STATE OF FLORIDA EDUCATION PRACTICES COMMISSION , ADS Oh Me CHARLIE CRIST, as ° Commissioner of Education, Petitioner, vs. 7 CASE NO. 990-1669-V GARY H. TEMPLE, () > 0430 PE Respondent. ADMINISTRATIVE COMPLAINT Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against Gary H. Temple. 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(6) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida educator's certificate 364172, covering the areas of administration and supervision, elementary education, and mathematics, which is valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was employed as a mathematics teacher at American Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 24, 2000, Respondent used inappropriate discipline techniques when he grabbed male student, C.S., by the neck and pushed him out of the classroom leaving marks on the students neck. Gary H. Temple Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: 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 2: 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 3: 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. 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 7 day of fe , 2001. CHARLIE CRIST, as Commissioner of Education, State of Florida Evan JAY BYER ATTORNEY AT Law 1999 NorTHEAST 150" Streer Suite 102 NortH MIAMI, FLORIDA 33181 TELEPHONE: 305.947.4044 TELEFAX: 305.947.4001 February 14, 2001 THE OFFICE OF PROFESSIONAL PRACTICES SERVICES FLORIDA EDUCATION CENTER SUITE 224-E 325 WEST GAINES STREET TALLAHASSEE, FLORIDA 32399-0400 RE: ELECTION OF RIGHTS GARY H. TEMPLE SS# 265-17-9903 CASE NO. 990-1669-V Dear Sir or Madam: Re: the above I represent Mr.Temple. Enclosed is Mr. Temple’s Election of Rights form electing the settlement option. Please contact the undersigned at your earliest convenience in order that we may discuss this matter. Thank you for your cooperation.

Docket for Case No: 03-000330PL