DA- 3456 Pl STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, VS. CASE NO. 001-0878-M WAYNE B. WHEELER, . , Respondent. | ee ADMINISTRATIVE COMPLAINT ADMINISTRA ere Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Wayne B. Wheeler. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 731.262 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 1. ” The Respondent holds Florida Educator's Certificate 426178, covering the area of Physical Education, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Holly Hill Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about September 26, 2000, Respondent acted inappropriately and unprofessionally when he separated students by race during a physical education class. Respondent also inappropriately referred to the students’ race by using the terms “salt” and “pepper.” On or about December 7, 2000, the school district issued Respondent a letter of reprimand for his conduct. WAYNE B. WHEELER Administrative Complaint poy Page 2 of 2 STATUTORY. VIOLATIONS$p -3 PH ls Ti 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 imnmorality or an act involving moral turpitude. ; = COUNT 2: 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 State Board of Education. RULE VIOLATIONS COUNT 3: 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 safety. COUNT 4: 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 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, or social and family hackeronnd and has failed to make reasonable effort to assure that each student is protected from harassment or . discrimination. 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_| 3 __ day of Febr , 2002. Charlie Crist, as » Commissioner of Education, State of Florida —_ — i Richards, Kathleen From: Odom, Tamara Sent: Friday, August 23, 2002 1:31 PM a To: Richards, Kathleen Tne Ce: Odom, Tamara Subject: Wayne Wheeler (PPS NO. 001-0878-M) O2SEP -3 pit: Hi Please schedule Mr. Wheeler for Formal hearing. Bruce Taylor will represent the Dept. Joan Stewart wi represent Mr. Wheeler. nee ie vere Thanks- tlo

Docket for Case No: 02-003456PL