Ly STATEOFFLORDA . “/y/y, EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, | - 3 \¥O ? UL Petitioner, vs. CASE NO. 078-2686 DAVID D. BARNES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DAVID D. BARNES. 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: [LON 1. The Respondent holds Florida Educator’s Certificate 492628, covering the areas of English to Speakers of Other Languages, Physical Education, Varying Exceptionalities, and Adaptive Physical Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Homebound Teacher in the Hospital/Homebound Program with the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During the 2007-2008 school year, Respondent repeatedly engaged in. inappropriate and unprofessional conduct. During times he was scheduled to travel to or instruct homebound students or during his planning period, Respondent failed to meet with students or cut his scheduled meeting time with them short or was not in the location he had on his schedule for his planning time but was instead at the Tampa Greyhound Track or the Hard Rock Casino. Respondent then falsified and tumed in time sheets indicating he was meeting with various students or was in a particular location for his planning period when he was actually at the track or the casino. Effective January DAVID D. BARNES Administrative Complaint Page 2 of 3 15, 2008, Respondent resigned his position with the school board. 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 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)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT6: The Respondentisin violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE} DAVID D. BARNES 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 (gts day of Tl Y , 20 84. EZ DR. E J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-003180PL