STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2240

JAMES WAYNE REEDY,

Respondent.

                                                                   I

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JAMES WAYNE REEDY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and i 012.796 , Florida Statutes, and pursuant to Rule6B-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 Certificate 776126, covering the areas of

   Elementary Education and Varying Exceptionalities, which is valid through June 30, 2014.

   
   

2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Fort McCoy Middle School in the Marion Count'J School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about November 18, 2008, Respondent received a verbal reprimand from his principal for unwelcome comments and gestures directed at other members of the school's staff.

   
   

4. During the 2008/2009 school year, Respondent engaged in inappropriate conduct toward female members of the school staff that made them uncomfortable and interfered with the staff members' ability to perform their jobs and created an intimidating work environment as evidenced by the following:

Filed July 15, 2011 12:03 PM Division of Administrative Hearings

JAMES WAYNE REEDY

Administrative Complaint

Page 2 of3

1. L.B., a female, teaching intern, was removed from Respondent's school as a result of Respondent directing inappropriate gestures and conunents towards L.B. and staring at her.

   
   

2. On or abont March 16, 2009, Respondent was issued a letter of reprimand from his principal as a result of his conduct towards L.B.

   
   

3. Multiple teachers, both male and female, have experienced or noticed, Respondent staring at female staff members, deliberately looking them up and down in a leering manner.

   
   

4. On or about September 18, 2009, Respondent asked two school bus attendants the name of another bus driver, her marital status and whether or not she had a boyfriend.

   
   

5. On or about September 24, 2009, Respondent was issued a 5 day suspension as the result of inappropriate conduct with the bus drivers.

   
   

6. Respondent made female teachers uncomfortable by following them, hanging out by them, whispering in their ears and engaging them in inappropriate conversation.

   
   

7. Multiple teachers at Respondent's school took steps to avoid him by altering routes they would norrna11y take around school, altering their routines and avoiding being alone with Respondent.

H On or about June 22, 2010, Respondent was terminated from his teaching position

with the district.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: 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 mies.

COl.JNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual's performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination.

JAMES WAYNE REEDY

Administrative Comphint

Page 3 of3

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 \'B--\½ day of _D if 2010.

DR. ERIC

CorrI111issioner of Education

State ofFlorida

Docket for Case No: 11-003432PL