STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 04551258-D MARC BURT WILSON, O 7071 q gy PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioncr of Education, files this Administrative Complaint against MARC BURT WITSON. 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 763985, covering the area of Physics, which is valid through June 30, 2007. 2. Atull times pertinent hereto, the Respondent was employed as a Science Teacher at Palm Harbor University in the Pinellas County School District. MATERIAL ALLEGATIONS 3. Between 2002 and 2004, Respondent engaged in a pattern of inappropriate and unprofessional conduct with students. Respondent constantiy made abusive and disparaging comments to or about students in the presence of their peers. The students perceived these comments as hostile, intimidating or offensive. His comments included, but were not linited to, insults to the students’ intelligence, religion, nation of origin, and character, as well as sexual innuendo. Respondent made a male student who was injured and wearing an ankle brace perform an experiment which required the student to jump off a desk. He required students to “weigh in” and MARC BURT WILSON Administrative Complaint Page 2 of 4 reveal their weight to the entire class. Respondent made constant remarks about the appearance of female students and moved at least one female student he considered particularly attractive to a seat in front of his desk. Respondent preferred to have attractive female students assist him in class demonstrations. Respondent touched female students in a manner that made them fecl uncomfortable. Respondent threatened students with retaliation should they complaint to administrators. 4. Between 2002 and 2004, Respondcnt engaged in a pattern of inappropriate and unprofessional conduct with colleagues and parents. Respondent was verbally abusive to colleagues and parents. Respondent’s conducted included yelling at the department chair in the presence of others about his teaching assignment and attacking the character of the chatr in discussions with other members of the staff. 5. In August 2002 and January 2003, Respondent slapped R.H., a female collcague, on the buttocks. In August 2004, Respondent approached R.H. in an aggressive manner with his fists clenched. As R.H. backed up to the doorway, she put hcr hands up to protect herself. Respondent reached out and brushed against her neck and chest. Respondent then closed the door on R.H.. 6. Effective December 30, 2005, Respondent retired from 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)(£}, 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. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth hercin 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. MARC BURT WILSON Administrative Complaint Page 3 of 4 COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(c), 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, marital 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 arc 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 cach individual was protected from such harassment or discrimination. COUNT 9; The allegations of misconduct set forth herein arc in violation of Rule 6B- 1.006(5)(c), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. MARC BURT WILSON Administrative Complaint Page 4 of 4 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission imposc an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes, The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this_Q/=+ day of , 2006. Commissioner of Education State of Florida

Docket for Case No: 07-000798PL