STATE OF FLORIDA EDUCATION PRACTICES COMMISSION . G3MAR 28 PMI2: 13 CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 012-1652-R CLAUDE W. GRAHAM, O%-(ID PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against CLAUDE W. GRAHAM. 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-1.001, Florida Administrative Code, Code of Ethics of the Education Profession in Florida, and 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 805057, covering the area of Music, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Music teacher at Raines High School in the Duval County School District. MATERIAL ALLEGATIONS 4 3. On or about August 15, 2001, the Respondent behaved inappropriately with and spoke inappropriately to J.L., a female student whose date of birth is June 13, 1984. After telling the students to leave the band room so that he was alone with her, the Respondent told J.L. words to the following effect: she would need to give him something in order for him to allow her back in the band, such as her nameplate/necklace or an item of jewelry, such as her bracelet; and/or she would need to call him approximately every other night at his home and tell him everything she had done that day even including such details as whether she had started her period. He also told her not to tell anyone what he had said to her because he could lose his job. He further behaved CLAUDE W. GRAHAM Administrative Complaint Page 2 of 3 inappropriately by coming over to J.L., getting in her face and touching her nameplate/necklace and an item on her arm while telling her that she needed to give him one of those items. 4. On or about August 30, 2001, the Respondent inappropriately disciplined G.S., amale student whose date of birth is December 9, 1985. The Respondent intentionally hit him in the chest with his hand(s) and told him words to the effect that he should shut up. The Respondent also used vulgar language in front of G.S., stating words to the effect that if G.S. didn’t like it, he could get his ass out of the stadium or could get the fuck out of the stadium. On or about December 4, 2001, the Respondent resigned from position with the district. 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. 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- 1.001(2), Florida Administrative Code, in that Respondent has failed to have his primary professional concern always be for the student and for the development of the student's potential and has failed to seek to exercise the best judgment and integrity. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(3), Florida Administrative Code, in the Respondent has failed to be aware of the importance of maintaining the respect and confidence of his colleagues, of students, of parents and of other members of the community and that Respondent has failed to achieve and sustain the highest degree of ethical conduct. COUNT 6: 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 leaning and/or to the student’s mental health and/or physical health and/or safety. CLAUDE W. GRAHAM Administrative Complaint Page 3 of 3 COUNT 7: 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 8: 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. o 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_ 27 __dayof Septem ber~ _, 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-001125PL