STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-3062 WILLIAM M. GAYNOR, Réspondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against WILLIAM M. GAYNOR. 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 911946, covering the area of Business Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Business Education Teacher at Braden River High School in the Manatee County School District. MATERIAL ALLEGATIONS 3. During the 2010-201 1 academic year, Respondent engaged in multiple inappropriate discussions and analogies with students in which he would use sexual references and connotations, including referencing thong underwear in a class discussion; making a joke about viagra and golf; calling at least two children a “gay couple,” or something to that effect; asking Respondent’s students if they “need a spanking,” or something to that effect; and telling Respondent’s students that the students need to stay after school for a “threesome,” or something to that effect. WILLIAM M. GAYNOR Administrative Complaint Page 2 of 3 4. During the 2010-2011 academic year, Respondent referred to eleventh grade female C.P. by her nickname “Claire Bear,” in front of Respondent’s other students, causing C.P. to feel uncomfortable. 5. During the 2010-2011 academic year, Respondent showed favoritism toward Respondent’s students who were members of the Future Business Leaders of America Club (FBLA), a voluntary club which requires a membership fee, by providing such students extra credit opportunities that Respondent did not offer to Respondent’s other students who were not members of FBLA. ‘ The Petitioner charges: , STATUTE VIOLATIONS COUNT 1: 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 2: The Respondent is in violation of Section 1012.795(1)G), 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 learning 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)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) WILLIAM M. GAYNOR Administrative Complaint Page 3 of 3 WHEREKRORE, 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 titne up to 10 years or permanently. EXECUTED on this ZB Biny of “une 32012. Commissioner of Education State of Florida

Docket for Case No: 13-000964PL