STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO, 101-2172 DARYL TRENT SHUMATE, Respondent. : / ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against DARYL TRENT SHUMATE. 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 828860, covering the area of English, which is valid through June 30, 2012. 2, At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Deane Bozeman Learning Center in the Bay County School District. MATERIAL ALLEGATIONS 3. On or about February 3, 2011, sheriff's deputies conducted a K-9 sweep of the parking lots at the Deane Bozeman School. Respondent was found to be in possession of a small plastic bag of marijuana and a pipe used to smoke marijuana, in that the items were found in the Respondent’s vehicle. The Respondent was also in possession of two loaded rifles and a handgun. The Respondent was arrested and charged with Possession of Marijuana less than 20 grams. On or about April 19, 2011, the Respondent entered into a deferred prosecution agreement. Filed September 25, 2012 10:09 AM Division of Administrative Hearings DARYL TRENT SHUMATE Administrative Complaint Page 2 of 2 4, On or about February 22, 2011, the Bay County School District suspended the Respondent without pay and recommended termination of his employment. 5. On or about June 6, 2011, the Respondent resigned from his position with the Bay 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 board. : 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 \\AE day of Man , 2012. Lunt Vheu GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-003165PL