STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, 0 cow O \ 79? Cc vs. CASE NO. 001-0529-M MATTHEW HERMAN, _ Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against MATTHEW HERMAN. 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 750113, covering the arearof Biology, which was valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Biology teacher at South Broward High School in the Broward County School District. MATERIAL ALLEGATIONS 4 3. Between the 1996-1997 and the 1998-1999 school years, inclusive, the Respondent behaved and spoke inappropriately with his students. 4 Between the 1996-1997 and the 1998-1999 school vears, inclusive, the Respondent behaved inappropriately with and/or spoke inappropnately to H.T., a female student who was inthe 9" through the 11” grade, and spoke inappropriately about H.T. to H.T.’s mother. Between March 9, 1999 and March 10, 1999, inclusive, the Respondent lifted up HL.T.’s shirt and asked something MATTHEW HERMAN Administrative Complaint Page 2 of 5 to the effect of whether he could kiss her belly button. She felt he was going to lift her shirt up all the way and stopped him from doing this and continued holding her shirt down during the remainder of the encounter. The Respondent told her to come to his classroom the next day after school although she did not have him for any classes. On another occasions, the Respondent asked HT. to come work for him out of his house and invited her to his house to see the setting. The Respondent also showed her a suggestive photo of girls in abedroom. H.T. felt it was inappropriate to show her this. The Respondent discussed his sex life with her and, when H.T. and another female student, E.C., were in the 9" grade, the Respondent suggested that the three of them should have a threesome and/or an orgy. The Respondent asked ELT. about sexual intercourse and oral sex and her participation in those acts. Approximately March, 1999, H.T.’s mother showed the Respondent glamour shots of H.T. and he stated words to the effect of not to show them to him because hecould ‘get in trouble. 5. Between the 1996-1997 and the 1998-1999 school years, inclusive, the Respondent behaved inappropriately with and/or spoke inappropriately to E.C,, a female student who was in the 9" through the 11" grade. During this time, he made inappropriate comments to the effect that when she was 18 or older, they could date and/or have sex. Such comments made her feel uneasy. The Respondent also spoke inappropriately with E.C. by asking questions to the effect of whether she and her boyfriend had sex and whether she gave and/or enjoyed oral sex. The Respondent also asked her to go to his house to help him work on a thesis and gave her and other students his home phone number. Approximately between February 1, 1999 and March 4, 1999, inclusive, while E.C. was grading papers for the Respondent in his classroom and other students were present, the Respondent approached her and kept repeatedly looking down towards his pants’ zipper and then up at her. When she finally looked down to see what he was looking at, she noticed that he appeared to be erect, Later that period, he told her to go into the back hallway of the supply room to help him look for a book that was missing. While there, he undid his belt buckle, began taking off his belt, and told her to touch “‘it,” kiss “‘it,” or at least look at “it,” referring to his penis. This made E.C. feel uncomfortable. On or about March 5, 1999, while E.C. and the Respondent were ona field trip to apark, the Respondent lagged behind the class so that he was the last person walking in front of E.C. The Respondent turned around to face E.C., put his hands down his shorts and looked down at himself inside of his shorts. E.C. tried to push her way around the Respondent and keep walking but she was unable to. They continued walking and the Respondent turned around to face E.C. a second time and, this time, pulled down his pants, exposing his penis and testicles to E.C. 6. Between the 1996-1997 and the 1998-1999 school years. inclusive, the Respondent behaved inappropriately with andor spoke inappropriately to LB., a female student who was in the 9° through the 11" grade. During the 1996-1997 school vear, the Respondent called L.B. to the back ofthe classroom. said he liked her skirt. and felt the material at the bottom of the skirt by putting his fingers under its hem. On another occasion. he told her he could see through her dress. The Respondent told her she was too good for her boviriend and asked why she was with him. L.B. did not feel that this was appropriate conversation. Sometime between the 1996-1997 and the 1998- MATTHEW HERMAN Administrative Complaint Page 3 of 5 1999 school year, L.B. got a new puppy. The Respondent gave L.B. his phone number and told her to stop by his house with K.P., another female student in the 11" grade, to show him the dog. When she did not go, he asked her why she had not come to his house. On other occasions, the Respondent would ask L.B. to go into the back hallway with him to get things for class and/or would ask her and other female students to stay after schoo! and help him. Sometimes he would take her home. On one occasion, he suggested that L.B. and other students meet him outside of school and go to a movie and/or out to eat. Between March 5, 1999 and March 24, 1999, inclusive, the Respondent made an inappropriate comment to L.B. about a dream he had. He told her he had dreamed about her but would not tell her what the dream was about until he was alone with her. He then told her that he had dreamed about her eating a cucumber with something on it. L.B. felt that the Respéndent’s comment had sexual connotations and the comment made her feel uncomfortable. 7. Between the 1996-1997 and the 1998-1999 school years, inclusive, the Respondent behaved inappropriately with and/or spoke inappropriately to K.T., a female student who was in the 9" through the 11" grade. When K.T. wore something nice, he would tell her how pretty she was, which would make her feel uncomfortable. He made inappropriate comments to the effect of “wait until you are older,” “if only you were older,” and/or “if you were older, I would probably date someone like you.” On other occasions, K.T. overheard the Respondent talking about sex with male students and telling a female student words to the effect that she was “such a little dyke” and that he should “beat her ass.” During the 1997-1998 school year, the Respondent called K.T. out of class because he needed help grading papers. She was wearing a silk shirt and a mid-thigh skirt. He commented about the shirt, reached down and rubbed his hand against her leg, grabbing the hem of her skirt. He commented on how he liked it and asked her what it was made of. She felt uncomfortable and backed away. She graded papers for awhile and then retumed to her class because she felt uncomfortable. On or about March 12, 1999, K.T. was wearing a skirt about shin- length with slits up the side approximately to the knee. The Respondent told her that she looked nice , and that he liked skirts like that and/or that he liked girls who wore skirts like that. On one occasion, when the Respondent learned that K.T. and another female student were going to go to the library the following Saturday, he gave them his home phone number and asked them to call him and let him know when they were going so that he could possibly join them there. When the students did not call, the Respondent asked them the following Monday why they had not called. S. Between the 1996-1997 and the 1998-1999 school years, inclusive, the Respondent also behaved inappropriately with and/or spoke inappropriately to K.P., a female student who was in the 9" through the 11° grade. The Respondent was alone with K.P. in the back hallway off of his classroom on one occasion. The Respondent also told K.P. that she looked nice. If K.P. did not want to go to a class, the Respondent would write her a pass so that she could come help him. It was also K.P. who the Respondent suggested bring £.C. and the puppy to his house. MATTHEW HERMAN Administrative Complaint Page 4 of 5 9. Between the 1996-1997 and the 1998-1999 school years, the Respondent behaved inappropriately by going to the movies with his students, one of whom was K.V., a female student whose date of birth is April 11, 1982. 10. Onor about March 24, 1999, the Director of Professional Standards and Special Investigative Unit of the school board informed the Respondent via a letter that he was being placed on administrative leave while the allegation that he had exposed his genitals to E.C. was being investigated. On that same date, he was escorted off campus. 11. Onor about August 31, 1999, law enforcement filed charges against the Respondent for Battery on H.T. and Exposure of Sexual Organs to E.C. The State Attomey’s Office filed informations on these charges on or about September 7, 1999. On or about April 11, 2000, the Director of Professional Standards and Special Investigative Unit of the school board re-assigned the Respondent to Management Audits effective April 24, 2000. On or about July 31, 2000, the Director notified him that he would resume his teaching duties effective August 22, 2000. On or about September 26, 2000, the Director issued the Respondent a letter of warning stating that, although the Professional Standards Committee had found no probable cause to believe that he had exposed himself to E.C., any future conduct of that nature would result in a recommendation for disciplinary action, On or about January 8, 2001, a jury acquitted the Respondent of the Exposure of Sexual Organ/Indecent Exposure charge and, on or about February 7, 2001, the State Attorney’s Office nolle prosed the Battery charge. 12. Onor about July31, 2000, the school district re-assi ened the Respondent to McAsthur High School. 13. On or about October 6, 2000, the director of Professional Standards for the school , district issued the Respondent a letter of warning stating that, although the Professional Standards Committee had found no probable cause to believe that he had exposed himself, it had found probable cause to believe that he had acted in a manner inappropriate for an educator. 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. MATTHEW HERMAN Administrative Complaint Page 5 of 5 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriaté 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 20 dayof_) | 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000179PL