STATE OF FLORIDA, Ep EDUCATION PRACTICES COMMISSION OS HAR 30 PH 2:53 rts APR-1 ATE HT JOHN L. WINN, as OIVISIGN OF - Commissioner of Education, ADMINISTRATL Yo HEARINGS Petitioner, vs. CASE NO. 023-2013-M WAYDE LEE KING, OS - [212 FC Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against WAYDE LEE KING. 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 574635, covering the areas of Mathematics, Middle Grades and Business Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Congress Middle School in the Palm Beach County School Disirict. MATERIAL ALLEGATIONS 3. During the 2001-2002 and 2002-2003 school year, the Respondent engaged in inappropriate conduct with colleagues and students. These incidents include. but are not limited to: a) referring to his principal, C.B., as a “racist,” or words to that effect, at a community meeting; H WAYDE LEE KING OSHAR 30 PH 2:53 Administrative Complaint : Page 2 of 3 b) accusing C.B., in a local newspaper article, of being an ineffective principal, or words to that effect; c) verbally abusing the principal during a disciplinary meeting; d) disrupting a faculty meeting and verbally abusing a school resource officer; e) undermining the authority of school officials by encouraging students not to "listen" to them or other "white people," or words to that effect. On one occasion, a parent volunteer asked the Respondent's students why they were milling around the common area and notin class. One student replied: "Why are you messing with me? Because I'm black?” or words to that effect. f) criticizing colleagues and the administration in class, g) failing to teach his assigned curriculum; h) allowing students to take breaks in the common area while he talked on his cell phone; i) calling an assistant principal, S.B., who is African-American, a "house nigger" and "Uncle Tom." or words to that effect; j) calling an assistant principal, T.J., who is African-American, a "bouse nigger;" or words to that effect; k) playing, in class, tapes of two (2) disciplinary meetings he had with C.B.. 1) accusing a food server of giving a student too small a portion because the student was African-American, and then verbally abusing the food server; m) invading the personal space of colleague J.R. and stating "J know where you live," or words to that effect, in a threatening manner. As a result, J.R. was extremely upset and shaken. 2. On or about September 10, 2001, the Director of Professional Standards issued a verbal reprimand to the Respondent. On or about December 3, 2002, the Respondent was reassigned to his residence with pay pending the outcome of a district investigation. Attempts by the district to contact the Respondent on or about December 16, 2002 at his residence during duty hours failed because the phone number had been disconnected. Attempts by the district 19 contact him by his cell phone number and his attorney also failed. On or about December 16, 2002, he was issued notification that he was being reassigned to the Real Estate Planning Office sending permanent placement. He failed to report to work. His name was submitted to the Palm Beach County School Board at its next meeting in order for his resignation to be accepted. The Respondent filed a lawsuit WAYDE LEE KING OSHAR 30 PH 2:53 Administrative Complaint Page 3 of 3 against the Palm Beach County School District, alleging, inter alia, discrimination and violation of the Civil Rights Act of 1964, as amended. The case was settled in mediation and the Respondent resigned from employment. 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)(4), 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 Respondentis 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 narmful 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)(b). Florida Administrative Code, in that Respondent has exploited a relationship with a student for persona] gain or advantage. COUNT 6 : The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4}(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. COUNT 7: 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 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 , WAYDE LEE KING OS HAR 30 PH 2:53 Administrative Complains age 40 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. COUNT 9: The allegations of misconduct set forth herein are in viclation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. 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 10 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 pait hereof by reference. EXECUTED on this / f % day of , 2005. “/ 14724~_ TOHNL. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-001212PL