al — [E mxy STATE OF FLORIDA 02 orp 2 ne EDUCATION PRACTICES COMMISSION 5 PH J. 59 ae rv) JIM HORNE, as et - Commissioner of Education, ets Petitioner, vs. Case Number: 023-0213-A MICHAEL T. PETERSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against MICHAEL T. PETERSON. 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 636753, covering the area of Industrial Arts-Technology Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as an Industrial Arts Teacher at New Smyrna Beach Middle School, in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the month of April 2002, the Respondent grabbed an eighth grade male student by the arm, pinned him against a wall and told the student he would kick his ass. The Respondent also told this student that he was going to write the student a referral for an offense which he would make up. 4, During the month of May 2002, the Respondent approached a seventh grade male student, got in the student's face and challenged the student to hit him. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are 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 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. Michael T. Peterson 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 ] ~ day of Mary , 2003. State of Florida

Docket for Case No: 03-003509PL