STATE OF FLORIDA Boo EDUCATION PRACTICES COMMISSION 69 JA N20 PM 2:4 9 4 | ()t-0? ut PL DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 067-3434-A. KURT THOMAS HARSHMAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against KURT THOMAS HARSHMAN. 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), Fiorida Statutes. The Petitioner alleges: JURISDICTION 1 The Respondent holds Florida Educator’s Certificate 796289, covering the area of Elementary Education, which is valid through June 30, 2010. 2. Atall times pertinent hereto, the Respondent was employed as an English to Speakers of Other Languages (ESOL) Teacher at Pine Hills Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about February 12, 2007, the Respondent engaged in inappropriate and unprofessional conduct with a female elementary school student. The Respondent grabbed the student forcefully by the arm and pulled on it in an effort to get the student to follow his direction. As he was accompanying the student to the office the Respondent repeatedly told her "you really piss me off". KURT THOMAS HARSHMAN Administrative Complaint Page 2 of 3 4. Prior to February 12, 2007, the Respondent had received written reprimands and/or written directives on December 8, 2005, November 1, 2006 and January 11, 2007 addressing the Respondent's inappropriate conduct with students. 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. COUNT2: The Respondentis 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. 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) KURT THOMAS HARSHMAN 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 reapplyisig for an educator’s certificate for a period of time up to 10 years or permanently. Ay EXECUTED on this \l 9 "day of Donmany 2008. State of Florida

Docket for Case No: 09-000341PL