STATE OF FLORIDA % 50 EDUCATION PRACTICES COMMISSION , Aon is, My, JIM HORNE, as , Ape, 7 Commissioner of Education, aS" Petitioner, vs. CASE NO. 012-2004-Q TERRY A. BARTON, OY -A5d Pe Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against TERRY A. BARTON. 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. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 394136, covering the areas of Administration/Supervision and Elementary Education, which is valid through June 30, 2007. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Englewood and Union Park Elementary Schools in the Orange County Schoo} District. MATERIAL ALLEGATIONS 3. On or about November 28, 2001, while using his personal computer equipment in class, Respondent engaged in inappropriate conduct with students when a picture of a nude male appeared on the screen. 4. During the 2001-2002 school year, Respondent repeatedly engaged in inappropriate and unprofessional conduct with or regarding administrators, colleagues and students. In general, Respondent constantly challenged the principal’s day-to-day management of the school, spread false TERRY A. BARTON Administrative Complaint Page 2 of 4 rumors and made various derogatory comments. This conduct included, but is not limited to: spreading of offensive rumors conceming staff; making disparaging comments to or about the principal; making inappropriate, derogatory comments regarding the female staff's clothing and sexual innuendos; making false comments concerning aromantic relationship between the principal and a female staff member to the point that Respondent accused the female staff member of having an abortion to conceal the relationship and the staffmember filing a complaint with law enforcement that Respondent was stalking her; challenging curriculum decisions, including in-service training and required educator certificate endorsements of teachers, placement of students, timing of parent conferences and open house, and even field trips for students; accusing at least one staff member of drug use in front of students; and, disconnecting the alarm system in his classroom without permission. On or about March 3, 2002, the superintendent transferred Respondent involuntarily to another school. Even after he was transferred, Respondent continued to contact students, staff, and administrators at Englewood Elementary in order to intimidate or harass them, or otherwise cause disruption at the school. His actions included sending messages to former students that the principal was lying to them about why Respondent was no longer there. 5. During Fall 2002, Respondent failed to properly supervise students charged to his care. Onor about September 3, 2002, Respondent allowed a student to leave campus without proper notification from the clinic or the office. The student was later picked up by a law enforcement officer. Additionally, in the first week of September, two physical altercations took place between or among students in which Respondent failed to observe or intervene. During the second incident, which occurred on or about September 6, 2002, a female student fell to the sidewalk injuring her neck and shoulder. On or about October 30, 2002, a school district official issued Respondent a letter of reprimand for these incidents. 6. On or about September 25, 2002, Respondent made disparaging and unprofessional comments about his current and former principals. Respondent referred to his current principal as an “asshole.” Respondent accused his former principal of stating that Respondent was a pedophile. 7. Effective July 3, 2003, Respondent retired from his position. 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. TERRY A. BARTON Administrative Complaint Page 3 of 4 COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: TheRespondent 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 4: 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 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(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. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. TERRY A. BARTON 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. a ~ EXECUTED on this 21 day of _) wba 2004. mmissioner of Education State of Florida

Docket for Case No: 04-003563PL