STATE OF FLORIDA 08 JUL. 9 EDUCATION PRACTICES COMMISSION ANI; 2 =- A pit ViSloy O¥- 2305 PL Hs Thar DR. ERIC J. SMITH, as Ab ings VE Commissioner of Education, Petitioner, vs. CASE NO. 056-2175-M JAVIS MAYS, Respondent. / Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JAVIS MAYS. The Petitioner seeks the appiopriate 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 939811, covering the area of Social Science, which was valid through June 30, 2006. - 2. At all times pertinent hereto, the Respondent was employed as a Teacher at University High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During Fall 2005, Respondent engaged in inappropriate and unprofessional conduct with or concerning students. The conduct included the following. a) Respondent sent two text messages to a minor female student, M, on or about September 23 and 25, 2005. In the second message, he requested that she not let anyone know she had his number and that she keep his number under a false name. b) In a telephone conversation with M on or about September 25, 2005, JAVIS MAYS Administrative Complaint Page 2 of 3 Respondent made inappropriate and unprofessional comments to her. Respondent’s comments included the following: he should have waited to get married; he was not attracted to a particular girl, because she was too small; he told M that she was just “right”; he told M that “my dick used to jump when I saw you” or words of similar import; he indicated that their age difference was not that great; and he stated that she looked “mature.” In response to this conversation and after the receipt of the second text message, M changed her cellular telephone number and reported Respondent to the administration of the school. c) Respondent maintained inappropriate pictures of a minor female student on his school-issued computer. The pictures included pictures of the student’s cleavage and pictures _of her in her underwear. On or about November 8, 2005, the school board terminated Respondent from his * position. The Petitioner charges: 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 Séction 1012.795(1)(), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. : COUNT3: 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 4: | 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 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- JAVIS MAYS Administrative Complaint Page 3 of 3 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 7: 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. 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 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 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. . ce. EXECUTED on this 3° day of fect _, 2008. DR. J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 08-003305PL