STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO, 112-0149 JOHN A, PATRICK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against JOHN A. PATRICK. The Petitioner seeks the appropriate disciplinary sanction of the Responderit’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 lL. The Respondent holds Florida Educator’s Certificate 932278, 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 Zephyrhills High School in the Pasco County School District. MATERIAL ALLEGATIONS 3. On or about January 26, 2006, Respondent exposed his penis and moved his hand in an up and down motion while Respondent was in his vehicle in a public parking lot. 4, On or about February 22, 2006, Respondent was arrested for Exposure of Sexual Organs. 5. On or about March 8, 2006, Information was filed against Respondent for the charge of Indecent Exposure Filed September 21, 2012 8:12 AM Division of Administrative Hearings JOHN A. PATRICK Administrative Complaint Page 2 of 4 6. On or about May 22, 2006, Respondent applied for employment with Polk County Public Schools and answered “no” to the question, “Are there criminal charges currently pending against you?” 7. On or about August 31, 2006, Respondent’s charge of Exposure of Sexual Organs was terminated and dismissed because Respondent entered into and completed a Deferred Prosecution Program. 8. Over the time period of November, 2010 until May, 2011, Respondent engaged in non-academic-related Facebook messaging with female high school student KH. On or about November 22, 2010, Respondent commented that K.H.’s pictures “are beautiful,” but he asked “who's the chick sitting on the diving board?” to which KH. replied that it was she. On or about March 25, 2011, Respondent asked K.H., “Why haven’t I seen you in a while??” and “Oh, [ see. you (sic) were using me.” On or about March 25, 2011, Respondent asked K.H. if K.H. is available to babysit, and Respondent gave K.H. Respondent’s home address. On or about May 23, 2011, Respondent asked K.H. to babysit, and they discussed meeting at Respondent’s house. 9. On or about May 23, 2011, after K.H. arrived at Respondent's house to babysit, Respondent hugged K.H. and allowed Respondent’s erect penis to rub against K.H. 10. On or about June 22, 2011, the school district issued a Notification of Recommendation for Termination of Employment to Respondent. LL. On or about July 26, 2011, the School Board approved the recommendation for termination of employment effective June 6, 2011. 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 Respondentisin 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. JOHN A. PATRICK Administrative Corhplaint Page 3 of 4 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 bas 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)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 7: 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 Respondentisin violation of Rule 6B-1.006(5)(), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in his own or another’s application for a professional position. : (SIGNATURE ON FOLLOWING PAGE) JOHN A. PATRICK 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 ora 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 cértification; 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 __\ FA day of. Mons 2012, GERARD ROBINSON|as , Commissioner of Education State of Florida

Docket for Case No: 12-003148PL