STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-3208 ROBERT DOUGLAS GARLAND, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ROBERT DOUGLAS GARLAND. 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 1. The Respondent holds Florida Educator’s Certificate 890308, covering the area of Mathematics, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as an Eighth Grade Mathematics Teacher at Clermont Middle School in the Lake County School District, MATERIAL ALLEGATIONS 3. During the 2012-2013 school year, Respondent threatened to hit students with a baseball bat when they misbehaved. . 4, During the 2012-2013 school year, Respondent forcefully kicked the desk of a student while the student was seated at the desk. 5. On or about May 9, 2013, a 15-year-old, male student, W.M., repeatedly asked Respondent a question. Respondent reacted by grabbing W.M. by the shoulder and Jeaned down ROBERT DOUGLAS GARLAND Administrative Complaint Page 2 of 3 to loudly state the answer, “it’s gonna be a freaking ratio!,” or words to that effect, in W.M.’s ear. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 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. ROLE VIOLATIONS COUNT 2: ‘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 3: 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. (SIGNATURE ON FOLLOWING PAGE) ROBERT DOUGLAS GARLAND 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 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 yeats or permanently. EXECUTED on this [O** day of _ April 2015. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-003624PL