STATE OF FLORIDA }, EDUCATION PRACTICES COMMISSION’ /,.. DR. ERIC J. SMITH, as Commissioner of Education, | )- 00/4 p LU Petitioner, vs. CASE NO. 090-2051 DAVID WRIGHT FAULK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DAVID WRIGHT FAULK. 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 470726, covering the area of Music, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Band Director at Hardee Senior High School in the Hardee County School District. MATERIAL ALLEGATIONS 3. On or about January 21, 2010, Respondent engaged in inappropriate conduct toward J.B., a sixteen-year-old female student. Respondent hugged J.B. as she entered his classroom and, as she walked away, he struck her on the buttocks. 4. Respondent made inappropriate comments toward S.C.,a seventeen-year-old female student, including, but not limited to, “maybe you should geta boob job and come back and see me,” “1 could see you wearing a leather outfit with a whip being a dominatrix,” and, “you shouldn’t wear such loose pants it makes your butt look weird.” DAVID WRIGHT FAULK Administrative Complaint Page 2 of 3 5. On his application to the Hardee County School District, Respondent failed to disclose a previous suspension of his teaching certificate in another state. On or about November 9, 2000, the state of South Carolina suspended Respondents teaching certificate for three (3) years for violations of school policy relating to money handling and financial procedures. The Petitioner charges: STATUTE VI TIONS 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)(), 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 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. 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT7: The Respondentis in violation of Rule 6B.1006(5)(j), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in his own or another’s application for a professional position. (SIGNATURE ON FOLLOWING PAGE) DAVID WRIGHT FAULK 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 \ 2 ae day of Duly » 2010. raat DR. ERIC SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-010019PL