‘ > Ki, STATE OF FLORIDA Sy EDUCATION PRACTICES COMMISSION “20g. G0S, RLY, J Be DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-0661 GARETH WAIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against GARETH WAIN. 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 927635, covering the area of Social Science, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a History Teacher at Falcon Cove Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year in Broward County, Florida, Respondent engaged in inappropriate conduct toward his students in that he created a hostile atmosphere in the classroom which did not promote an effective learning environment. 4, Respondent’s actions included, but were not limited to: swinging a yardstick above students’ heads in a threatening manner, yelling in class, exhibiting anger when students could not answer questions, kicking desks and cabinets, calling students “morons,” embarrassing students by placing their papers on a “wall of shame” for failing to put names on papers, disparaging ethnic GARETH WAIN Administrative Complaint Page 2 of 3 groups, making fun of Hispanic accents, and imposing unauthorized physical punishment (e.g., requiring students to sit against a wall in a squatting position). 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. COUNT2: 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 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 heaith 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) GARETH WAIN 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 Adininistrative 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 cr 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 yipy- day of Apdl , 2010. Commissioner of Education State of Florida

Docket for Case No: 10-009499PL