STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-2688 MICHAEL ALLEN PHILYAW, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MICHAEL ALLEN PHILYAW. 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 928373, covering the area of Music, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Colonial Drive Elementary School in the Miami-Dade County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2014-2015 school year, Respondent used inappropriate language in the presence of his fifth grade students, including the word “bitch” or the Spanish words for bitch, “serra” or “puta.” 4. During the 2014-2015 school year, Respondent became angry during class and kicked or threw a trash can out of frustration. TL istrative Corr rade student B.S. th mother and R.S. “would in that Profession Board of Education rules. ribed by RULE 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- 10.0813)e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) MICHAEL ALLEN PHILYAW Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the xplanation 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 May 2016. ; at dno PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-007029PL