UA- BIBO YK STATE OF FLORIDA Po en EDUCATION PRACTICES COMMISSION ~* & op Io ow Ay, I9 CHARLIE CRIST, as PN Commissioner of Education, Petitioner, VS. CASE NO. 012-1842-S ROGER J. PHILLIPS, Respondent. / eee ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against ROGER J. PHILLIPS. 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 580861, covering the areas of English, English to Speakers of Other Languages, Physical Education, Driver Education, and Speech, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Lehigh Acres Middle School in the Lee County School District. MATERIAL ALLEGATIONS 8. eee 3. During the 2001-2002 school year, Respondent engaged in inappropriate conduct with and made inappropriate comments to students, colleagues and staff. Respondent’s inappropriate conduct and comments included the following. RSS Se iperererenieteeto= ROGER J. PHILLIPS Administrative Complaint Page 2 of 3 a) On or about December 19, 2001, Respondent made inappropriate comments to R.E., a female staff member. In the presence of other faculty members, Respondent stated, “What I want to know is, when are you going to take me home?” or words to that effect. A week prior to this incident, Respondent said to R.E., “Why someone so cute is so hard to get along with?” or words to that effect. On or about January 7, 2002, Respondent’s principal issued him a letter of reprimand for this conduct. b) On or about January 17 and 22, 2002, Respondent belittled and berated students with comments, such as “you are sorry,” “no good,” “not going to make it in life” or words to that effect. On or about February 5, 2002, Respondent’s principal issued him a letter of reprimand for his conduct. - ¢) On or about February 5, 2002, Respondent intentionally made fun of a female student in his class when he made inappropriate comments about her “boyfriend” and made a production out of her having to use the restroom. On or about February 5, 2002, Respondent’s principal issued him a letter of reprimand for his conduct d) On or about February 13, 2002, Respondent berated and embarrassed K.R., a female student, in the presence of her peers. Additionally, Respondent telephoned K.R.’s mother in the presence of K.R. and students in his next class who overheard his side of the conversation with K.R.’s mother. e) On or about February 13, 2002, Respondent embarrassed M.C., a female student, when he grabbed her and kissed the back of her neck in the presence of other students. f) On or about February 13, 2002, Respondent followed J.A., a female student, into the hallway while yelling at her when she retrieved M.C.’s books from Respondent’s room. On or about February 14, 2002, the school district suspended Respondent with pay pending an investigation. On or about March 8, 2002, the school district suspended Respondent without pay. School district termination proceedings against Respondent are pending. STATUTORY VIOLATIONS COUNT 1: The allegations of misconéuct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes. in that Responder has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: Te allegations of misconéuct set forth herein are in violation of Section oid: iia. Florida Statutes. in that Respoz nas violatec ihe Principies of Professiona: Conduct ror the Education Profession in Florids zrescribed by State Board of Education. ROGER J. PHILLIPS Administrative Complaint Page 3 of 3 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 background and has failed to make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such 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(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 onthis 30 dayof_.J why , 2002. me | Charlie Crist. as Commissions: 07 Education. State of Filonda

Docket for Case No: 02-003536PL