STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 089-0202 RUSSELL LEON PITTMAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against RUSSELL LEON PITTMAN. 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 640168, covering the area of Music, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Band Teacher at Pines Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. In December of 2004, M.S. was a fifteen year-old ninth- grade female student who had previously been in the Respondent’s class in middle school. MS. visited the Respondent in the band room to say “hello” to the Respondent. After other students had lefi, the Respondent hugged M.S., held on to M.S., and attempted to touch M.S.’s breasts. The Respondent asked M.S. several times if he could “touch them” (referring to M.S.’s breasts} and moved his hands along the side of M.S.’s body for several seconds. Filed December 12, 2012 9:30 AM Division of Administrative Hearings RUSSELL LEON PITTMAN Administrative Complaint Page 2 of 3 4, On or about July 2, 2008, the Respondent visited the home of E.G., a fourteen year- old student who had just completed the eighth grade at the Respondent’s school. While the Respondent was alone with E.G., the Respondent pulled out E.G.’s shirt and attempted to place his hand under her shirt. The Respondent also placed his hands on E.G.’s shoulders, stood behind E.G., and fondled E.G.’s right breast. When E.G. walked away from the Respondent, the Respondent told her “Good, you know when to stop” and “You are my temptation,” or words to that effect. 5. During a July 14, 2008, phone call with E.G., the Respondent told E.G. that E.G. was attractive, told E.G. that he loved her, and asked: E.G. if she cared for him “more than any other average person,” or words to that effect. 6. On or about July 16, 2008, the school district placed the Respondent on administrative leave. 7. On or about April 17, 2009, the Broward County School Superintendent filed an administrative complaint seeking to. terminate the Respondent’s employment, citing the Respondent’s actions towards M.S. and E.G. as alleged in paragraphs 3 though 5 of this Complaint. 8. Following a formal hearing at the Division of Administrative Hearings, on or about December 22, 2010, Judge Stuart M. Lerner issued a Recommended Order concluding that the Respondent had engaged in misconduct towards M.S. and E.G. and recommending that the school district terminate the Respondent’s employment. 9. On or about September 28, 2011, the Schoo! Board of Broward County issued a Final Order adopting the Recommended Order and terminating the Respondent’s employment. 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 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. RUSSELL LEON PITTMAN Administrative Complaint Page 3 of 3 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 (o 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- .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- .006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. 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 \Re day of Moxy. - 2012. GERARD ad fe as Commissioner of Education State of Florida

Docket for Case No: 12-003973PL