discussing his personal sex life and offering to write an essay for E.G. in exchange for sex. 11. On or about January through June 2000, Respondent had an inappropriate physical relationship with M.W., a female student born in May 1984. During this period, Respondent had sexual encounters with M.W. on several different days. On or about Apri! or May 2001, when rumors circulated concerning Respondent’s inappropriate relationship with M.W., Respondent went to her residence and threatened to kill M.W. and encouraged her to tell people she had made the story up. On or about November 29, 2001, Respondent’s inappropriate relationship with M.W. was reported to law enforcement. On or about December 4, 2001, the superintendent suspended Respondent with pay pending an investigation. On or about January 29, 2002, the superintendent JASON HILLIARD Administrative Complaint Page 3 of 4 reassigned Respondent. On or about March 26, 2002, Respondent was arrested and charged with 7 counts of Sexual Battery on a Child in Familiar or Custodial Authority. The charges are pending. 12. Beginning in the fall of 1999 and continuing through March 2002, Respondent inappropriately used computer equipment assigned to him by the school district. This use included, but is not limited to: sending inappropriate electronic mail to E.G, including a sexually explicit photograph; accessing adult oriented, pomographic or obscene Internet sites, sometimes in the presence of students; and, installing an unauthorized program to destroy inappropriate electronic mail and evidence of visits to inappropriate Internet sites. 13. Onor about April 6, 2002, Respondent resigned from his position with the district. 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 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. 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. JASON HILLIARD Administrative Complaint Page 4 of 4 COUNT 7: 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. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(o), Florida Administrative Code, in that Respondent has sought reprisal against any individual who has reported any allegation ofa violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615(1), Florida Statutes. 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. EXECUTED on this @ _ dayof Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-003132PL