STATE OF FLORIDA fe EDUCATION PRACTICES COMMISSION aoe 1005 NAR -2 A Ih 22 JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1206-M OS O770AL GILBERT C. HALL, Respondent. ._ ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against GILBERT C. HALL. 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 319945, covering the areas of Elementary Education, English, Mathematics, General Science, Social Science, and Driver Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Seventh Grade Teacher at Jackson Heights Middle School in the Seminole County School District. MATERIAL ALLEGATIONS 3. On or about November 1, 1999, the principal held a conference with the Respondent to discuss allegations of the Respondent's use of profanity, gambling in class, calling students names in class, throwing a tennis ball in class, kicking a student in class and selling Cokes in class for profit. These allegations were not reported to the Bureau of Professional Practices Services. GILBERT C. HALL Administrative Complaint Page 2 of 4 4. Ona 1999-2000 Observation/Assessment form, dated April 18, 2000, the Respondent received an "Unsatisfactory" in the following areas: 1) implements requirements of state law, county policies and school building procedures effectively, 2) exhibits rapport and understanding with students; 3) continues to pursue professional growth as evidenced by in-service participation, coursework, and/or other appropriate strategies. 5. On a 1999-2000 Observation/Assessment form, dated June 6, 2000, the Respondent received a "Needs Improvement" in the following areas: 1) implements requirements of state law, county policies and school building procedures effectively; 2) exhibits rapport and understanding with students; 3) continues to pursue professional growth as evidenced by in-service participation, coursework, and/or other appropriate strategies. 6. On a 2001-2002 Observation/Assessment form, dated May 3, 2002, the Respondent received a "Needs Improvement" in the following areas: 1) implements requirements of state law, county policies and school building procedures effectively; 2) exhibits rapport and understanding with students; 3) maintains an appropriate instructional environment. 7. During the 2002-2003 school year, the Respondent engaged in inappropriate conduct with students. These incidents include, but are not limited to: 1) making inappropriate comments to students. The Respondent discussed with two male students, D.W. and G.B., the physical appearance of the Respondent's 22- year-old girlfriend, including her "big rack," (breasts). He also discussed with the same student a female student that the Respondent considered "hot," or words to that effect, and compared the female student's physical features with those of his girlfriend. The Respondent also discussed his "drunk driving,” or words to that effect, with the same student. The Respondent discussed family reunions with another male student, stating words to the effect of "You know what sucks about family reunions? Sometimes you see cousins who are kind of pretty. It's not like you're having sex with them, but you can get their number and go out with them;" 2) placing female students in the front row of his classroom where he stared at their breasts and buttocks. When one female student, A.D., asked to be moved to the back of the classroom, the Respondent replied, “No, I have al] the pretty girls where I want them," or words to that effect. 3) disparaging students in class. The Respondent repeatedly referred to one student as "retarded," and responded to one male student's questions with the comment "yes, ma'am." He referred to students as "animals," and told them to "go back to stupid school." On one occasion, he telephoned a student's parents in front of the entire class and discussed the fact that the student had missed a homework assignment. The student was in the room at the time the discussion took GILBERT C. HALL Administrative Complaint Page 3 of 4 place and was embarrassed. On another occasion, he announced to the entire class words to the effect that he is easy” on one particular male student "because he's SLD, " (meaning learning disabled). The student was in the room at the time the statement was made; 4) calling a female student at home and inquiring who the female student liked or was interested in; 5) putting ice down female student C.B.'s back, then sliding his hand up to the middle of her back undemeath her shirt. During the district investigation, the Respondent retaliated against students by answering their questions in class with "If you have time to go run your mouth about what goes on in this class, you should have time to know how to do it,” or words to that effect. He also discussed the investigation in class, telling students that the county had sent papers telling the Respondent he would be interviewed, and that he "was going to get his attorney in Key West," or words to that effect. On or about May 9, 2002, the Respondent received a letter of reprimand from his principal and was suspended for three (3) days without pay. He continues to be employed. 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. COUNT2: The Respondentis in violation of Section 1012.795(1)@), 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 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. COUNT 4: 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. GILBERT C. HALL 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. EXECUTED on this 24% day of aaah 2004. ‘commissioner of Education State of Florida

Docket for Case No: 05-000770PL