STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as ) Commissioner of Education, ) ) Case No. 990-15832M Petitioner, ) ‘, ) DOAH Case#?. * * vs. ) ae or ) O*® DSS | PL , GERALD KERSENBROCK, ) a ) ® Respondent. ) ) ADMINISTRATIVE COMPLAINT Petitioner, Charlie Christ, as Commissioner of Education, by and through his undersigned counsel, hereby files this, his Administrative Complaint, against Gerald Kersenbrock. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.2615 and 231.262, Florida Statutes, and pursuant to Rule 6B-!.006, Florida Administrative Code, which contains the Principles of Professional Conduct for the ) Education Profession in Florida, said sanctions more specifically set forth in Sections 231.2615(1) and 231.262(6), Florida Statutes. JURISDICTION 1. Respondent holds Florida Educator’s Certificate 738286, covering the area of School Social Worker, which is valid through June 30, 2001. 2. Since 1994, Respondent has been employed as a Social Worker at Student Services, in the Volusia County School District. Fos MATERIAL ALLEGATIONS 3. While working as a licensed marriage and family counselor in California from 1983 through 1990, Respondent abused no less than three female clients by having sexual relations with them in the guise of therapy. Respondent fondled, kissed, hugged and had oral sex and sexual intercourse with his clients. On or about May 11, 1990, the Board of Behavioral Sciences examiners brought a case against Respondent because of his sexual abuse of a client, AE., in 1984 and-1985. The case resulted in Respondent’s agreement to voluntarily surrender his marriage, family and child license in California. 4. During the course of a civil suit stemming from Respondent’s sexual activity with his client, A.E., Respondent testified falsely while under oath. 5. When completing his application for a teaching certificate with the Department of Education, Respondent failed to disclose his conduct in California. Additionally, Respondent provided false information on his application for a teaching position with the Volusia County School District. STATUTORY VIOLATIONS Count I; The Respondent is in violation of Section 231 -17(2)(e), Florida Statutes, which requires that a holder of a Florida Educator’s Certificate be of good and moral character. Count II: The Respondent is in violation of Section 231 .2615(1)(a), Florida Statutes, in that Respondent has obtained a teaching certificate by fraudulent means. Count III: The Respondent is 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. SE i Eo kek ok Be. CountIV: The Respondent is in violation of Section 231.2615(f, Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the district school board. Count V: The Respondent is in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education Rules. RULE VIOLATIONS Count VI: — 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 VII: 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 his professional activities. Count VII: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(i), Florida Administrative Code, in that Respondent has made fraudulent statements and/or failed to disclose material facts on his application for a professional position. WHEREFORE, Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231 .2615(1) and 231.262(6), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of the practice, administrative fine, suspension of the Teaching Certificate not to exceed three years, permanent revocation of the Teaching Certificate, or a 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 part hereof by reference. Executed this_ 28 day of Mirch. 2001. Charlie Crist Commissioner of Education State of Florida

Docket for Case No: 03-002551PL