ne oS Ci eae OE I STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, Ned je-I5 77 PU vs. CASE NO. 012-0930-M SAMUEL K. NEWSON, Respondent. / eee ADMINISTRATIVE COMPLAINT DL RALLYE Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against SAMUEL K. NEWSON. 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 750306, covering the area of Physical Education, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at South Area Middle School of Choice, in the Palm Beach School District. MATERIAL ALLEGATIONS 3. During 1998, the Respondent was investigated by Professional Practices Services for a 1992 credit card fraud charge and a 1994 charge for making a false statement, concealing a material fact or committing fraud in applying for a driver's license. On or about February 4, 2000, the Commissioner of Education denied his application for a Florida Educator's Certificate. On or about June 13, 2000, the Education Practices Commission issued a Final Order accepting a Settlement Agreement with the following conditions: SAMUEL K. NEWSON Administrative Complaint Page 2 of 4 a) letter of reprimand; b) 2 years probation; c) college Ethics course. (PPS Case # 978-2040- PA). 4. During the 1999-2000 and 2000-2001 school years, the Respondent engaged in inappropriate conduct with female students and female colleagues, which constitutes a violation of his Settlement Agreement [paragraph 5 (e)] approved by the June 13, 2000 Final Order. These incidents included, but are not limited to, the following: a) asking female student S.G., whose date of birth is August 7, 1986, words to the effect of, "Do you fuck your boyfriend or give him blow jobs?", asking her what color her underwear was, touching her buttocks, asking her to take "nude photographs of herself to give him for his birthday," or words to that effect, telling her she had "a grown up body and needed a man to handle her," or words to that effect, asking her out on dates, and asking her to show him her pubic hair. Or. two occasions, the Respondent pulled the waistband ofhis stretch pants out as far as he could so that S.G. could see his genitals (the Respondent was not wearing underwear). b) telling female student S.C., whose date of birth is November 21, 1986, when she saw him playing with his crotch and asked him what he was doing, "I'm adjusting my tremendously large cock,” or words to that effect. c) asking female student J.L., whose date of birth is October 14, 1985, if she was wearing underwear, or words to that effect, touching her on the buttocks, and asking her if girls her age "had hair down there," or words to that effect. d) asking female colleague P.C. at a school staff Christmas Party, “Do you know a white woman who would give me a blow job," "Does a blonde lady have pubic hair?” and "Do you know a white woman between the ages of forty and fifty who would have sex with me?" or words to those effects. e) stating to female colleague A.M. at the same school staff Christmas Party, "Women with small lips don't give good blow jobs,” or words to that effect. He also asked her if she "wears thongs" or words to that effect. 5. On or about August 27, 2001, the Respondent received a letter of reprimand from the Palm Beach County School District. He is currently employed at the Broward County School District's Lauderhill Middle School. SAMUEL K. NEWSON 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 Respondentis 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(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual's performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment, and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT6: The Respondentisin violation of Rule 6B.1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions ofan order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. SAMUEL K. NEWSON 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 1 th day of Mave , 2003. ORNE, as issioner of Education State of Florida FLORIDA DEPARTMENT OF EDUCATION . ny on voy Sf, i f: 39 STATE BOARD OF EDUCATION JIM HORNE Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD Fair, Vice Chairman parr Read, Members Florida! SALLY BRADSIAW Linpa J, EAbs, Ep.D. CHARLES PATRICK Garcia JULIA L. JOHNSON WILLtam L, PROCTOR, PH.D. Oh TT WY LE NAP C00 June 9, 2003 Kathleen Richards, Executive Director Education Practices Commission Room 224-E, 325 West Gaines Street Tallahassee, Florida 32399-0400 NOISSIWWOD Ww sqolLovud NOILVON Re: Jim Horne, as Commissioner of Education v. Samuel K. Newson; Case No.: 012-0930-M Dear Ms. Richards: Mr. Newson has requested the Formal Hearing option on his Election of Rights. Please forward this case to the Division of Administrative Hearings to be scheduled for a formal hearing. Charles Whitelock will be representing the Department in this matter Sincerely, Yrucbee M-CCULar Out Jennifer M. Causseaux, Paralegal Office of the General Counsel 4jme ce: Charles Whitelock, Esquire Richard Michelson, Esquire Danie J. WOODRING General Counsel 325 W. GAINES STREET * SUITE 1232 « TALLAHASSEE, FL 32399-0400 + (8503 245-0443 + www. tldov.org aa qaalgogu

Docket for Case No: 03-002579PL