STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST , as Commissioner of Education, Petitioner, vs. Case No.: 001-0239-V . C PHILLIP M. FOX, 04 O TPC Respondent. / ADMINISTRATIVE COMPLAINT . Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against Phillip M. Fox. 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 342189, covering the areas of physical education, health education, driver education and school principal, which is valid through June 30, 2002. 2. At all times pertinent hereto the Respondent was employed as a teacher at Southwest Miami Senior High School in the Dade County School District. - MATERIAL ALLEGATION 3. From April 1999 through August 2000 the Respondent participated in an ongoing, illegal scheme to defraud the Dade County Public Schools through the creation of bogus, nonexistent courses for which he received payment of wages to which he was not entitled. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615 (1) (c), Florida Statutes, in that the 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 the Respondent 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 the Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (4) (b), F.A.C., in that the Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (4) (c), F.A.C., in that the Respondent has used institutional privileges for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (a), F.A.C., in that the Respondent -has failed to maintain honesty in all professional dealings. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (h), F.A.C., in that the Respondent has submitted fraudulent information on documents in connection with professional activities. - COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (m), F.A.C., in that the Respondent has failed to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615 (1), Florida Statutes. 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 day of Februa ry, 2002. CHARLIE CRIST, as Commissioner of Education, State of Florida 7s SBR CESH1 ARAGON BURLT’ “~"™! WE PAGE CPee LAW OFFICES ARAGON, BURLINGTON, WEIL & CROCKETT, P.A. Office in the Grove, Penthouse 2699 South Bayshore Drive Miami, Florida 33133 Telephone: (305) 858-2900 Facsimile: (305) 858-5261 TRANSMITTAL COVER SHEET NAME FAX NUMBER Tamara Odom 850-414-8976 S Florida Department of Education ><} a mn co imal o> oc OY, S37 zs Jeffrey B. Crockett 22° 3 BBs ~ S86 - 2 2 @ —= ay mtained in this transmission is attorney privileged and confidential. It is intended the individual or entity named above. If the reader of this message is not the you are hereby notified that any dissemination, distribution or copy of this strictly prohibited. If you have received this communication in error, please ely by telephone collect and return the original message to us at the above ;. Postal Service. We will reimburse you for postage. Thank you. 5, 2003 FILE NO. 148 1.002 GES, INCLUDING COVER SHEET: ol PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY a1 2/85/2883 11:87 3858-51 ARAGON BURLI ¢ We v2 PAGE 92 ARAGON, BURLINGTON, WEIL & CROCKETT, P.A. OFFICE IN THE GROVE ’ PENTHOUSE 2699 SOUTH BAYSHORE DRIVE MIAMI, FLORIDA 33133 TELEPHONE: (305) 858-2900 TELEFAX: (305) 858-5261 ; E-MAIL; jcrockett@abwe.com & ‘RUDOLPH F. ARAGON JEFFREY B. CROCKETT DANIEL F. BLONSKY CHRISTOPHER N. DAWSON AVA BORRASSO . KEVIN C, KAPLAN ROBERT K. BURLINGTON PAUL J. SCHWIEP RONALD P. WEIL February 5, 2003 ‘VIA FAX AMD US, MAIL (850) 414-8976 Tamara Odom Florida Department of Education 325 West Gaines Street Suite 1232 Tallahassee FL. 32399-0400 Re: Crist v. Phillip Michael Fox, Case No. 001-0239-V Dear Ms. Odom: ’ Following up on our conversation of earlier today, as we indicated in the past to Mr. Holder, Mr, Fox’s election, in the event that a settlement is not reached, is for a formal evidentiary hearing pursuant to Chapter 120, Florida Statutes. Please feel free to call me with any further questions. i . Very truly yours, Jéfire ed uD> q . ounsel for Mr. Fox cc: client

Docket for Case No: 03-000917PL