\0-333\PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 089-2215 CLAUDE E. BROWN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CLAUDE E. BROWN. 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: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 761784, covering the area of Physical Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Miami Northwestern Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about October 26, 2007, in Dade County, Florida, Respondent purchased and was in possession of controlled substances. Respondent was arrested and charged with one count each of Purchasing Cocaine, Purchasing Cannabis, Possession of Cocaine, and Possession of Cannabis. 4. On or about November 21, 2007, Respondent entered into a pre-trial intervention program in exchange for the possession charges to be nolle prosequi upon completion of the program. No action was taken by the State Attorney on the Purchasing charges. On or about CLAUDE E. BROWN Administrative Complaint Page 2 of 2 November 19, 2008, Respondent successfully completed the program. 5. On or about September 10, 2007, in Dade County, Florida, Respondent was in possession of controlled substances, This information was gathered via telephone taps as part of a FBI task force during the Fall of 2007. On or about June 2, 2009, as a result of the information gathered, Respondent was arrested and charged with one count each of Possession of Cocaine, Possession of a Controlled substance (MDMA), and Possession of Cannabis (not more than 20 grams). Adjudication of theses charges remains pending. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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. 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 ora 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; 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. nd EXECUTED on this “L2" day of Dansers , 2010. DR. J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-003331PL