STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-1397 ERIC WATSON ZUSPANN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ERIC WATSON ZUSPANN. 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 990198, covering the area of Biology, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Chemistry Teacher at Island Coast Senior High School in the Lee County School District. MATERIAL ALLEGATIONS 3. On or about September 13, 2011, in Lee County, Florida, the Respondent set a fire inside of a residerice with individuals present in the house. The Respondent was arrested and charged with First Degree Arson. The charge was later no filed by the prosecutor’s office, 4, . Onor about December 10, 2011, in Lee County, Florida, the Respondent engaged in an altercation with two individuals at a residence. After leaving the residence, the Respondent drove away and was pulled over by law enforcement officers. The Respondent failed roadside sobriety tests and refused a breath test. The Respondent was arrested and charge with Battery and - ERIC WATSON ZUSPANN Administrative Complaint Page 2 of 3 Driving Under the Influence. 5. On or about February 29, 2012, the Respondent pled nolo contendere to the charge of Battery and was adjudicated guilty of the charge. 6. On or about March 30, 2012, the Respondent pled nolo contendere to the charge of Driving Under the Influence was adjudicated guilty of the charge. 7. As aresult of the allegations made in Paragraph 3 of this Administrative Complaint, on or about September 13, 2011, the Lee County School District suspended the Respondent from his position. 8. On or about October 28, 2011, the Respondent resigned from the Lee County School District. 9. The Respondent’s conduct and arrest as alleged in Paragraph 3 of this Administrative Complaint were reported in local news media, 10, On or about January 26, 2011, the Education Practices Commission issued a Final Order in EPC Case No. 10-0389-RT, approving a settlement agreement and placing the Respondent on one year of employment probation. The terms of the probation included the requirement that the Respondent “shall violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 6B-1.006" and “shall satisfactorily perform his duties in a competent, professional manner.” The Respondent’s conduct as alleged in Paragraph 3 of this Administrative Complaint constitutions a violation of the terms of probation. ll. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation or other sanction of a teaching certificate. 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)(D), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. : ERIC WATSON ZUSPANN Administrative Complaint ’ Page 3 of 3 COUNT 3: 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 4: 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. COUNT 5: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated an order of the Education Practices Commission. RULE VIOLATIONS COUNT6: The Respondentis in violation of Rule 6B-1.006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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 @ 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 ZB" aay of Noven-ber , 2012. a, PAM STEWART, as Commissioner of Education State of Florida’

Docket for Case No: 13-001684PL