STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-0627 MATTBEW KANE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against) MATTHEW KANE. 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 866576, covering the areas of Educational. Leadership, Health, Physical Education and School Principal, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Manatee High School in the Manatee County School District. MATERIAL ALLEGATIONS 3. During the 2009/2010, 2010/2011 and 2011/2012 school years, Respondent failed to properly investigate allegations of inappropriate conduct with female students reported against Roderick Frazier (Frazier), a parent liaison/assistant coach at Respondent's school who was subsequently adjudicated guilty of four counts. of Battery on a Minor and two counts of Interference with the Attendance of a School Pupil. Incidents reported to Respondent that he failed to investigate, document or act on included but were not limited to; MATTHEW KANE Administrative Complaint Page 2 of 3 A. During the 2009/2010 school year, a school bus driver reported to Respondent that she observed Frazier patting female students on the behind and had found Frazier in his office with the door shut with female students. The bus driver also reported to Respondent that her daughter, a student at the school, had heard female students invite Frazier to a ‘lingerie party,’ and Frazier express his intention to attend. B. Jackie Peebles (Peebles), a teacher at Respondent’s school, reported to Respondent that Frazier had called girls and in particular, D.K., a female high: schoo] student, out of class repeatedly to meet with him in his office to the point of interfering with the students’ education. C, Peebles further reported to Respondent that Frazier had been observed allowing multiple female students to ride with him on school golf carts including incidents with too many girls on the cart for the cart to be driven safely. D. Peebles reported to Respondent that she had observed Frazier, behind his closed office door, with D.K. sitting on Frazier’s lap, feeding him cake. E. During the 2011/2012 school year, Peebles reported to Respondent that A.P., a female, high school student, had reported that she met Frazier in a bar that A.P. had entered using a fake ID. card, Peebles reported to Respondent that A.P. - relayed that while Frazier was in the bar and apparently under the influence of alcohol, Frazier had inappropriately crabbed and touched A.P. 4, On or about September 30, 2014, an Administrative Law Judge upheld the District termination of Respondent from his teaching position for the above conduct, The Petitioner charges: STATUTE VIOLATIONS COUNT 1; 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 2: 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. MATTHEW KANE Administrative Complaint Page 3 of 3 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 learning and/or to the student’s mental health and/or physical health and/or safety, 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 \4*4 day of August. 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-007093PL