a SlOH STATE OF FLORIDA ; EDUCATION PRACTICES COMMISsIO®” FEB 7 PM 2: 06 JOHN L. WINN, as Commissioner of Education, Petitioner, Od. Ad 2{ PL vs. CASE NO. 023-0246-M MICHAEL A. MITCHELL, Respondent. ADMINISTRATIVE COMPLAINT pia * Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Camplaint against MICHAEL A. MITCHELL. 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 715339, covering the areas of History and Social Science, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at John F. Kennedy Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 1999-2000 schoo! year, Respondent engaged in inappropriate, unprofessional conduct with T.S., a female student whose date of birth 1s April 29, 1983. Respondent dated T.S. fora period of time. Respondent and T.S. went to Respondent's house where they engaged in heavy petting. T.S. refused Respondent’s requests for intercourse. 4, Beginning on or about January 2000, Respondent began an inappropriate, unprofessional relationship with T.P.. a female student whose date of birth is March 19, 1984. eHICES S10 VICHABL A. MITCHELL OS FEB 17 PM 2: O§Aministrative Complaint Page 2 of 4 Beginning in January or February 2000, Respondent’s relationship with T.P. included intimate physical contact several times a week. In April 2000, T.S. ran away from home for about a week. During this ime, T.P. stayed with Respondent. Respondent knew that T.P. was a reported runaway Juvenile and failed to report her to the proper authorities. At Respondent’s insistence, T.P. withdrew from school in the summer of 2000. T.P. became pregnant in August 2000 with Respondent’s child, who was born in May 2001. Respondent and T.P. married in September 2000. Respondent and T.P, are now divorced. 5. During the first investigation of Respondent’s relationship with T.P. in the spring of 2000, Respondent willfully and knowingly provided false statements to investigators about his relationship with T.P. Further, Respondent contacted T.P. prior to her interview and convinced her to provide false statements as well to protect his job. Respondent’s actions obstructed an official investigation. 6. During the second investigation of Respondent’s relationship with T.P. in the fall of 2001, Respondent willfully and knowingly provided false statements to investigators about his relationship with T.P. Further, Respondent contacted T.P. after he was interviewed and asked her to provide false statements as well. Respondent’s actions obstructed an official investigation. 7. On or about November 15, 2001, the school district placed Respondent on administrative leave. On or about June 10, 2002, Respondent resigned his position with the school board. 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: 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. COUNT 4: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. MICHAEL A. MITCHELL Administrative Complaint Page 3 of 4 RULE VIOLATIONS COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student from independent action in pursuit of learning. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- .006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 8: _ The allegations of misconduct set forth herein are in violation of Rule 6B- .006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4i(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect pudlic expression. COUNT 10: The allegations of misconduct set forth herein are in v:olation of Rule 6B- 1,006(5}(a), Florida Administrative Code, in that Respondent has failed to mzintain honesty in all professional dealings. COUNT 11: 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. 90:2 Hd Li 93460 MICHAEL A. MITCHELL Adininistrative 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. ree EXECUTED on this 25% dayot__(C@tther- _, 2004. at s LMA 24 ~ TOHN L. WINN, as * Commissioner of Education State of Florida 90:2 Wd L199450

Docket for Case No: 05-003221PL