STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, dD Py. A5SUPL vs. CASE NO. 023-0013-Q BOBBY V. DRAYTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against BOBBY V. DRAYTON. 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 1012.795(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 582759, covering the area of Varying Exceptionalities, which is valid through June 30, 2007. 5 Z. Atall times pertinent hereto, the Respondent was employed as aSLD Teacher at Leon High School, in the Leon School District. MATERIAL ALLEGATIONS 4 3. On or about January 29, 1996, the Respondent was investigated by Professional Practices Services for charges of Unemp!oyment Compensation Fraud and Worthless Checks. On or about May 1, 1996, the Commissioner of Education found no probable cause and cleared the Responcent's application. (PPS Case =956-0802-LA). 4. On or about March 7, 2002, the Respondent was investigated by Professional Practices Services for charges of Worthless Checks and Domestic Battery. On or about April 16, i Ati le er eeu eae ot BOBBY V. DRAYTON Administrative Complaint Page 2 of 4 2002, the Commissioner of Education found no probable cause to take action against the Respondent's certificate. (PPS Case #012-1741-Q). 5. During the 2001-2002 school year, the Respondent: a) misused the Leon County School District's e-mail system by sending and receiving sexually explicit e-mails, in violation of the Leon County School District's Computer Use Guidelines and Principles of Conduct for Leon County School Personnel. : b) downloaded pomographic material onto his school computer. 6. During the 2002-2003 school year, the Respondent: a) made inappropriate comments to student O.W. in the classroom. O.W. isa male student whose date of birth is October 4, 1985. When O.W. asked the Respondent for help with his work, the Respondent stated words to the effect of "Keep your problems at home." The Respondent also taunted O.W. in front of the entire class regarding O.W.'s flatulence problem, and required O.W. to spray his seat and the classroom with Lysol in front of the entire class, during which the other students laughed. b) interfered with parental custodial responsibility. He took O.W. to breakfast with the rest ofhis class, despite the fact that O.W.'s mother had previously told the Respondent that she did not want O.W. going to the breakfast. c) negligently supervised students. During the fall of 2002, the Respondent took O.W. off- campus as part of a job training program at motel. O.W. was injured twice during his job training program. On the first occasion, while O.W. was left unsupervised, his finger was sucked into a vacuum, Causing a bruise. On the second occasion, while left unsupervised, O.W. hit his head on a plastic emergency box, causing a bruise and a scar on his forehead. The Respondent also failed to supervise a twenty-year-old male student in his class, who was found with student G.W., after G.W. had been missing at school for half an hour. G.W. is a female student whose date of birth is August 18, 1986. 7 On or about June 3, 2002, the Respondent received a letter of reprimand from the principal for inappropriate use of the school computers. The allegations of inappropriate comments, interference with parental custodial responsibility, and negligent supervision of students were reported directly to Professional Practices Services during their investigation of the charges of inappropriate use of school computers. The Respondent continues to be employed. BOBBY V. DRAYTON Administrative Complaint Page 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: 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 health and/or safety, COUNT 4: 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 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code. in that Respondent has used institutional privileges for personal gain or advantage. BOBBY V. DRAYTON Administrative Complaint Page 4 of 4 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 TN day of __/ } lad , 2003. Conunissioner of Education State of Florida

Docket for Case No: 03-002554PL