STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. TONY BENNETT, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 112-2533

JOHN WILLIAM MURPHY,

Respondent.

                                                                      I

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against JOHN WILLIAM MURPHY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and I012.796, Florida Statutes, and pursuant to Rule 6A-10.08 I, 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 606530, covering the areas of Health, Physical Education and Exceptional Student Education, which is valid through June 30, 2016.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Hoover Middle School in the Brevard County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about February 6, 2012, male student T.D. disregarded instructions not to remove food items from the school cafeteria. The Respondent told T.D. to "shut up" or words to that effect. The Respondent grabbed T.D.'s shoulder from behind and pushed T.D. into a column, causing T.D. to hit his back and head on the column.

   
   

4. As a result of the Respondent's conduct with T.D., on or about February 7, 2012, the school district placed the Respondent on administrative leave.

   JOHN WILLIAM MURPHY

   Administrative Complaint

   Page 2 of3

   
   

5. On or about March 2, 2012, the Brevard County Superintendent of Schools notified the Respondent of his intent to recommend the Respondent's termination to the School Board.

   
   

6. On or about March 13, 2013, the Respondent resigned from his position with the Brevard County School District.

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 ofSection 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.

RULE VIOLATIONS

COUNT 3: The allegations of misconduct set forth herein are in violation ofRnle 6A-

10.08 I(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 6A-

10.08 I(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

JOHN WILLIAM MURPHY

Administrative Complaint

Page 3 of3

WHEF..EFORE, 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 Recove1y 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 pem1anently; detennining 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.

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EXECUTED on this --=...)     

day of '-,.,,)4,,,('\.<L. , 2013.

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DR. TONY BENJ\;'ETT as

Commissioner of Education State of Florida

Docket for Case No: 13-003359PL