STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, Vs. CASE NO. 012-0074-M JOHN R. SYFRETT. a ef) ’ \ OM, OS CAdEPe Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against JOHN R. SYFRETT. The Petitoner 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 358518, coverin g the areas of Elementary Education and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Gause/Riverside Academy in the Polk County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, Respondent engaged in inappropriate and unprofessional conduct with students. Respondent often bounced students sitting in his lap, gave them hugs and hit them on their bottoms with a clipboard or his hand. Respondent's conduct included the following: a) on several occasions, stating to K.R., a female student whose date of birth is May 10, JOHN R. SYFRETT Administrative Complaint Page 2 of 4 1990, that she needed a “spanking” and hitting her on her bottom, bouncing her on his Jap and touching her or: other parts of her body. b) stating to A.T., a female student whose date of birth is November 25, 1988, that she needed a “spanking” and on more than one occasion hitting her with a clip board on her bottom. Respondent also instructed A.T. to call him “Dad.” c) hitting MLL, a female student, on her bottom. d) on several occasions stating to J.N., a female student, that she needed a spanking and he would hit or pretend to hit her on her bottom. e) while tutoring J.N. after school, Respondent tickled J.N. on her sides until she slid to the floor, Respondent squatted down on his knees and took hold of both her feet and slid her towards him. Respondent’s knee went between J.N.’s legs and touched her pubic area. As he did this, Respondent leaned over J.N. f) Respondent crossed J.N.’s hands in front of her with his hands on her breasts. g) while taking her home without permission from the administration, Respondent tickled J.N.’s knee and when she commented that she was not ticklish there he moved his hand up her leg. h) during a tutoring session, Respondent lifted the back of J.N.’s shirt arid rubbed her bare back. Collectively, Respondent's actions served no educational purpose and often embarrassed or made the students feel uncomfortable. On or about Apri! 29, 2001, Respondent was arrested and charged with Lewd or Lascivious Molestation on a Child Under 12. On or about July 3, 2001, the state attorney's office filed an information against the Respondent on the following charges: Count 1, Lewd Molestation (in connection with J.N.); Count 2, Battery (in connection with J..N.); Count 3, Battery (in connection with M.L.); and Count 4, Battery (in connection with K.R.). On or about April 30, 2003, the state attorney’s office dismissed the charges. 4. During the 2000-2001 school year, Respondent engaged in inappropriate and unprofessional conduct with V.L., a member of the staff who was } 9 or 20 years old at the time. On one occasion, Respondent asked V.L. about her cesarian section in the presence of students. On another occasion, while V.L. was on lunch duty, Respondent approached V.L., told her not to move, and leaned his body into her to adjust the air temperature. Respondent's conduct embarrassed V.L. JOHN R. SYFRETT Administrative Complaint Page 3 of 4 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 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: TheRespondent 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 rental 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(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, maritai 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(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. JOHN R. SYFRETT 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 101 2.795(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 forrms which are attached hereto and made a part hereof by reference. ate EXECUTED on this {day of , 2004. ommissioner of Education State of Florida

Docket for Case No: 05-000948PL