STATE OF FLORIDA EDUCATION PRACTICES COMMISSION HAR 28 Pal? a: \u JIM HORNE, as Commissioner of Education, Petitioner, . O>- [|O@PC vs. CASE NO. 001-1944-M STEVEN A. RITENOUR, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against STEVEN A. RITENOUR. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes, The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 829529, covering the areas of Guidance and Counseling, which was valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Guidance Counselor at St. Cloud High School, in the Osceola County School District. C MATERIAL ALLEGATIONS 3. On or about February 26, 1998 and March 3, 1998, in Washington County, Pennsylvania, the Respondent drove his vehicle past the window of a place of business and while so doing, exposed his genitals to the employees inside. On or about March 11, 1998, the Respondent's vehicle was observed by law enforcement in the vicinity of the same place of business. The Respondent was observed looking up at the window of the business with his pants pulled down to the mid-section ofhis thighs. He was arrested for three counts of Indecent Exposure, three counts of Open Lewdness and three counts of Disorderly Conduct. He pled to completion of a pre-trial STEVEN A. RITENOUR Administrative Complaint 2 of 4 diversion program. The adjudication is unknown. He was sentenced to 18 months probation and counseling. 4. On or about May 19, 2000, in Washington County, Pennsylvania, the Respondent called a minor female who was disembarking from a school bus over to his vehicle and asked her for directions. As she approached the vehicle, she saw the Respondent was naked and his clothes were piled up on the passenger seat. He was arrested for one count of Indecent Exposure, one count of Corruption of a Minor, and one count of Disorderly Conduct. The Respondent pled guilty to Disorderly Conduct, and a nolle prosequi was issued on the other charges. On or about June 25, 2002, the Respondent was adjudicated guilty and sentenced to pay the costs of his prosecution, 12 months of probation, and to submit to a mental health evaluation and follow the recommended treatment. 5. On or about May 10, 2001, in Osceola County, the Respondent was cleaning his grill on his back porch while wearing a black thong bathing suit. He made noises which alerted the ~ attention ofa 13-year-old girl who was sunbathing next door. As she looked over at the Respondent, 1 she saw his penis and testicles hanging out the side of his bathing suit. The child went inside her house and reported the incident to her mother. Minutes later, the child's mother walked to the back window of her house and saw the Respondent walking along the side of his house wearing the black thong bathing suit with his erect penis and testicles protruding out of the suit. The Respondent was arrested for one count of Lewd or Lascivious Exhibition and one count of Exposure of Sexual Organs. He pled not guilty to both counts and on February 13, 2002, was found not guilty by a jury. On or about May 11, 2001, the Osceola County School District suspended the Respondent with pay on charges that he failed to report his participation in the 1998 pre-trial diversion program and that he failed to report his 2000 Disorderly Conduct arrest. The Respondent was suspended pending a May 29, 2001 recommendation at the School Board Meeting that he be terminated. The Respondent was terminated on or about May 29, 2001. 6. On or about June 18, 2002, in Pleasant Hills, Pennsylvania, while in a tanning booth at a local salon, the Respondent climbed onto his tanning bed, peered over the top of the booth next door and stared at a nude female bather. After the victim informed a staff member, the staff member confronted the Respondent and asked for identification. The Respondent produced his School District of Osceola County, Florida identification card. The victim confirmed that the person who had peered at her was the person whose photograph appeared on the identification card. The Respondent was arrested for one count of Invasion of Privacy, one count of Harassment, one count of Disorderly Conduct, and one count of Criminal Mischief. The case is currently pending in the Pleasant Hills, Pennsylvania court system. STEVEN A. RITENOUR Administrative Complaint 3 of 4 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 4: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession ~ prescribed by State Board of Education rules. COUNTS: The Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 6: 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 7: The Respondent is in violation of Rule 6B.1006(5)(i), F.A.C., in that Respondent made a fraudulent statement or failed to disclose a material fact in one's own or another’s application for a professional position. STEVEN A. RITENOUR Administrative Complaint 40f4 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 oo day of Febuary , 2003. ommissioner of Education State of Florida

Docket for Case No: 03-001126PL