STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 112-1594 STEVEN MARKS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEVEN MARKS. The Petitioner secks 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 L. The Respondent holds Florida Educator’s Certificate 1047484, covering the areas of Mathematics and Social Science, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Vanguard High School in the Marion County School District. MATERIAL ALLEGATIONS 3. In October and November of 2011, Respondent developed an inappropriate relationship with B.H., a 16-year-old female student. 4, In October and November of 2011, Respondent sent inappropriate text messages to B.H. Respondent’s text messages included, but were not limited to, the following: (a) “Damn I just wanted u closer”; STEVEN MARKS Administrative Complaint Page 2 of 4 (b) “Ur ears are so cute”; (c) “Later today I will take that as ur reply. Regardless I live to love you whether I can hope for anything in return, I love u. <3"; (d) “I could explain in 2 min but I have to beg for u to hear me. Ill just love u I do that well u will not be burdened by my desire for affection or consideration”: (e) “Brit open up to me for one day and let me prove it u will never again have to deal with my oversensitivity again ever”; (f) “Please talk to me. Everything in my life is going wrong”; (g) “HEY! I think J figured u out! Its long but read my new status and the reply. [fim right we can be perfect now with no more insecurity issues. Plz txt me after”; and (h) “Oh nothing, In spite of my shrinks advice I just had to check if there was any reason to hold onto that dream. Ignore my stupidity.” 5. In October and November of 2011, Respondent, gave B.H. inappropriate gifts, including, but not limited to, flowers, food, gift cards, and paying for B.H.’s car insurance. 6. Respondent drafted a “Promise of Marriage Contract,” and on or about October 21, 2011, B.W. and Respondent signed the contract. The contract contains the following provisions: (a) Love is not a promise that can be bound by ink and paper. Regardless of what words are printed, signatures signed, and oaths made, the only truly binding forces are the purity and sincerity of the hearts pledged to each other. This document only serves to provide a written record that such a bond exits between the two souls (B.H.] and Steven Jay Marks”; (b) “While there exists no legal entity that can enforce this contract, it is entered into by both parties eagerly, without coercion, and with every intent of fulfilling the promise at a date on or near May 24, 2013"; (c) “Whether it was by luck or fate that these minds, hearts, and souls found each other it is with a pure and free heart that these two choose to willingly bind themselves to the other for now and for always. They promise to love and cherish one another no matter who does or does not approve. They promise to treat one another with gentleness, kindness, patience, truth, honesty, fidelity, friendship, and love from this day October 2011 until eternity’; STEVEN MARKS Administrative Complaint Page 3 of 4 (d) “As evidenced by the signatures below, this document is made truth by the conviction of love from the two willing and eager souls. In truth this paper only serves as visual evidence of the conviction and desire to become one that already exists between them”; and (c) | do hereby swear, that it is my desire to abide by all contained within this page and that such document only represents what I already feel and believe.” 7. B.H. signed the marriage contract so that Respondent would “leave [her] alone.” 8. Respondent’s behavior alleged herein made B.H., feel uncomfortable. 9, On or about November 22, 2011, B.H. reported Respondent’s conduct to the school principal. After being questioned about his conduct, Respondent resigned from his employment with the Marion County School District, effective November 22, 2011. 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 has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 3: 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. RULE VIOLATIONS COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(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 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. STEVEN MARKS Administrative Complaint Page 4 of 4 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that cach student is protected from harassment or discrimination. COUNT 7: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attdched 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 21S day of May 2014. PAM STEWART, as Comnnissioner of Education State of Florida

Docket for Case No: 14-003729PL