STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 134-0123 ASHLEY SINCLAR BROWN, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ASHLEY SINCLAIR BROWN. 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 L. The Respondent holds Florida Educator’s Certificate 1202380, covering the area of Athletic Coaching, which is valid through June 30, 2017, 2, At all times pertinent hereto, the Respondent was employed as a Basketball Coach at Winter Park High School in the Orange County School District. MATERIAL ALLEGATIONS 3, In June of 2013, Respondent engaged in an inappropriate relationship with 15- year-old, female student, M.L., when he: (a) sent M.L. sexually Suggestive text messages; and (b) sent M.L, text messages requesting that M.L. send Respondent pictures or videos of M.L. engaged in sexually provocative acts including “twerking” (a sexually provocative dance) and M.L. simulating fellatio on her thumb. ASHLEY SINCLAIR BROWN Administrative Complaint Page 2 of 4 4, Respondent told M.L. to “keep fher] big mouth shut” regarding their inappropriate conversations and requested that M.L. erase the text messages from her phone. 5. On or about June 11, 2013, Respondent inappropriately touched 15-year-old, female student, M.L. during a one-on-one traiing session for basketball, Respondent purposefully touched M.L.’s buttocks with an open hand, pinched M.L.’s buttocks, and touched her vaginal area, Respondent's behavior made M.L. feel uncomfortable, 6. On or about June 11, 2013, Respondent engaged in inappropriate behavior when he threatened to disclose information of a sexual nature about student M.L. on social media if M.L. did not send Respondent a video of M.L. engaged in a sexually provocative act, 7, On or about June 27, 2013, in Orange County, Florida, Respondent was arrested and charged with two counts of Lewd or Lascivious Molestation (Victim 12 years of age to 16 years of age), Transmitting Harmful Material to Minors, Contributing to the Delinquency of a Minor, and Attempted Extortion. 8. On. or about July 14, 2013, Respondent resigned his position with the Orange County School District as a result of the pending investigation regarding the allegations set forth herein. 9. On or about October 18, 2013, in the County Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Respondent pled guilty to the reduced charge of Battery and the Court withheld adjudication. 10. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilt by a court is prima facie proof of grounds for revocation or other sanctions. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), 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)(4), 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. 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 effectiveness as an employee of the school board. ASHLEY SINCLAIR BROWN Administrative Complaint Page 3 of 4 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. RULE VIOLATIONS COUNT 5: 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 6: 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. COUNT 7: 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 each student is protected from harassment or discrimination. COUNT 8: 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. (SIGNATURE ON FOLLOWING PAGE) ASHLEY SINCLAIR BROWN Administrative Complaint Page 4 of 4 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 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_ 218+ gay of Max 2014, PAM STEWART as Commissioner of Education State of Florida

Docket for Case No: 14-005232PL