STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-1219-B ANDRE L. GRANT, Respondent. ) 0D [- OY70 p - ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ANDRE L. GRANT. 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 574612, covering the areas of Educational Leadership, Foreign Language-French, Physical Education and Middle Grades, which is valid through June 30, 2008. 2. At all times pertinent hercto, the Respondent was employed as a Physical Education Teacher at 500 Roic Mode! Academy in the Miami-Dade County School District. TERIA! LEGATIONS 3. On or about September 14, 2004, Respondent forcefully grabbed P.W., a fourteen- year-old, male student, and slammed P.W.’s head into a wal! resulting in pain and contusions. On or about November 29, 2004, Respondent’s principal issued a letter of reprimand and a directive to Respondent with regard to this incident. 4, On or about December 16, 2004, Respondent placcd K.P., a male student, in a ANDRE L. GRANT Administrative Complaint Page 2 of 3 headlock and slammed K.P.’s head into a wall. 5. On or about January 20, 2005, Respondent attempted to subdue a male student, H.L., by grabbing him by the shirt. When HLL tried to escape by removing his shirt, Respondent grabbed him by the neck and choked him. 6. During the 2004 - 2005 school year, Respondent repeatedly entered the girls locker room while female students were showering and in various states of undress. 7. On or about January 24, 2005, Respondent was placcd on alternative assignment. On or about April 14, 2005, Respondent's school board, after a review of Respondent’s record, issued Respondent a set of directives including but not limited to directives to reftain from inappropriate physical or verbal contact with students and use of physical contact to affect student behavior. 8. On or about June 30, 2005, the district placed Respondent on non-rcappointment status. 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 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 effectivencss as an employee of the schoal board. COUNT 3: The Respondent is in violation of Section 1012.795(1)(), 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 harmful 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)(e), Florida Administrative Code, in that Respondent has intentionally exposcd a student to unnecessary embarrassment or disparagement. ANDRE L. GRANT Administrative Complaint Page 3 of 3 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WHEREFORE, based on the reasons set forth hercin 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 impose an appropriate sanction against the Respondent’ s educator’s certificate pursuant to the authority provided in Sections !012.795(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 cducator’s certificate for a period of time up to 10 years or permanently. EXECUTED onthis Zle dayor October _, 2006. (Ua JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-000970PL