STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2523 RUSSELL EDWARD ROGERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against RUSSELL EDWARD ROGERS. 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 715960, covering the area of Physical Education, which is valid through June 30, 2015. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education A 415} att Tos d Ean Teacher, Athletic Director, and Head Football Coach at Vernon High School in the Washington County School District. MATERIAL ALLEGATIONS 3. On or about January 4, 2011, in Washington County, Florida, Respondent told the Vernon High School junior varsity boy’s basketball team that they “did a half-ass job” and “played like shit,” or words to that effect, after the team had lost a basketball game. Male student T.M. informed his mother that Respondent had cursed at the team and had sent T.M. out of the locker room. T.M.’s mother was escorted to Respondent’s office to speak with Respondent. Respondent subsequently banged on his desk and yelled at T.M. and T.M.’s mother to “get the fuck out of my office.” T.M. became upset at Respondent for speaking inappropriately to T.M.’s mother, and was Filed June 8, 2012 9:56 AM Division of Administrative Hearings RUSSELL EDWARD ROGERS Administrative Complaint Page 2 of 3 escorted outside by his mother and other basketball players. Respondent followed T.M. and T.M.’s mother outside, and was ordered by School Resource Officer Robert Woolever (“Officer Woolever”) to go back inside the gym. Respondent ignored Officer’s Woolever’s first command to go back inside the gym, and only went back inside upon repeated commands from Officer Woolever. Respondent went inside and continued to yell in the presence of visitors from another high school. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — 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 2: — The Respondent is in violation of Section 1012.795(1)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. 6 RULE VIOLATIONS COUNT 3: 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 4: 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) RUSSELL EDWARD ROGERS 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 [Oday of Febr\auy , 2012, GERARD ROBINSOW®, as Commissioner of Education State of Florida

Docket for Case No: 12-002014PL