STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as O ¥ 520 & pL Commissioner of Education, Petitioner, vs. CASE NO. 078-0487-A STEVEN JOEL PARTAIN, Respondent. i \ | G2 190 6002 aa . ADMINISTRATIVE COMPLAINT 222 ow Petitioner, Dr. Eric J. Smith, as Commissioner of Education, file this tive Complaint against STEVEN JOEL PARTAIN. The Petitioner seeks the appropriaig disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 dtd 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. y 0 Vv b The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 596457, covering the areas of Biology, General Science and Middle Grades, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Fort Meade Middle School in the Polk County School District. MATERIAL ALLEGATIONS 3. Respondent has a history of inappropriate and unprofessional behavior as evidenced by the following sanctions leveled at the district level: A. On or about October 10, 1990, Respondent was issued a letter of reprimand for pouring water on a student’s head. B. On or about January 17, 1991, Respondent was issued a letter of reprimand 4, 5. position. STEVEN JOEL PARTAIN Administrative Complaint Page 2 of 4 for calling a female student “stupid.” On or about December 16, 1992, Respondent was suspended for 5 days for unprofessional and inappropriate behavior. On or about October 14, 1996, Respondent was issued a letter of reprimand for repeatedly leaving his class unsupervised. On or about November 5, 1997, Respondent was issued a written warning for interfering with an ongoing investigation. On or about November 21, 1997, Respondent was issued a severe reprimand for distributing “date cards” to female students. During the 2006/2007 school year, Respondent engaged in unprofessional and inappropriate conduct. Respondent’s conduct included but was not limited to: A. On multiple occasions, holding the door to the girls’ restroom shut so that female students inside were led to believe they were locked in. Placing his hands on the buttocks of E.G., a sixteen- v-year-old, female student, at a school function. Calling the cell phone of A.M., a sixteen-year-old, female student, in the middle of the night. Placing “crank” calls to the cell phone of J.T., a nineteen-year-old, male student, while J.T. was in the middle of a final exam and for an extended period’ afterward. Looking at female students in such a way that the students felt he was looking down their shirts or otherwise made them uncomfortable. On or about April 24, 2007, the district terminated Respondent from his teaching The Petitioner charges: COUNT 1: STATUTE VIOLATIONS The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guiity of gross immorality or an act involving moral turpitude. STEVEN JOEL PARTAIN Administrative Complaint Page 3 of 4 COUNT2: The Respondent is in violation of Section 1012.795(1)(H, 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 10 12.795(1 )G), 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- 1.006(3)(g), Fiorida Administrative Code, in that Respondent has harassed or discriminated against ’ a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) STEVEN JOEL PARTAIN Administrative Complaint Page 4 of 4 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. EXECUTED on this ZY hay of Tune » 2008. € Commissioner of Education State of Florida

Docket for Case No: 08-005208PL