STATE OF FLORIDA EDUCATION PRACTICES COMMISSION SuMOV TQ ay 1:29 Vb we a : 2s CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 012-2119-M HOMER DAVIS, Respondent. (i! . OW’ DL / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against HOMER DAVIS. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.262 and 231 .2615, Florida Statutes, and pursuant to and Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, and said sanctions specifically set forth in Sections 231.262(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 431172, covering the area of Specific Learning Disabilities Education, which is valid through June 30, 2007. 2, Atall times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Western High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Broward County School district investigated the Respondent for an allegation of battery. No probable cause was found. The allegation was not reported to the Office of Professional Practices. 4. On or about January 9, 2002, during class, the Respondent used inappropriate means to discipline students. He struck a student, C.R., in the chest area, causing bruises. He also pulled a radio cord and plug through C.R.'s hand, causing bruises. C.R. is a male student whose date of birth is November 19, 1986. The Respondent struck another student, W.C., on the head with a cardboard box. W.C. is a male student whose date of birth is September 18, 1986. The Respondent HOMER DAVIS Administrative Complaint Page 2 of 2 was placed on administrative leave with pay pending the outcome of the Broward County School district's investigation. On or about March 12, 2002, he was reassigned to a new location. On or about August 20, 2002, the Respondent was reassigned to Sunrise Middle School. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(1), 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_ | 7 dayof TDecem ber _. 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 04-004068PL