Bry f STATE OF FLORIDA O7 Sep, EA EDUCATION PRACTICES COMMISSION p / Av Ms Wye ; 4 f AF O?-YOKl PE Miursrioe JOHN L. WINN, as EARN VE Commissioner of Education, 2 Petitioner, YS. CASE NO. 045-1689-B DAVID JOSEPH PERKINS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Education, filcs this Administrative Complaint against DAVID JOSEPH PERKINS. The Petitioner secks 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 sct forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 760334, covering the area of Social Science, which is valid through June 30, 2009. 2, At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Cutler Ridge Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2003-2004 school year the Respondent engaged in inappropriate and unprofessional conduct in that he made scxual comments to a minor female student, touched her inappropriately and kissed the student on the cheek. 4, During the 2003-2004 school year the Kespondent engaged in inappropriate and unprofessional conduct in that he utilized his school buard issued computer to store and view approximately cighiy-four pornographic and obscene photographs of male and female subjects. At least two students in the Respondent's classroom saw one or more of these phatographs. DAVID JOSEPH PERKINS 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)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employce of the school board. COUNT3: The Respondent is in violation of Scction 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Rducation Profession prescribed by State Board of Education mules, RULE VIOLATIONS COUNT 4: 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 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(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 Lo assure that each student is protected from harassment or discrimination. COUNT 7: 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. COUNT 8: The allegations of misconduct sct forth herein are in violation of Rulc 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) DAVID JOSEPH PERKINS 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 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 ora 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 educatoc’s certificate for a period of time up to 10 years or permanently. . gu EXECUTED onthis_ /9~ day of _ A prsh. __, 2006. VAvil the JOHN L, WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-004081PL