STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. , CASE NO. 101-1606 KERRY E. CLARK, Respondent. ADMINISTRATIVE COMPLAINT © Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against KERRY E. CLARK. 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 765664, covering the area of Mathematics, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Miramar High School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about November, 2009, Respondent exchanged inappropriate text or Facebook messages of a sexual nature with female high school senior J.T. Respondent wrote that he had a dream about J.T. and would like to kiss J.T., or something to that effect. 4, On or about February, 2010, Respondent exchanged inappropriate text messages with female eleventh grade student J.D., including messages such as, “Wish you were here with me,” “Tt is just fantasy. It should not happen but I wish it could,” “Ok, between you and I, how do you Filed December 3, 2012 9:31 AM Division of Administrative Hearings KERRY E. CLARK Administrative Complaint Page 2 of 3 feel?” “LOL, Here is a hint...it rhymes with hush” and “It begins with a c,” or something to that effect. 5. On or about February 9, 2011, the Superintendent recommended suspension without pay and termination of Respondent’s employment. 6. . Onor about March 9, 2011, Respondent submitted his letter of resignation. 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. COUNT 3: 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. “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. COUNTS: 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) KERRY E. CLARK. 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 10 12.796(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 inthe 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 barrin g the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this Z&™ gay of ave. _, 2012. GERARD ROBINSQN, 2s Commissioner of Education State of Florida

Docket for Case No: 12-003874PL