EM STATE OF FLORIDA ic - EDUCATION PRACTICES COMWHSSION JOHN L. WINN, as Commissioner of Edu cation, Petitioner, vs. CASE NO. 034-2598-M DAVID HUGH MENKE, Respondent. OS ~ | ei i L ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DAVID HUGH MENKE. 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: 7: : JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 826244, covering the areas of Chemistry and Physics, which is valid through June 30, 2007. 2. At all times pertinent hereto, Respondent was employed as a teacher at Poinciana Elementary School in the Palm Beach County school district, and Coral Springs High School in the Broward County school district, MATERIAL ALLEGATIONS 3, On or about August 30, 2001, Respondent inappropriately disciplined and humiliated two third grade students during aplanetarium show. When Respondent noticed that a female student had fallen asleep, he poured water on her head until she awoke. The other students laughed at her. The student felt angry, humiliated, and confused, and left the theater. When respondent noticed that a male student had falien asleep as well, he also poured water on his head until he awoke. Respondent then told the student to sit in a chair at the front of the theater. The student sat and cried -7 AMAL: 05 . DAVID HUGH MENKE 95 HOV ' Administrative Complaint Page 2 of 6 silently while the class laughed at him. On or about August 31, 2001, Respondent was Tude to the parent of one of the children whom he had poured water on, and said that he would do the same thing again, The school board Suspended Respondent for five days without pay. 4. On or about April 17, 2002, Respondent made inappropriate and demeaning comments to several third and fourth grade students, which included responding inappropriately to a student’s comment about suicide, making fim of another student’s appearance, and telling the students that even if they did not leam anything he would still get paid, or words to that effect. 5. On or about April 21, 2002, Respondent notified school administration that he would begin taking sick leave on a day-to-day basis, without indicating how long he would be out or when he would’be back. Respondent was not reappointed for the 2002-2003 school year. 6. During the fall of 2003, Respondent en gaged in a pattern of inappropriate conduct toward students, includin 'g, but not limited to: a. sending instant messages over the internet to S.W., J.M., S.S., and C.F., 17- year-old female students, which included discussions of sex and drinking alcohol, and asking the students specific questions about their experience in those areas (for example, if they were virgins, if they had ever had an orgasm, suggesting bringing oranges spiked with vodka to school for them, etc.); b. lowering the grades of S.W. and C.F. when they rejected his advances or reported his instant message conversations to school personnel; / c, discussing students’ ppearance in a derogatory manner with other students, as well as discussing their grades and personal lives (for example, “the bitch who sits in the back row with the red hair and pimples on her face,” “can’t tell the difference between her pimples and her nipples,” or words to that effect); d. making derogatory comments to students about other teachers and administration; and e. posting crude, vulgar, and sexually explicit “bathroom” humor and references to drug use on Respondent’s website, which students used to access homework, lab assignments, and class rules, 7, On or about October 13, 2003, the school board placed Respondent on administrative assignment out of the classroom. Over the next several months, Respondent began a campaion of retaliatory behavior that included, but was not limited to: DAVID HUGH MENKE Administrative Complaint Page 3 of 6 a. updating his website almost daily to include retaliatory remarks, pictures, and poems directed toward S.W. and an assistant principal at the school; b. continuing to send instant messages to students about the case and the investigation; about the school district, and referring to school administration as “Saddam Hussein- Style oppression” and to himself as “E] Cid” in a “campaign to rid his nation of infidels,” d. referring to S.W.as “traitor,” “lady loser,” “whore,” “street walker,” “bitch,” and other derogatory terms, making demeaning remarks about 8.W.’s boyfiend being her “black slave” and saying that S.W. was a “hoe” with “black dix as custoniers,” or words to that effect; €. referring to the substitute teacher who replaced him in the classroom as “Little Miss Muffett,” callin g her stupid, borin S, past her prime, and overly anal, and saying she could not speak English; and f encouraging students who supported him to treat S.W. badly and to ignore the assistant principal’s directive not to discuss the on Soing investigation, Respondent’s behavior following his reassignment resulted in disruption to the education process at the scheol, and to S.W. being-ostracizedeby her peers. STATUTE VIOLATIONS eck tti ist MOLATIONS COUNT1: 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 Respondent isin violation of Section 1012.795(1)(®), Florida Statutes, in that Respondent has been found guilty of personal conduet which seriously reduces his effectiveness as an employee of the school board. COUNT3: The Respondent isin 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. H(}:05 - DAVID HUGH MENKE Administrative Complaint Page 4 of 6 OS NOV-7 & RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida A, ministrative Code, in that Respondent has failed to make reasonable effort fo protect the student from conditions harmful to leaming and/or to the student’s mental health and/or physical health and/or safety, COUNTS: 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 €xposed 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)(£), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights, COUNT7: 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 shal] COUNTS: 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 telationship with a student for personal gain or advantage, COUNT9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(@), Florida Administrative Code, in that Respondent has failed to keep in confidence personally identifiable information obtained in the course of professional Services, unless disclosure Serves professional purposes or is required by law, COUNT 10: 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 11: 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 COUNT 12: 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 DAVID HUGH MENKE Administrative Complaint Page 5 of 6 personal gain or advantage. COUNT 13: 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, COUNT 14: 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 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. COUNT 15: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague, COUNT 17: The Respondent is in violation of Rule 6B-4,009(2), Florida Administrative Code, in that the Respondent has been guilty of immorality, immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community. (SIGNATURE ON FOLLOWING PAGE) DAVID HUGH MENKE Administrative Complaint Page 6 of 6 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 4 dayor A uyest 2005, Aor th JOHN L. WINN, as Commissioner of Education State of Florida GOrllHy L- AQH SO

Docket for Case No: 05-004189PL

Orders for Case No: 05-004189PL