STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2638

GLENN ALEXAl'iI)ERHAYES SR.,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against GLENN ALEXANDER HAYES SR.. The Petitioner seeks the a:pproptiate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Flo1ida Starµtes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifical.1y 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 649035, covering the area of Athletic Coaching, which was valid through June 30, 2010.

   
   

2. At all times pertinent hereto, the Respondent was employed as an Athletic Coach at Key \X/est High School in the Monroe County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. During the 2009-2010 school year, the Respondent engaged in inappropriate conduct towards a colleague and members of the Girl's Basketball team. Specifically:

   
   

   1. the Respondent touched Assistant Coach M.B. on the buttocks;

      
      

   2. the Respondent made inappropriate and suggestive comments to Assistant Coach M.B., including asking whether she slept in the nude, commenting about M.B.'s breasts, and commenting about how M.B.'s buttocks looked in certain clothing;

      
      

      Filed July 18, 2011 3:10 PM Division of Administrative Hearings

      GLENN ALEXANDER HAYES SR.

      Administrative Complaint

      Page 2 of3

      
      

   3. the Respondent made negative comments about the sexual orientation of several members

      of the team; and

      
      

   4. the Respondent made comments about players' physical appearance and clothing, including stating that T.M. was not wearing underwear or was wearing a thong, and that S.P. had small breasts.

   
   

4. During the 2007-2008 through 2008-2009 school year, the Respondent made inappropriate and suggestive comments to Assistant Coach M.B.

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(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.

COUNT 3: The Respondent is in violation of Section 1012.795(1)(i), 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 l.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmfui to learning and/or to ihe student's mental health and/or physical health and/or safety.

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 unnecessary embarrassment or disparagement.

COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.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

GLENN ALEXANDER HAYES SR.

Administrative Complaint

Page 3 of3

hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effOrt to assure that each individual was protected fron1 such harassment or discritn.ination.

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 anappropriate 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 oftime 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 IO years or permanently.

EXECUTED on this \          day of Bfri l , 2011.

DR. ERI

Commissioner of Education State of Florida

Docket for Case No: 11-003477PL