STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-3275-F KEVIN B. FULP, {1- GoY4 PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against KEVIN B. FULP. 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 toRule 6B- L. 006, Florida Administrative Code, Principles. of Professional ondunt for 1012.796(7), Florida Statutes. The Petitioner alleges: ific cn Ss iN (Ok ; sen wh r’s Cert \ cane CES Nt \0' History and Social Science, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Jefferson Davis Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school year, Respondent accessed pornographic or other inappropriate Internet sites using a school-issued computer. On at least one occasion, students observed Respondent on these sites. Respondent’s access of the material throughout the school year was in violation of school board policy. Effective April 26, 2005, Respondent resigned his position with the school board. KEVIN B. FULP Administrative Complaint i001 HAY -"1 A Ih 32 Page 2 of 3 STATUTE VIOLATIONS 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 effectiveness as an employee of the school board. COUNT3: 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 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. KEVIN B. FULP Administrative Complaint Page 3 of 3 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 Comunission 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 certificate for a period of time up to 10 years or permanently. EXECUTED on this 3 rd day of Ll ONe ¢ , 2006. A tho HN L. WINN, as Commissioner of Education State of Florida _—— ig SNS" Ae _ FLORA a ae BEY L~ Aw rey

Docket for Case No: 07-001964PL