STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-1461

KEVIUS LAMARK HODGES,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against KEVIUS LAMARK.HODGES, The Petitioner seek<; the appropriate disciplinary sanctio n of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795; and l O12.796, 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 hoids Fl01ida Educator's Certificate 663711, covering the area of

   Physi cal Education, which is valid through June 30, 2014.

   
   

2. ,A._t all times pertinent hereto, t.lie Respondent was employed as a Physical Education

   Teacher at Acreage Pines Elementary School in the Palm Beach County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. During the 2009-2010 school year the Respondent was a ,vrestling coach for Forest Hill High School in the Palm Beach County School district.

   
   

4. On or about Novembet 21, 2009, the Respondent accompanied the wrestling team to a competition at Park Vista High School. The Respondent's fifteen year-old son, D.H., was a member of the ·wrestling tea.r.n. When D.R. used inappropriate language and behaved improperly on the team bus, the Respondent struck D.H. several times on the face, chest and stomach. Th.e Respondent struck D.H. in the presence of other students and members of the wrestling team.

Filed March 21, 2011 3:29 PM Division of Administrative Hearings

The Petitioner charges:

STATUTE VIOLATIONS

KEVIUS LAMARK HODGES

Administrative Complaint

Page 2 of3

COlJNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statntes, in that Respondent has been guilty of gross immorality or an act involving moral turpitnde as defined hy rule of the State Board of Education.

COUNT 2: 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 l.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- l .006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

KEVTTJS LA.!V[ARK HODGES

Administrative Complaint

Page3of3

WHEREFORE, based on tbe 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 respectfolly recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator's certificate pmsuant 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 tbe 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 pe1iod of time up to 10 years or permanently.

EXECUTED on this \ , day 2010.

DR. ERI J MITH, as

Commiss1 er of Education State of Florida

Docket for Case No: 11-001498PL