STATE OF FLORIDA EDUCATION PRACTICES COMMISSION [)4-d963-P& can Aye i DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 089-1016 CHARLES G. HOWARD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CHARLES G. HOWARD. 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: JORISDICTION 1. The Respondent holds Florida Educator’s Certificate 663435, covering the areas of Elementary Education, Middle Grades Integrated Curriculum, Social Science, and Exceptional Student Education, which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Seventh Grade Teacher at Marianna Middle School in the Jackson County School District. MATERIAL ALLEGATIONS 3. On or about September 26, 2008, Respondent engaged in inappropriate and unprofessional conduct in at least two classes. Respondent used “CHANGE,” one of the Democratic Party’s campaign slogans for the 2008 presidential election, as an acronym that included a racial epithet. Respondent’s conduct was widely publicized and was offensive to both students and members of the community. CHARLES G. HOWARD Administrative Complaint Page 2 of 3 4. On or about October 1, 2008, the superintendent and Respondent’s principal issued Respondent a letter of reprimand for his conduct. The school board also suspended Respondent for 10 days without pay. Additionally, the superintendent: relieved Respondent of his coaching duties; transferred him to the Adult Education program; and required him to write a letter of apology to the students involved and attend diversity/sensitivity training. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: 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. COUNT3: The Respondent is in violation of Section 1012.795(1)(j), 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(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. (SIGNATURE ON FOLLOWING PAGE) CHARLES G. HOWARD 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; 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 _| \"s day of ebtucty 2009. Commissioner of Education State of Florida

Docket for Case No: 09-002962PL