STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO, 089-2378 KENNETH R. MILLS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against KENNETHR. MILLS. 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 841517, covering the area of Mathematics, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Miami Lakes Education Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2007 - 2008 school year, the Respondent engaged in inappropriate and unprofessional conduct towards students. Specifically: (a) the Respondent took numerous photographs of students and displayed them in his classroom; (b) the Respondent frequently posed for photographs with students, including placing his arms around female students; Filed April 14, 2011 9:00 AM Division of Administrative Hearings KENNETH R. MILLS Administrative Complaint Page 2 of 3 (c} the Respondent photographed and displayed the image of a female student wearing a shirt printed with the phrase “I have the pussy so I make the rules” or words to that effect; (d) the Respondent kept strands of female students’ hair taped on the wall next to temporary student ID passes with the student’s photographs on them; and (e) the Respondent videotaped his classroom while students were not on task and were acting in a disruptive manner, rather than attempt to stop the behavior. 4, On or about October 15, 2008, the School Board of Miami-Dade County suspended the Respondent from his position and moved to terminate him. On or about September 29, 2009, the School Board of Miami-Dade County issued an order terminating the Respondent’s employment. 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(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 8: 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) KENNETH R, MILLS 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 yoy day of ul 4 , 2010. Cormunissioner of Education State of Florida

Docket for Case No: 11-001770PL