STATE OF FLORIDA EDUCATION PRACTICES COMMISSIQY JAN -6 PHI2# 10 JOHN L. WINN, as Commissioner of Education, 4 Petitioner, ° vs. CASE NO. 02 051-ME-: on c : SAMUEL L. MCMILLON, III, Respondent. OS 7a g (Pe ADMINISTRATIVE COMPLAINT ~ Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against SAMUEL L. MCMILLON, III. 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 770929, covering the area of School Social Worker, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Apopka High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, Respondent engaged in inappropriate conduct with several female students. This conduct included the following. a. Respondent engaged in an intimate physical relati onship with LB.,a female student whose date of birth is January 23, 1984. Among other inappropriate activities, Respondent and L.B. had sexual intercourse at his house and at a hotel in Tampa. SAMUEL L. MCMILLON, II Administrative Complaint Page 2 of 3 b. Respondent attempted to engage in an inappropriate relationship with L.R., a female student whose date of birth is January 3, 1985. Respondent asked LR. if she dated older men. The next day, Respondent kissed and hugged L.R. in the stadium after a Fellowship for Christian Athletes rally. c. Respondent also attempted to engage in an inappropriate relationship with S.I., a female student whose date of birth is June 7, 1984. S.I. indicated he was too old. d. In April 2001, L.B. told school officials about her relationship with Respondent. When Respondent learned L.B. told school officials about their relationship, he told her to retract her statements. L.B. did as Respondent requested. Respondent's actions interfered with an investigation. Effective November 12, 2001, Respondent resigned his position with the school board while an investigation into these acts was pending. 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. COUNT 2: The Respondent isin violation of Section 101 2.795(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 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 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 3: 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. enucet) 15 NPR COMMISSION . > 10 SAMUEL L. MCMILLON, IIL 05 JAN~6 PH 2: | Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 8: 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 concerning an educational matter in direct or indirect public expression. COUNT 9: 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 10: 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. 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) aay of (Oeste doc-an_, 2004. f \ Z hitler ~— cA OHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-000791PL