STATE OF FLORIDA MP} EDUCATION PRACTICES COMMISSION 93 Fep CHARLIE CRIST, as Commissioner of Education, Petitioner, Or -O 296 FC vs. CASE NO. 001-1023-M DAVID S. BERRY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against David S. Berry. 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 629563, covering the area of Music, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Middle School of the Arts in the Palm Beach County School District. - MATERIAL ALLEGATIONS 4 3. On or about October 19, 1993, Respondent publically exposed his sexual organs .In Palm Beach County, Florida. Respondent was issued a notice to appear and charged with Exposure of Sexual Organs. On or about November 2, 1993, Respondent pled nolo contendere to the charge. The court withheld adjudication and order Respondent ot pay $155.00 in fines and costs. we David S. Berry ~~ Administrative Complaint Page 2 of 3 4. On or about November 18, 1994, at approximately 6 p.m., Respondent and a co- defendant exposed and masturbated themselves and one another while standing at the entrance of a woman’s bathroom at a public park in Palm Beach County, Florida. Respondent was issued a notice to appear and charged with Exposure of Sexual Organs. On or about January 3, 1995, Respondent pled guilty to the charge. The court withheld adjudication and placed Respondent on 6 months probation and required him to pay $75.00 in costs. 5. On or about August 4, 2000, Respondent exposed himself to and masturbated in front of an undercover law enforcement officer in a wooded area of a public park in Palm Beach County, Florida. Respondent was charged with Exposure of Sexual Organs. On or about November 9, 2000, Respondent pled guilty to the charge. The court withheld adjudication, placed Respondent on 6 months probation, required him to provide 50 hours of community service, continue and complete therapy, comply with all treatment and take medications, have no contact with any parks, and pay $161.00 in costs. - 6. On or about August 8, 2000, the school district assigned Respondent to his residence with pay due to the August 4, 2000, charges and Respondent’s failure to self-report the arrest as required by school board policy. On or about September 25, 2000, Respondent and the school district entered into a Last Chance and General Release Agreement. The terms of this agreement included: in lieu of termination, Respondent agreed to the immediate loss of his Professional Service Contract; and, Respondent agreed to resign his position with the school district effective September 25, 2001, which would be automatically effective should he not be examined or, if examined, not found fit for duty by a school district psychiatrist. In order to be found fit for duty, the psychiatrist must attest in a notarized document that Respondent is fit for duty and is not a risk for recurrence of lewd or lascivious behavior. 7. In his application for a Florida Educator’s Certificate dated May 17, 1994, Respondent failed to acknowledge his criminal background as required by Florida law and in conflict with his sworn statement on the application that all information provided was true and correct in that he failed to acknowledge the 1993 charge. 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 ac 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 ersonai conduct which seriously reduces his effectiveness as an emplovee 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 Professiona Conduct for the Education Profession in Florida prescribed by the State Board of Education. David S. Berry - = Administrative Complaint Page 3 of 3 COUNT 4: Section 231.2615(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 onthis_ {3 dayot Feds , 2002. harlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000390PL