STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-2970 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. va At all times pertinent hereto, the Respondent was employed as a Music Teacher at West Homestead K-8 Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about December 10, 2015, Respondent inappropriately disciplined Z.T., a fourth grade male student, when he repeatedly pushed Z.T.’s shoulder. When Z.T. stood up from his seat and asked Respondent not to push his shoulder, Respondent pushed a chair over, and the chair hit Z.T, on his side. 4. On or about January 8, 2016, Respondent inappropriately disciplined C.K., a female student in third grade, when he pulled C.K. out of her seat by her shirt. Respondent then MICHAEL ALLEN PHILYAW Administrative Complaint Page 2 of 3 kicked C.K.’s chair. Respondent’s conduct caused C.K. to feel scared, embarrassed and disparaged. 5. On or about April 15, 2016, Respondent made a threatening and disparaging comment to student C.K, in reference to the allegation in paragraph 4 herein, when he told C.K.: “Listen here little girl, if I would have lost my job before you would have gotten hurt and something very bad would have happened to you,” or words to that effect. Respondent’s conduct caused C.K. to feel scared and disparaged. The Petitioner charges: STATUTE VIOLATIONS COUNT 1; The Respondent is in violation of section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. 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(2)(a)1, 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(2)(a)5, 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 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 YAW day of MNU4- , 2017. nbc PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-004996PL