STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as ole Commissioner of Education Ay ‘ ? Q . c\ — Petitioner, oe) VS. CASE NO. 023-1948-M WILLIAM BENCHIK, - : Respondent. on ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against WILLIAM BENCHIK. 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 468559. covering the area of Visually Impaired, which is valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at The Quest Center in the Broward County Schoo! District. MATERIAL ALLEGATIONS a 3. On or about December 16, 2002, Respondent was intoxicated or otherwise impaired at school. Respondent failed a field sobriety test administered by a law enforcement officer. On or about December 17, 2002, Respondent was reassigned to the Instructional Matenals Office. 4, On or about January 8, 2003, Respondent was intoxicated or otherwise impaired at work at the school district’s Instructional Materials Office. After arriving at work, Respondent fell in the parking lot causing an abrasion to the right side of his face. Respondent repeatedly refused WILLLAM BENCHIK Administrative Complaint Page 2 of 3 to take a breath alcohol test. On or about February 10, 2003, Respondent was again reassigned to other duties. 5. On or about July 23, 2003, Respondent entered into a Last Chance Agreement with the school board. As part of that agreement, Respondent was suspended without pay for 10 days (August 19 through September 2, 2003), required to submit to and successfully complete the Employee Assistance Program, and was subject to random drug testing for 2 years. 6. On or about September 3, 2003, Respondent left work prior to the end of the workday without permission and contrary to the instructions of his supervisor. On or about October 7, 2003, the school board terminated Respondent for insubordination and for being absent without leave or proper authorization. STATUTE VIOLATIONS COUNT t: The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: 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 3: 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 vedices his effectiveness as an employee of the school board. COUNT 4: | The Respondent 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 mules. RULE VIOLATIONS COUNT 5: 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 reasenable 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. WILLIAM BENCHIK 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 957 dayof_(C@etplae — __, 2004. q J \ A -Z2-—~ JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 04-004396PL