STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN LE. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 056-0989-1 DAVID ALAN MORGENSTERN, Ol - | ¢ 0 PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner af Education, files this Administrative Complaint against DAVID ALAN MORGENSTERN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to Sections 1012.795 and 1012.796, Flonda 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: JURISDICTLO 1. The Respondent holds Hlorida Educator’s Certificate 838318, covering the area of Varying Execeptionalities, which is valid through June 30, 2010. 2, At all times pertinent hercto, the Respondent was employed as an Exceptional Student Education Teacher at Deerfield Beach Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. Beginning on or about November 1, 2003, and continuing through and including November 30, 2004, Respondent engaged in inappropriate and unprofessional conduct with K.B., a minor, mentally challenged female, whose date of birth is September 17, 1989. Respondent's conduct with K_B. included, but is not limited to, inappropriate touching, kissing, and showering together. Respondent massaged and bit K.B.'s breasts and massaged her “private area.” K.B. masturbated Respondent. Effective August 11, 2005, Respondent resigned his position with the school district. Thereafter, school district officials placed him on non-rchire status. DAVID ALAN MORGENSTERN Administrative Complaint Page 2 of 2 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 10)2.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employce of the school board. WHEREFORE, based on the reasons sci 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 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. ‘he 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 Zlo day ot Ocrlebar 2006. wae. as — Commissioner of Fducation State of Florida

Docket for Case No: 07-001620PL