en STATE OF FLORIDA F iL E D EDUCATION PRACTICES COMMISSION OT: BYdT PE JOHN L. WINN, as A DHA{SION oF | ommissioner of Education, HE ARI Mi ty! VE Petitioner, VS. CASE NO. 045-3295-T DANIEL W. GARDINER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DANIEL W. GARDINER. 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 726297, covering the areas of Biology and Technology Education, which was valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Technology Teacher at Fort Clarke Middle School in the Alachua County School District. MATERIAL ALLEGATIONS 3. On or about December 22, 1999, Respondent entered a restricted area in a state park to engage in sexual activily, Respondent was issued a notice to appear on the charge of T: Trespass im Restricted Area. On or about July 11, 2000, the state attorney's office nolle prossed the case following Respondent’s completion of a pre-trial intervention program. 4. On his application for a Florida Educator’s Certificate dated January 18, 2002, Applicant failed to acknowledge his criminal background as required by Florida law and in conflict DANIEL W. GARDINER Administrative Complaint Page 2 of 4 with his sworn statement on the application that all information provided was true, correct and complete in that he failed to acknowledge his 1999 charge. 5. On orabout November 5, 2004, the Education Practices Commission (EPC) accepted a Settlement Agreement between Respondent and the Commissioner of Education in Professional Practices Services Case Number 012-0316-A (EPC Case Number 02-0494-RT). Part of the underlying allegations in the Administrative Complaint dealt with inappropriate or unprofessional conduct with or comments to students. As part of the Settlement Aprecment, Respondent was placed on two years probation. 6. During the 2004-2005 school year, Respondent repeatedly engaged in inappropriate and unprofessional conduct with students and parents. Respondent regularly intimidated, mocked, and humiliated students in class. More specific examples of Respondent's inappropriate conduct are outlined below, A. Respondent insulted D.F., a male student, yanked a book from his hand and threw it in the garbage. As a result, D.F, was moved to another class in December 2004. B. In February 2005, Respondent directed an obscene gesture at a parent in the parking Jot of the school. Respondent's action was witnessed by one or more students, c. On or about March 15, 2005, Respondent put his forehead to the forehead of A.D., a female student, resulting in a raised bump on her forehead. D. On or about March 22, 2005, Respondent inappropriately disciplined J.Q., a sixth grade, female student. Respondent grabbed J.Q. by her backpack causing her to fall against a wall. E. On or about April 20, 2005, Respondent removed the backpack of T.H., a male, student, by force and tossed it across the room, F, On or about April 29, 2005, Respondent grabbed a doughnut from the hand of K.M., a male student, making or causing physical contact with the student in the proccss. Tn September 2005, Respondent entered into an agreement with the schoo! board in which he resigned his position. 7. During the pendency of the school district’s investigation of the April 29, 2005, event noted above, Respondent repeatedly violated lawful directives issued by superiors concerning his presence on school board property and contacting school board employces. DANIEL W. GARDINER Administrative Complaint Page 3 of 4 8. Respondent’s actions during the 2004-2005 school year are in violation of the EPC Final Order entered in November 2004. As part of the settlement agreement, Respondent agreed at paragraph 5.(d) and (e) to “violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 6B-1.006" and “satisfactorily perform his assigned duties in a competent, professional manner.” 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 Respondentis in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty ofpersonal conduct which seriously reduces his ctlectiveness as an employee of the school board, COUNT3: 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. COUNT 4: The Respondent is in violation of Section 1012.795(1)(k), Florida Statutes, in that Respondent has violated an order of the Education Practices Commission, RULE VIOLATIONS COUNT 5: 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 6: 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 7: The allegations of misconduct set forth herein 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 responsibilitics or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, fatled to make reasonable effort to assure that each individual was protected from such harassment or discrimination. DANIEL W. GARDINER Administrative Complaint Page 4 of 4 COUNTS: The Respondentisin violation of Rule 6B. 1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. WHEREFORE, based on the rcasons 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 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 certificate for a period of time up to 10 years or permanently, EXECUTED on this \+ day of Aue ek , 2006. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-003499PL