STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, ] O- 139 sft vs. CASE NO. 089-1759 MATTHEW CONSTANTINE DIGGS, Respondent. MINISTRATIVE PLAINT . Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MATTHEW CONSTANTINE DIGGS. 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: DICTION 1. The Respondent holds Florida Educator’s Certificate 697017, covering the area of Music, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Plantation Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. In May of 2007, J.C., asixteen-year-old, female student, attended her younger sister’s graduation at Plantation Elementary School. 4, Respondent, who was J.C.’s former 4" and 5 grade music teacher, approached J.C., looked her over and remarked, “you’ve gotten so big,” or words to that effect. MATTHEW CONSTANTINE DIGGS Administrative Complaint Page 2 of 4 5. Respondent later provided his cell phone number to J.C.’s younger sister, asking her to have J.C. cali him. 6. When J.C. did not call that evening, Respondent confronted the younger sisier the following day at school, and inquired: “Is J.C. going to call me?” 7. J.C. called Respondent, who discussed several of his personal matters including his motorcycle, his adventures at Hardrock and his recent break-up with his girlfriend. Respondent, during a subsequent telephone conversation with J.C., described his sexual fantasies, including but not limited to statements of “wanting to eat her pussy” or words to that effect; “when a guy goes down on you;” “taking her shoes off with his mouth;” “kissing her toes and the next thing she knows she’d havea bald head right between her legs;” and “licking your ass.” During the conversation with J.C., Respondent began moaning, while implicitly in the process of masturbating. 8. The conversation between Respondent and J.C. was overheard by two (2) other students. 9. Respondent provided an untruthful account of his interaction with J.C., when questioned by school authorities. 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)G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education ruies. 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. . MATTHEW CONSTANTINE DIGGS Administrative Complaint Page 3 of 4 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), Florida 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. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) MATTHEW CONSTANTINE DIGGS 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 Righis 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. : +L ; EXECUTED on this "day of August , 2009. Commissioner of Education State of Florida

Docket for Case No: 10-001395PL