STATE OF FLORIDA | EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. . CASE NO. 112-1121 FRANK. EDWARD BORZEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against FRANK EDWARD BORZEN: 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: JORISDICTION 1. The Respondent holds Florida Educator’s Certificate 970073, covering the area of English, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Everglades High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the months of July, 2011 through September, 2011, Respondent exchanged inappropriate Skype and Facebook messages of a sexual nature with female high school senior K.M. The Respondent discussed engaging in sexual intercourse with K.M., offered to meet K.M., and invited K.M. to Respondent’s residence, to engage in sexual activity. Respondent also discussed contacting and meeting with K.M.’s friends, and Respondent used profanity throughout the messages to K.M. . FRANK EDWARD BORZEN Administrative Complaint Page 2 of 3 4. On or about October 19, 2011, Respondent was removed from the school and placed at an alternative work site. 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 enyployee of the school board. : COUNT3: 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. 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. (SIGNATURE ON FOLLOWING PAGE) FRANK EDWARD BORZEN 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. Pan EXECUTED on this. “S*2 day of De ee | 2012. GERARD ROBINSON, as Commissioner of Education State of Florida —

Docket for Case No: 13-000485PL