STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, 4) %- O44 | p CL vs. CASE NO. 001-1465-M ELLIOTT M. BENNETT, - Respondent. | ee ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Elliott M. Bennett. 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 163596, covering the areas of English, Reading and Middle Grades, which is valid through June 30, 2007. 2 At all times pertinent hereto, the Respondent was employed as an In-School Suspension Teacher at Ormond Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, Respondent made inappropriate, disparaging, and unprofessional comments to M.D., a 12-year-old, male student, in front of the class. On or about December 2000, Respondent told the student that he had the “devil” inside of him and made other inappropriate, disparaging and unprofessional comments. On or about March 6, 2001, the school district issued Respondent a letter of reprimand for his conduct. ELLIOTT M. BENNETT Administrative Complaint Page 2 of 3 4. Onor about April 27, 2001, Respondent failed to follow written instructions relative to appropriate handling of three Degrees of Reading Power (DRP) test booklets and answer sheets. Asa result, at least one student took a test booklet and answer sheet home over the weekend. On or about May 31, 2001, the school district issued Respondent a letter of reprimand. 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 her 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 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 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-1006(5)(a), Florida Administrative Code, in that Respondent failed to maintain honesty in all professional dealings. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-1006(5)(h), Florida Administrative Code. in that Respondent submitted fraudulent information on documents in connection with professional activities. ELLIOTT M. BENNETT Administrative Complaint Page 3 of 3 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 on this_1?_dayof_De camber , 2002. (Hack Oni Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000391PL