STATE OF FLORIDA Lp 4 Eps EDUCATION PRACTICES COMMISSION “4%, <2 — _ L OVS TIX~L — “oft,” ay, DR. ERIC J. SMITH, as LoS TE g. VY Commissioner of Education, Aika Og Ke Petitioner, vs. CASE NO. 067-4180-F MICHAEL L. PENNINGTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MICHAEL L. PENNINGTON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 91 5162, covering the area of Elementary Education, which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Springwood Elementary Schooi in the Leon County School District. MATERIAL ALLEGATIONS 3. On or about May 25, 2007, the Respondent secretly video taped women and young girls at a shopping mall via a video camera in a brown paper bag with a hole cut out. He taped the victims from the waist down. 4, When confronted, the Respondent informed a police officer that he had been secretly video taping women and girls for years. He stated he had no additional tapes because his practice was to watch the video, masturbate, and then erase the video. MICHAEL L. PENNINGTON Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. RULE VIOLATIONS COUNT 4: _ 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. (SIGNATURE ON FOLLOWING PAGE) MICHAEL L. PENNINGTON 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 16 years or permanently; determining the Respondent to be ineligible for certification; 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 Qt day of _(Orchobev__, 2008. Commissidner of Education State of Florida

Docket for Case No: 08-005792PL