& STATE OF FLORIDA CO) yyy EDUCATION PRACTICES COMMISSION fe HS} JOFIN L. WINN, as AR os SFiy Commissioner of Education, Petitioner, 0 “| - [ G Tle ? (L vs. Case Number: 045-3027-V LEROY JAMES GIBBS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Education, files this Administralive Complaint against LEROY JAMES GIBBS. The Petitioner seeks the appropriate disciplinary sanction ofthe Respondent's educator's certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 6B-1006, 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 halds Florida educator's certificate 525309, covering the area of Music which was valid through June 30, 2005. 2. At all times pertinent hercto, the Respondent was employed as a Band Teacher at Dillard High School in the Broward County School District. MATERIAL ALLEG ON 3. During the 1986-1987, 1987-1988 and 1988-1989 school years, the Respondent engaged in an inappropriate personal relationship with a minor female student. The relationship included numerous occasions in which the Respondent had sexual contact and sexual intercourse with the student at various hotels, in his automobile and on school grounds. The Respondent also videotaped a number of their sexual encounters. LEROY JAMES GIBBS Administrative Complaint Page 2 of 3 4. The sexual relationship between the Respondent and the student continued unti] the student broke off the relationship afler her graduation from high school. When the student ended their relationship the Respondent physically abused her and subsequently stalked her. STATUTE VIOLATIONS COUNT 1. The allegations of misconduct set forth herein are in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral lurpitude. COUNT 2. ‘The allegations of misconduct set forth herein are in violation of Section 1012.795(1)G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3. The allegations of misconduct sct 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 safety. COUNT 4. The allegations of misconduct set forth herein are in violation of Rule 6B- | .006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 5. The allegations of misconduct set forth herein ure in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) LEROY JAMES GIBBS Administrative Complaint Page 3 of 3 WHEREFORE, bascd 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 Practiccs 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 nol 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 St day of FLbruary 2006. loo JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-001976PL