STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, WS. CASE NO. 112-1587 JAMES LINDLEY ESCHEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JAMES LINDLEY ESCHEN. 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 6A-10.081, 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 im The Respondent holds Florida Educator’s Certificate 307057, covering the areas of Geography, History, Mathematios and Social Science, which. is valid through June 30, 2017, 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Mandarin High School in the Duval County’ School Disirict. MATERIAL ALLEGATIONS 3, During the 2010-2011 school year, the Respondent, on numerous occasions, engaged in inappropriate contact with female students, including, but not linvited to, the following: (a) the Respondent would stand very close to female students and look down at their breasts; JAMES LINDLEY ESCHEN Administrative Complaint Page 2 of 3 (6) during the school’s homecoming week, C.D. dressed as at old lady, wore her mother’s bra and stuffed the bra with socks. The Respondent poked C.D.’s fake breast and asked ‘‘Why are you so busty?;” (c) the Respondent put his hand on C.D.’s hip; (d) the Respondent put his finger through the holes on K..W.’s jeans; (e) the Respondent touched K.W on her leg and rubbed her shoulders: and (f) the Respondent touched M.W. on her leg. 4. The district initiated an investigation of the Respondent's conduct as alleged herein. 5, On or about October 3, 2011, the Respondent retired from his position. The Petitioner charges; STATUTE VIOLATIONS COUNT I: 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 motal 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 employee of the school boatd, COUNT 3: — The Respondent js in violation of Section 1012.795(1)q), 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 leatning 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 Responderit has intentionally exposed a student to unnecessary embarrassment or disparagement. JAMES LINDLEY ESCHEN 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 madé 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 ora 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 Respondenit’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be itteligible for certification; or barring the Respondent from reapplying for an educator’s certificate for 4 period of time up to 10 years or permanently. EXECUTED on this 124" day of August 2013, My btcar, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-000986PL