Division of Administrative Hearings “FILED STATE OF FLORIDA EDUCATION PRACTICES COMMI CHARLIE CRIST, as Commissioner of Education, Date [- | B-O > Petitioner, vs. CASE NO. 001-2039-R WILLIAM ALSOBROOK, JR., O 4 . 6 078. PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against WILLIAM ALSOBROOK, JR.. 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-1.001, Florida Administrative Code, Code of Ethics of the Education Profession in Florida, and 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 708936, covering the area of Physical Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teacher at Davis Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about April 29, 1998, the Commissioner found probable cause in PPS Case No. 967-1203-C and an Administrative Complaint was filed against the Respondent for battering his daughter by grabbing her hair, pushing her against a wall and slapping her in the face (EPC Case No. 98-042-RT; PPS Case No. 967-1203-C). On or about December 11, 1998, the Education Practices Commission issued a Final Order accepting a Settlement Agreement in the case, the conditions of which included that he: 1) receive a letter of reprimand; 2) be placed on probation for 2 years, some conditions of which were that he complete training or course work in Anger Control, satisfactorily perform his assigned duties in a competent and profession manner, violate no law, and fully comply WILLIAM ALSOBROOK, JR. Administrative Complaint Page 2 of 4 with all district school board regulations, school rules and State Board of Education Rule 6B-1.006; and 3) provide written verification that he posed no threat to students and was able to perform the responsibilities of an educator. The Respondent was on probation from December 18, 1998 until December 18, 2000. 4, Between the 1999-2000 and the 2000-2001 school years, inclusive, the Respondent spoke inappropriately to, behaved inappropriately with and/or sexually harassed a colleague, Andrea Karpus. During the 1999-2000 school year, he made inappropriate sexual jokes about Ms. Karpus, other women and/or female students. He asked Ms. Karpus repeatedly to show him her underwear while they were at school. On one occasion, after Ms. Karpus refused to show him her underwear, he grabbed her arm very hard and demanded that she show him. He later told another colleague, Cathy Edwards, that he had seen Ms. Karpus’ underwear. During the fall of the 2000-2001 school yearand latér during that school year, he continued to ask her to show him her underwear at school and, on approximately 3-4 more occasions, grabbed her arm and demanded that she show him her underwear. During the fall of 2000, the Respondent exposed his erect penis to Ms. Karpus at school. He continued _ to speak to her in a sexually inappropriate manner and/or would grab her buttocks as she passed. 5. On or about January 22, 2001, Ms. Karpus told the Respondent that it was very important that he stop behaving in this manner towards her. The Respondent thereafter became hostile and insulting towards her. On or about February 20, 2001, the Respondent grabbed, squeezed, hit and/or slapped Ms. Karpus’ buttocks in or near the locker room as she was walking away. This conduct was unwelcome by Ms. Karpus. When the school resource officer asked him whether he had squeezed Ms. Karpus’ buttocks, the Respondent told him “no” and then later basically admitted in front of several colleagues that he had, in fact, grabbed her buttocks and/or bragged that he had bluffed the officer when he denied having done so. The Respondent’s statements made in front of her colleagues embarrassed Ms. Karpus. Later on February 20, 2001, the Respondent stated words to the effect that he had kept asking Ms. Karpus to give him head but she wouldn’t and/or made a gesture like he was shoving her head between his legs. This occurred in the presence of students. 6. The Respondent violated the conditions of his Education Practices Commission probation that he satisfactorily perform his assigned duties in a competent and profession manner, violate no law and/or fully comply with all district school board regulations, school rules and State Board of Education Rule 6B-1.006 (contained in provisions 6(e-f) of the Settlement Agreement and incorporated by reference into the above-referenced Final Order) by committing those acts delineated in paragraph 4 above during the period while he was on probation (December 18, 1998 - December 18, 2000). 7. Onor prior to February 23, 2001, the Respondent inappropriately tampered with and/or intimidated a witness by asking B.D., a female student whose date of birth is April 21, 1989, why she had reported that he had grabbed Ms. Karpus’ buttocks and by telling her words to the effect that she should have come to him instead and/or that she should not have tried to take the heat off by getting him in trouble. The day before, the resource officer had told the Respondent not to question her about WILLIAM ALSOBROOK, JR. Administrative Complaint Page 3 of 4 her having reported the incident and the Respondent had stated words to the effect that he promised he would not say a word. On or about May 30, 2001, the Director of Professional Standards issued the Respondent a letter of reprimand for his sexual harassment of Ms. Karpus. The letter indicated that, in addition to the reprimand, the Respondent would be administratively transferred for the 2001-2002 school year. On or about June 5, 2001, the Respondent was re-assigned to Arlington Middle School for the 2001-2002 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 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 ViGLATIGNS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(2), Florida Administrative Code, in that Respondent has failed to have his primary professional concer always be for the student and for the development of the student's potential and has failed to seek to exercise the best judgment and integrity. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(3), Florida Administrative Code, in the Respondent has failed to be aware of the importance of maintaining the respect and confidence of his colleagues, of students, of parents and of other members of the community and that Respondent has failed to achieve and sustain the highest degree of ethical conduct. COUNT 6: 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. WILLIAM ALSOBROOK, JR. Administrative Complaint Page 4 of 4 COUNT 7: 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 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 9: 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. COUNT 10: 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 ofan order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 4.009(2), Florida Administrative Code, in that Respondent has behaved in a manner that is inconsistent with the standards of public conscience and good morals. His conduct has been sufficiently notorious to bring his or the education profession into public disgrace or disrespect and to impair his service in the community. 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(]), 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 277 dayof Sto ben ber, 2002. (Bre. tin. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000092PL