STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART,.as Commissioner of Education, Petitioner, VS. CASE NO. 123-3361 JAMES LYNN WISEMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JAMES LYNN WISEMAN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate putsuant 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 1. The Respondent holds Florida Educator’s Certificate 459996, covering the areas of English and Physical Education, which is valid through June 30, 2019, 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Golden Gate Middle School in the Collier County School District, MATERTAL ALLEGATIONS 3. On or about August 24, 2012, Respondent raised his middle fingers at sixth grade students C.B. and H.C. and called them “stupid.” 4, On or about April 19, 2013, in the presence of eighth grade student Y.P and other students, Respondent held an inappropriate discussion on the topic of Y.P.'s piercings, During the discussion, Respondent: a.) asked the female students if they found Y.P.’s piercings to be attractive: JAMES LYNN WISEMAN Administrative Complaint Page 2 of 4 b,} asked the imale students if they found Y.P.’s piercings to be cool; ¢.) stated that Y.P. should have purchased gymi clothes instead of jewelry; d.) stated that people who have piercings make Respondent want to “throw up,” or words to that effect; Asa result of the discussion, Y.P. was embarrassed. Y.P. cried and commented that he wanted to kill himself, 5. On or about July 5, 2013, Respondent received a letter by certified mail from the Office of Professional, Practices Services in the Florida Department of Education informing Respondent that a case had been opened against him. 6. On or about November 13, 2013, Respondent submitted a District Renewal Application for Florida Educator's Certificate (‘renewal application”) to the District School Board of Collier County, Office of Human Resources, in Naples, Florida, The application included the following questions: a,) “Do you have any current investigative action pending in this state orany other state against a professional license or certificate or against an application for a professional license or certificate?”; and b.) “Do you have any current disciplinary action pending in this state or any other state against a professional license or certificate or against’an application fora professional license or certificate?” In his sworn responses to the questions, Respondent answered, “NO.” At the time that Respondent submitted the renewal application, his-case with the Florida Department of Education was still pending. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: 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. JAMES LYNN WISEMAN Administrative Complaint Page 3 of 4 RULE VIOLATIONS COUNT.3: 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 learnitig 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- 10.081(3)(e), Florida Adiinistrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(a), Florida Administrative Code, in that Respondent has failed to. take reasonable precatitions to distinguish between. personal views and those of any educational institution or organization with which the. individual is affiliated. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 7: The Respondént ig in violation of Rule 6A-10.081(5)(h);, Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) JAMES LYNN WISEMAN 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 edttcator’s certificate for a period of time:up to 10 years or permanently. EXECUTED on this {TH day of _ Novy 2014. htc PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-000585PL