STATE OF FLORIDA EDUCATION PRACTICES COMMISSION SOHN L. WINN, 2 OT-SUSLPL Commissioner of Education, Petitioner, vs. CASE NO. 034-0102-M THOMAS G. FOX, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against THOMAS G. FOX. 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-!.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 lL. The Respondent holds Florida Educator's Certificate 499545, covering the areas of Mathematics and Physical Education, which is valid through Junc 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Jeaga Middle School in the Palm Beach County Schoo! District. MATERIAL ALLEGATIONS 3. On or about October 25, 1999 the Respondent utilized inappropriate and excessive physical force on a minor female student in that he hog-tied the student. 4. During December 1999, through February 2000 the Respondent was simultaneously employed by the Department of Juvenile Justice and by Palm Beach County School District. During this time period he was absent without leave from onc of his positions due to his employment in the other, and submitted two fraudulent doctor's notes in order to justify his absences. THOMAS G. FOX Administrative Complaint Page 2 of 3 STATUTE VIO! iN COUNT 1: — 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. RULE VIOLATIONS COUNT 2: — The allogations of misconduct set forth herein are in violation of Rulc 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 3: The allegations of misconduct set forth herein are in vivlation of Rule 6B- 1,006(S}{a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT4: — 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)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in one's own or another’s application for a professional position. (SIGNATURE ON FOLLOWING PAGE) THOMAS G. FOX 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 rcspectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s cducator’s certificate pursuant to the authorily 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 canibination 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 AYO? day of faz | , 2006. s ~ wait L. WINN, as Commissioner of Education Statc of Florida

Docket for Case No: 07-005657PL