STATE OF FLORIDA COS EDUCATION PRACTICES COMMIGSIP3E — 6 pit 19: gj JOHN L. WINN, as Commissioner of Education, Petitioner, BS So Ma ON 4 vs. CASE NGeRAseV {Th B25 y OD MICHAEL R. JOSAPAK, uw = . = ms 2 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against MICHAEL R. JOSAPAK. 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 817905, covering the area of Social Science, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at St. Petersburg High School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. During 1999, the Respondent was investigated by Professional Practices Services for a 1997 Driving Under the Influence charge. On or about June 5, 2000, the Commissioner of Education found no probable cause to deny issuance of his Florida Educator's Certificate. (PPS Case No. 990-0679-LA). During the 2001-2002 school year, the Respondent engaged in an inappropriate relationship with a student, J.G. He took J.G. to his house, allowed her to spend several nights there, consumed MICHAEL R. JOSAPAK Administrative Complaint Page 2 of 3 O5APR~6 PHI2:01 alcohol with her, had sexual intercourse with her on numerous occasions and smoked marijuana with her. J.G. isa female student whose date of birth is November 10, 1985. On or about March 2, 2002, he was arrested and charged with Unlawful Sexual Activity with a Minor. The charge was later changed to Sheltering an Unmarried Minor. On or about July 10, 2003, the Respondent was found guilty by jury. The judge withheld adjudication and sentenced him to twelve (12) months probation, 200 hours community service, court costs and fines. The Respondent's contract with the Pinellas County School District was not renewed in June 2002. 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: 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 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. COUNT 5: 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. MICHAEL R. JOSAPAK. Administrative Complaint 05 APR-6 PHI2: 0} 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 45% day of (2% ber, 2004. JR A) A JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-001261PL