STATE OF FLORIDA O4GEC-7 PH }:30 EDUCATION PRACTICES COMMISSION n- JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-2313-C DENNIS R. CUSHEY, , . ie. Py rpm ld fe (Vu -YOurre Respondent. J 3 .o ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against DENNIS R. CUSHEY. 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 499734, covering the area of Elementary Education, which is valid through June 30, 2007. 2 At all times pertinent hereto, the Respondent was employed as a Networking Specialist at Doctors Inlet Elementary School in the Clay County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, Respondent accessed pornographic and sexually explicit material via the Internet on a school issued computer in violation of schoo! district policy and a written agreement he signed with the school district. 4, During the 2001-2002 school year, Respondent engaged in inappropriate and unprofessional activities with colleagues and staff. The activities included: making rude and sexually explicit comments, engaging in inappropriate and unprofessional physical contact, DENNIS R. CUSHEY Administrative Complaint Page 2 of 3 including, but not limited to, pinching and massaging females; sending offensive jokes via the schoo} district electronic mail system; and, making derogatory comments about students. Respondent’s activities created a hostile and intimidating work environment and offended those who experienced them. 5. On or about May 16, 2002, the school board approved Respondent's resignation in lieu of termination. STATUTE VIOLATIONS plLAlILUIE VSS 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. 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. COUNT 3: The Respondent isin 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. DENNIS R. CUSHEY Administrative Complaint Page 3 of 3 COUNT 7: 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. 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. te “ EXECUTED on this off day of J key 2004. i C ORNE, as issioner of Education State of Florida

Docket for Case No: 04-004349PL