i I i ye Ue oe Eo 3 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ye JOHN L, WINN, as I Oy Commissioner of Education, at SF RA iVE Petitioner, vs. CASE NO. 034-0334-D GARY B. CLARK, (T-[r4 Pl Respondent. f ADML y PL. Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint against GARY B. CLARK. 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: £ SD. TON 1. ‘The Respondent holds Florida Educator’s Certificate 525892, covering the area of Elementary Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Dean of Students at Booker Middle Schoo! in the Sarasota County School District. MATERIAL ALLEGATIONS 3. During the 2002 - 2003 school year, acting in the role of Dean of Students, Respondent fostered an atmosphere of fear and intimidation among teachers under his supervision. Respondent harassed his colleagues and jeopardized their safety. Respondent discriminated against students, basing discipline on race and gender. Respondent’s behavior is evidenced by the following: A. Respondent had repetitive walk throughs, standing and staring at teachers, refusing to reply when they addressed him. GARY B, CLARK Administrative Complaint Page 2 of 3 B. Respondent operated a golf cart at high speeds, aiming at groups of female teachers to make them jump out of the way. C. Respondent retaliated against teachers who complaincd about his tactics by causing them to lose summer teaching privileges or moving them from their classroom to a portable. D. Respondent discouraged teachers from submitting referrals on disruptive students. E. Respondent dispensed discipline to students on an unequal basis, with Black males receiving little or no consequences for their actions. F. Respondent has created an atmosphere of hostility and distrust as evidenced by comments from 11 out of 12 employees who were interviewed regarding the situation. STATUTE VIOLATIONS COUNT it: 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)(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 rcasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental heaith 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)(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 belict’s, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that cach student is protected from harassment or discrimination. COUNT 5: The allegations of misconduct set forth hercin 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 GARY B. CLARK Administrative Complaint Page 3 of 3 discrimination. COUNT6: The Respondent is in violation of Rulc 6B. !006(5)(0), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Elcction 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 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 ccrtificate for a period of time up to 10 years or permanently. EXECUTED on this Zle dayof_Qctoboer 2006. a tte Commissioner of Education State of Florida

Docket for Case No: 07-001619PL