STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, ’ Petitioner, vs. CASE NO. 112-1657 SCOTT ANDERSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against SCOTT ANDERSON. 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 609999, covering the areas of Mathematics and Physical Education, which was valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher and Head Football Coach at Escambia High School in the Escambia County School District. MATERIAL ALLEGATIONS 3. On or about September 13, 2011, student A. D., a member of the Escambia High School football team, assaulted and battered student J. P., another member of the football team, as J. P. was dressing out for football practice. School Resource Officer Christopher Echele was one of the law enforcement officers assigned to conduct an investigation of the incident. 4, On or about September 19, 2011, the Respondent contacted Deputy Echele and asked him to inform the parents of J. P. that if J. P. pressed criminal charges against A. D. it would interfere with the football team’s chemistry and the Respondent would not be able to insure the SCOTT ANDERSON Administrative Complaint Page 2 of 3 safety of J. P. Deputy Eschele declined this request to contact J. P.’s parents. Instead, he advised the Respondent’s Principal of the Respondent’s statements and his request. 5. On or about September 23, 2011, the Respondent’s Principal met with and directed the Respondent not to interfere with the law enforcement investigation of the battery on J.P. and to stay out of the matter. 6. On or about September 26, 2011, Coach Timothy Jansky contacted J. P. and told J. P. that if J. P. pursued criminal charges against A. D. that J. P. would no longer be allowed to play football. Coach Jansky communicated this information to J. P. at the express direction of the Respondent. The Respondent’s instruction of Coach Jansky to attempt to influence J. P. was in direct violation of his Principal's directive to stay out of the matter. 7. During September 2011 the Respondent repeatedly stated to other coaches on his coaching staff that J. P. would not be allowed to play on the football team if he pursued charges against bis teammate. 8. On or about September 30, 2011, the Respondent was suspended with pay, and on November 16, 2011 the Escambia County School Board terminated the Respondent $ employment as a result of the misconduct described herein. 9. On or about October 4, 2011, the Respondent was arrested and charged with Harassing or Attempting to Harass a Witness, Victim or Informant. On or about March 9, 2012, the Respondent was tried by jury and. convicted of said charge. On April 23, 2012, however, the Respondent’s motion for judgment of acquittal was granted and the conviction set aside. 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 bas 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)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. SCOTT ANDERSON 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 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(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. 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 30°? day of Novemisee _,2012. hy. Livers PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-000857PL