U3. BF WAL. STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, : vs. Case Number: 012-1466-Q ** RICHARD C. GARRETT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against RICHARD C. GARRETT. 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. JURISDICTION 1. The Respondent holds Florida educator's certificate 488156, covering the areas of Educational Leadership, Political Science and Middle Grades, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Community School Administrator at East Bay High School, in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about November 26, 2001, the Respondent approached a minor female student in his office at school, embraced the student and then attempted to kiss her on the mouth. The student struggled with the Respondent, broke away, and immediately went to an assistant principal to report the incident. Despite the student's efforts, the Respondent managed to kiss her on or near her mouth. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violaton of Section 1012.795 (1) (c), Florida Statutes, in that Respondent has been guilty of gross immorality or an ac: involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 1012.795 (1) (i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. Richard C. Garrett Administrative Complaint Page 2 of 2 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 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. 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 fit \’ day of Al | “4 , 2003. State of Florida

Docket for Case No: 03-002878PL