AX ATTY PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 056-0213-B MICHAEL W. GIVENS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Adrninistrative Complaint against MICHAEL W. GIVENS. 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 712617, covering the areas of Elementary Education, English to Speakers of Other Languages, Social Science, and Gifted, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at South Pointe Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about November 19, 2004, Respondent was involved ina single-vehicle crash as a result of driving westbound in the eastbound lanes of an interstate. Respondent was driving under the influence of alcohol or drugs. In addition, Respondent was illegally in possession of Ketamine, Butanediol, and Methamphetamine, each of which is a scheduled controlled substance. In County Court, Respondent was charged with Driving Under the Influence. In or around April 2005, Respondent pled nolo contendere to a reduced charge of Reckless Driving, in violation of section 316.192(1), Florida Statutes. In Circuit Court, Respondent was charged with Possession MICHAEL W. GIVENS Administrative Complaint Page 2 of 3 of Controlled Substances and Possession. of Drug Paraphernalia. On or about December 14, 2005, the state attorney’s office dropped these charged by nolle prosequi. 4. In or around December 2005, Respondent possessed lewd or inappropriate pictures and stored these pictures in a box in his classroom, where the pictures were potentially accessible to students. 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 Section 1012.795(1)(), 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 3: | 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. (SIGNATURE ON FOLLOWING PAGE) MICHAEL W. GIVENS 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 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. aA. EXECUTED on this \he*~ day of Sonnory 2008. Commissioner of Education State of Florida

Docket for Case No: 08-003774PL