STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-3030 WILLIAM WHALEN, Respondent. / Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against WILLIAM WHALEN, 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 [012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION f. The Respondent holds Florida Educator’s Certificate 775998, covering the areas of Mathematics and Social Science, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at New River Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about November 5, 2014, Respondent inappropriately physically disciplined A.M., an eighth grade student, by grabbing his t-shirt and pushing him out of a classroom. This occurred on school grounds and during school hours. 4. During the 2014-2015 school year, Respondent directed several inappropriate, derogatory comments towards students. These comments include, but are not limited to, the following: Respondent, in response to a student attempting to come into his classroom, stated, “We don’t need another terrorist in this class,” or words to that effect. This comment was made WILLIAM WHALEN Administrative Complaint Page 2 of 3 in front of S.K., an Islamic, eighth grade student. S.K. was disparaged and offended by said comment. 5. On or about March 9, 2015, Respondent resigned in lieu of termination. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section L012.795(1)G), 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 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) WILLIAM WHALEN Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Hlection of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recormmends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in sections [012.795(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 trom reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this (M*" day of Ywaweyy, 2016. EWART, as Commissioner of Education State of Florida

Docket for Case No: 16-007031PL