STATE OF FLORIDA : EDUCATION PRACTICES COMMISSION OL EGY 22 AS Th: §g JIM HORNE, as . POh uh Tis Commissioner of Education, aa Petitioner, vs. CASE NO. 012-2283-S BARRY J. DUBIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against BARRY J. DUBIN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 101 2.796, 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 521402, covering the areas of Administration/Supervision and School Psychologist, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as the Executive Director of Sarasota Classified/Teachers Union. MATERIAL ALLEGATIONS 3. During August and September 2001, Respondent was Executive Director of Sarasota Classified/Teachers Association. During this period, Respondent used his access to the Sarasota County School Board’s computer system to send electronic mail. In his electronic communications using the school board’s system, Respondent engaged in inappropriate and unprofessional conduct. Respondent used profanity and made derogatory comments about teachers and administrators in Sarasota County. Additionally, Respondent’s electronic communications contained racial slurs. BARRY J. DUBIN Administrative Complaint Page 2 of 3 STATUTE VIOLATIONS COUNT I: 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 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts conceming an educational matter in direct or indirect public expression. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 6: 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. 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 raalicious or intentionally false statements about a colleague. BARRY J. DUBIN Administrative Complaint Page 3 of 3 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 2/48 day of Hay 2004. \ ; Horne J ORNE, as Commissioner of Education State of Florida

Docket for Case No: 04-004255PL