STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as b q 24 val p (CL Commissioner of Education, Petitioner, vs. CASE NO. 056-3050-S JAMES T. DESHAY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against JAMES T. DESHAY. 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 560327, covering the area of Mathematics, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Winter Park High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2005/2006 school year, Respondent made disparaging and embarrassing remarks to students, in front of the class. Respondent’s comments include but are not limited to: a. Telling S.F., a fifteen-year-old, fernale student, that she would never amount to anything and would work at McDonald’s the rest of her life and calling her a “Project Queen,” or words to that effect. b. Announcing students’ test grades along with their names, in front of the JAMES T. DESHAY Administrative Complaint Page 2 of 3 class. c. Telling students that they should “give up” and that they don’t have a future or words to that effect. d. Telling A.S., a fifteen-year-old, female student, that she would never amount to anything and would not get into a four year college, or words to that effect. 4. On or about February 15, 2006, Respondent’s principal issued him a letter of reprimand and directives with regard to his inappropriate remarks. 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)(i), 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) JAMES T. DESHAY 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 permanentiy, 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 Z2*© day of _ (Mac _, 2007. 4 ? JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 09-002991PL