STATE OF FLORIDA EDUCATION PRACTICES COMMISSION MO ANG -2 — 2:59 OTe 35Ye PL RATY JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-0872-D CHRISTOPHER PAUL KUSHNER, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against CHRISTOPHER PAUL KUSHNER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 102.796, 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: RIS 1. The Respondent holds Florida Educator’s Certificate 797228, covering the area of Mathematics, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Durant High School in the Hillsborough County Schoo! District. MATERTA! LE TON: 3. On or about August 31, 2004, Respondent engaged in inappropriate and unprofessional conduct with a female student. Respondent touched the student about the neck and shoulders and waist and thighs in ways which made the student uncomfortable. Respondent was arrested and charged with Battery. On or about March 22, 2006, the court adjudicated Respondent guilty of the charge. On or about September 1, 2004, Respondent resigned from his position with the schoo! board. CHRISTOPHER PAUL KUSHNER Administrative Complaint Page 2 of 3 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 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: — 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. COUNT 4: 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. COUNTS: ‘The Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 6: = 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 7: 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 8: = 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 beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. CHRISTOPHER PAUL KUSHNER Administrative Complaint Page 3 of 3 HA avG -2 P1259 WHEREFORE, based on the rcaso forth herein and in accordance with the Explanation of Rights and Election of Ri t 1S 2 attached to and made a part of this Administrative Complaint, Petitioner re ; commends that the Education Practices Commission impose an appropriate sanction agaitist 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 thc 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 cducator’s certificate for a period of time up to 10 years or pcrmanently. EXECUTED on this [yee day of A a yesh , 2006. J L. WENN, as Commissioner of Education State of Florida

Docket for Case No: 07-003546PL