CILER STATE OF FLORIDA a7 GT 19 EDUCATION PRACTICES COMMITSSION 0) AK I: 36 I Vre OTE DPE “itso JOHN L. WINN, as TE ARIMA ea VE Commissioner of Education, Petitioner, VS. CASE NO. 012-1436-M ROBERT C. JENNINGS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ROBERT C. JENNINGS. 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 753744, covering the area of Social Science, which is valid through June 30, 2007, 2. At all times pertinent hereto, the Respondent was employed as a Teacher in the St. Lucie County and Broward County School Districts. MATERIAL ALLEGATIONS 3. On or about October 13, 1996, Respondent was arrested and charged with: Count 1 - Resisting Arrest Without Violence; and Count 2 - No Driver’s License. On or about November 20, 1996, Respondent pled no contest. The court adjudicated Respondent guilly of Count 2, and withheld adjudication of guilt as to Count 1. Respondent failed to report the disposition of his case to the school district. 4. On his initial application for a professional license dated December 16, 1997, and on his renewal application dated November 20, 2001, Respondent failed to disclose his criminal history, ROBERT C, JENNINGS Administrative Complaint Page 2 of 4 and swore to the truth of his answer of “No” to the question, “Have you ever been convicted, found guilty, had adjudication withheld, entered a pretrial diversion program, or entered a plea of guilty or nolo contendere (no contest) lo a criminal offense other than a minor traffic violation?” 3. On or about June 12, 2001, Respondent engaged in inappropriate conduct by grabbing K.H., a female teacher, in the parking lot of Boyd Anderson High School, pushing her against a wall, and hitting her in the face at least twice. On or about January 9, 2002, the school district issued Respondent a letter of reprimand, and required Respondent to complete Anger Management counseling through the Employee Assistance Program. On or about December 11, 2002, after several written notices to comply, the district found that Respondent was insubordinate in his failure to complete Anger Management counseling, and suspended him for ten days without pay. 6. On or about March 13, 2004, Respondent verbally threatencd and attacked an unknown person, causing the victim's shoulder to be dislocated. Respondent was arrested and charged with Battery. The state attorney dectined to file an information. 7. On or about December 10, 2004, Respondent drove while knowing his drives license had been suspended, with marijuana in his possession, Whcn Respondent was stopped by law enforcement, he attempted to chew and swallow the marijuana and flee from the scenc, Respondent was arrested and charged with: Count 1 - Tampering with Evidence; Count 2 - Possession of Cannabis; Count 3 - Resisting Arrest Without Violence; and Count 4 - Driving While License Suspended with Knowledge. The state attorney filed information on Counts 2 through 4, On or about June 6, 2005, Respondent pled nolo contendere, and the court withheld adjudication on all three counts. Respondent failed to report his arrest to the school district, On or about June 27, 2005, Respondent entered into a Disciplinary Action Agreement with the school district, requiring him to complete substance abuse counseling through the Employee Assistance Program prior to the start of the 2005-2006 school year, and placing him on two years’ probation. 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 tralfic violation. COUNT 3: The Respondent is in violation of Section 1012.795(1)(4), Florida Statutes, in that Respondent has been found guilly of personal conduct which seriously reduces his effectiveness as an employee of the school board. ROBERT C. JENNINGS Administrative Complaint Page 3 of 4 COUNT4: The Respondents 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. COUNTS: The Respondent is 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. 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 unrcasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNTS: The Respondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. COUNTS: — The Respondentis in violation of Rule 6B,1006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering ola plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment, When handling sealed and expunged records disclosed under this rulc, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes. COUNT 10: The Respondent is in violation of Rule GB-4.009(2), Florida Administrative Code, in that the Respondent has been guilty of immorality. Immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or ROBERT C. JENNINGS Administrative Complaint Page 4 of 4 disrespect and impair the individual's service in the community. WHEREFORE, based on the reasons set forth herein and in accordance with (he 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 Fducation 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 cducalor’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 A! day of Otrber’ _, 2008. fohoilte JOH L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-004630PL