STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO, 112-0336 ADAM BENJAMIN BRINSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against ADAM BENJAMIN BRINSON. 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 lL. The Respondent holds Florida Educator’s Certificate 956924, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2014. 2, Atall times pertinent hereto, the Respondent was employed as a Technology Teacher at David Lawrence K-8 Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 19, 2011, Respondent engaged in inappropriate conduct with his former student and current high school student, female J.J., byplay-fighting with J.J., grabbing Js body, pulling J.J. down on his lap and a desk, pulling up J.J.’s shirt, and kissing J.J.’s cheek. 4. On or about May 12, 2011, Miami-Dade School District notified Respondent that the District’s administrative investigation findings indicated that probable cause had been established that Respondent violated School Board Rule 6Gx13-4A-1.21. Filed November 27, 2012 2:22 PM Division of Administrative Hearings ADAM BENIAMIN BRINSON Administrative Complaint Page 2 of 3 5. On or about May 24, 2011, a conference-for-the-record was held with Respondent. Respondent received directives to adhere to all Miami-Dade County Public School Board Rules, refrain from touching students in any way, refrain from behavior with students that may be misconstrued as inappropriate in nature, and conduct himself in a manner that reflects credit to himself and Miami-Dade County Public Schools. 6. On or about July 22, 2011, the Superintendent notified Respondent that the Superintendent would be recommending to the School Board that Respondent be suspended without pay for ten workdays. 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)(j), 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 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 leaming 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)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) ADAM BENJAMIN BRINSON 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 3 day of Docil 2012. GERARD ROBINSON, as _ Comunissioner of Education State of Florida

Docket for Case No: 12-003855PL