STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, ve. CASE NO, 112-2511 MICHAEL THOMAS ERWIN, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Pam Stewart, as Commissioner ‘of Education, files this Administrative Complaint against MICHAEL THOMAS ERWIN. 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 1. The Respondent holds Florida Educator’s Certificate 750273, covering the area of Music, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Fienberg/Fisher K-8 Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010, 2010-2011 and 2011-2012 school years, Respondent directed multiple middle school, female students to a storage room within his classroom where he closed the door and asked the girls to remove or raise their shirts. Once the girls complied, Respondent examined them front and back with a stethoscope, at times exposing their breasts. Additionally, during the same time frame, Respondent administered over the counter drugs to students without knowledge of the school or permission from the parents. MICHAEL THOMAS ERWIN Administrative Complaint Page 2 of 3 4, On or about January 9, 2012, Respondent directed A.R., a ten-year-old, female student, into the storage room within his classroom after A.R. was coughing in class. Once inside the storage room, Respondent closed the door and instructed A.R. to raise her shirt whereupon Respondent placed a stethoscope on A.R.’s bare back to listen to her lungs. Respondent asked A.R. to allow him to examine her chest but A.R. refused. 5. On or about January 25, 2013, Respondent was suspended for ten days from his teaching position with the District as a result of his conduct. 6. On or about February 8. 2013, Respondent resigned in lieu of termination from his teaching position with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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)(), 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 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. COUNT 4: 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 5: 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) MICHAEL THOMAS ERWIN 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 years or permanently. EXECUTED on this_[Q% day of April , 2015. Leow Leeerh PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-001868PL