STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, (0 _ | (9 / 7 p (_ Petitioner, vs. CASE NO. 067-3897 THOMAS H. PAYNE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against THOMAS H. PAYNE. 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 839701, covering the area of Social Science, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at Darnell-Cookman Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about May 1, 2007, Respondent became upset during a counseling session with a mental health therapist. Respondent told the therapist that if he were to lose his job he would kill the Director of Professional Standards for his district. Respondent refused to recant his threat when encouraged to do so by the therapist. Respondent was arrested and charged with one count of Corruption by Threat Against a Public Servant. THOMAS H. PAYNE Administrative Complaint Page 2 of 3 4. On or about December 23, 2008, the state attorney’s office reduced the charge to, Making ‘Threats. 5. On or about February 11, 2009, Respondent entered into a deferred prosecution agreement with the state attorney’s office. 6. On or about August 28, 2009, Respondent entered into a resignation agreement with the district whereby Respondent agreed to resign from his teaching position effective retroactively to July 4, 2007. 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. 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)(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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. (SIGNATURE ON FOLLOWING PAGE) THOMAS H. PAYNE 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. ne EXECUTED on this 22. day of Danvrany , 2010. Commissioner of Education State of Florida

Docket for Case No: 11-001680PL