STATE OF FLORIDA GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO. 989-3009 OSCAR WENDELL FEAGLE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against OSCAR WENDELL FEAGLE. 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 176685, covering the areas of 2. At all times pertinent hereto, the Respondent was employed as a Drivers Education Teacher at Columbia High School in the Columbia County School District. MATERIAL ALLEGATIONS 3. During the 2007-2008 and 2009 school year, on several occasions the Respondent asked female student B.D. to participate in a published calender by posing for the calendar in a bathing suit and offered to pay B.D. $100.00 to pose in a bathing suit. The Respondent also told B.D. that she was beautiful and asked B.D. to work as a lifeguard. 4. In April of 2009, the Respondent asked female student B.M. if she would be interested in applying for a position as a lifeguard at a mobile home park. The Respondent gave B.M. an application form that included questions about the applicant’s bust, hips and waist Filed July 12, 2012 9:25 AM Division of Administrative Hearings OSCAR WENDELL FEAGLE Administrative Complaint Page 2 of 4 measurements and whether the applicant used non-prescription drugs such as marijuana and cocaine. The Respondent told B.M. that he only gave the application to the prettiest girls on campus. 5. In April of 2009, a search of the Respondent’s classroom revealed the fact that the Respondent maintained numerous photographs of female students posing in bathing suits or lifeguard attire, and that the Respondent solicited many female students over several years to work as lifeguards and pose for photographs. 6. As a result of the allegations made in Paragraphs 3, 4, and 5 of this Administrative Complaint, on or about May 15, 2009, the Columbia County School District suspended the Respondent for three days without pay. 7. As part of his duties, the Respondent was responsible for administering driving tests to students which allows students to obtain a waiver from taking a driving test when applying for adriver’s licensé. The Respondent was réquitéd to submit documentation to the Florida Department of Highway Safety and Motor Vehicles. When questioned during an audit about missing documentation to indicate that students had completed a road test, the Respondent submitted documentation showing that approximately 34 students had all taken road tests on the same day, December 14, 2009, and that ail students received the same passing score. The Respondent did not administer tests to all of the students on that day. Asa result of the Respondent’s conduct, the road tests results were invalidated and several students were required to retake the road test, 8. On or about June 30, 2010, the Florida Department of Highway Safety and Motor Vehicles notified the Respondent that it had terminated the Respondent’s contract to provide third- party testing due the Department’s determination that the Respondent had falsified records. 9. In July of 2010, the Respondent resigned from his position with the Columbia County School District. 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 beard. COUNT3: The Respondent is in violation of Section 1012.795(1)q), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession OSCAR WENDELL FEAGLE Administrative Complaint Page 3 of 4 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 5: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNTS: The Respondentis in violation of Rule 6B-1.006(5)(b), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) OSCAR WENDELL FEAGLE Administrative Complaint Page 4 of 4 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 Z ot day of (December 2011, GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-002340PL