STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

D.R. ERIC J. SMITH, as Commissioner of Education,

Petitioner,

vs. CASE NO. 090-1280

.ROBE.RT WILLIAM MILLNER,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ROBERT WILLIAM MILLNER. 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-l.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 Ce1iificate 919086 , covering the area of Music, which is valid through June 30, 2013.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Laurel Nokomis School in the Sarasota County School District.

   
   

   lviATERIAL ALLEGATIONS

   
   

3. Between August and December 2009, Respondent engaged in inappropriate conduct toward L.R., a nine-year-old female student.

   
   

4. Beginning in September 2009, Respondent began giving L.R. piano lessons in his classroom before school and then again after school at his home. Respondent took no fee.

   
   

   Filed March 24, 2011 3:21 PM Division of Administrative Hearings

   
   

   ROBERT WILLIAM MILLNER

   Administrative Complaint

   Page 2 of3

5. Respondent had L.R. sit on his lap while practicing the piano during class. Respondent gave gifts to L.R. including, but not limited to, a Valentine teddy bear and piano keyboard for home use. Respondent asked LR. to wear certain items of clothing because be liked the way she looked in them.

   
   

6. On or about November 7, 2009, Respondent asked L.R. to kiss him on the lips. When LR. asked "Do I have to?" Respondent said, "Close your eyes and you won't even notice," or words to that effect Respondent was removed from the classroom effective November 9, 2009 and placed on administrative leave.

   
   

7. On or about March 17,2010, the Superintendent informed Respondent that he would recommend to the Sarasota School Board that Respondent be te1minated as of April 7, 2010. Respondent was allowed to remain employed at the School District Office of Human Resources until the end of the school year.

   
   

8. On or about May 20, 2010, Respondent indicated that he would retire from his position with the Sarasota School District effective June 9, 2010.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795( l)(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(\)(g), Florida Statutes, m that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.

COUNT 3: The Respondent is in violation of Section 1012.795(1 )(j), Florida Statutes, in that Respondent bas violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.

RULE VIOLATIONS

COUNT 4: The allegations of miscondnet set forth herein are in violation of Rule 6B­

!. 006(3)(a), Florida Adn1inistrative 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.

ROBERT WILLIAM MILLNER

Administrative Complaint

Page 3 of3

COUNT 5: 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 unnecessaiy embarrassment or disparagement.

COUNT 6: The allegations of misconduct set forth herein are in viol.ation of Rule 6B­ l .006(3)(h), Florida Administrative Code, int.hat Respondent has exploited a relationship with a student for personal gain or advantage.

COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B­ L006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage.

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 fhe Respondent's educator's certificate pursuant to !he 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 lo 10 years or permanently; determining the Respondent to be ineligible for certification; or baning the Respondent fron1 reapplying for an educator's certificate for a period of time up to 10 years or permanently.

EXECUTED on this L14-!:day of Oc_-i<:J 2010.

E                 

DR. Ed@ . SMITH, s ­

Commissioner of Education State ofFlorida

Docket for Case No: 11-001559PL