OT-SalePU STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN as Le & Commissioner of Education, J F dp, Petitioner, ; “by £2 vs. CASE NO«03422358-4¢ Go 4 DAVID J. WILLIAMS, GSI Oe “ / ¥ Ves “by, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, liles this Administrative Complaint against David J. Williams. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant to Scctions 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 specilically 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 814310, covering the area of Varying Exceptionalities, which is valid through June 30, 2007. 2, At all times pertinent hercta, the Respondent was employed as an Exceptional Student Education Teacher in the Volusia County Svhool District. MATERIAL ALLEGATIONS 3. During the 2002-2003 school ycar, Respondent allowed a student who had previously been gjected from a basketball game, and whom he thought would be suspended for seven (7) days by the Florida High Schools Activities Association, to play using the name and number of a former player who had left the team earlier in the scason. Additionally, Respondent attempted to cover-up the aforementioned action. On or about April 21, 2003, Respondent received a written reprimand for his conduct and was notified that he was ineligible to coach any sport in the Volusia County School District until the 2005-2006 school year. 4, On or about October 22, 2005, Respondent failed to follow testing procedures for the examination administration of the Florida Educational Leadership Examination (FELE) DAVID J. WILLIAMS Administrative Complaint Page 2 of 3 Subtest One. Respondent was observed completing the section of the answer sheet for Subtest One after time was called. On or about November 22, 2005, Respondent was notified thal he had been assigned a score of invalid “INV” lor the KELF Subtest One and that he would need to take it again. STATUTORY VIOLATIONS COUNT 1; The Respondent is in violation of Section 1008.24(1), Florida Statutcs, in that Respondent knowingly and willfully violated test security rules adopted by the State Board of Education for mandatory tests administered by or through (he State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by schoul districts pursuant to s, 1008.22. COUNT 2: The Respondent is in violation of Section 1008.24(1)(£), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals. COUNT 3: ‘The Respondent is in violation of Section 1008.24(1)(g), Florida Statutes, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of the acts prohibited in this section. COUNT 4: — 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 mora] turpitude. COUNT 5: The allegations of misconduct set forth hercin are in violation of Section 1012.795(1)(D), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 6: The allegations of misconduct sct forth herein are in violation of Section 1012,795(1)(i), Florida Statutes, in that Respondent has violated the Principles of’ Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 7: — The allegations of misconduct sct forth herein are in violation of Rule 6A- 10.042(1)(f), Florida Administrative Cade, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged an activity which resulted in the inaccurate measurement or reporting of the examinees’ achievement. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(a), Florida Administrative Code, in that Respondent failcd to make a reasonable effort DAVID J. WILLIAMS Administrative Complaint Page 3 of 3 to protect a student from conditions harmful to learning or to the student’s mental health or physical safety. COUNT 9: The allegations of misconduct set forth herein arc in violation of Rule 6B-1.006(3)(e), Florida Administrative Code, in that Respondent intentionally exposed a student to embarrassment or disparagement. COUNT 10: — The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT Ll: — The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(5)(a), Florida Administrative Code, in that Respondent failed to maintain honesty in all professional dealings, COUNT 12: ‘The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 cducator’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 arc not limited to, any onc of 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 cducator’s certificate for a period of time not to exceed live years; revoking the Respondent’s educator's cerlilicate for a period of time up to ten years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to ten years or permanently. EXECUTED on this Z bo day of Occeb er 2006. [foil John L. Winn, as Commissioner of Education, State of Florida

Docket for Case No: 07-005218PL