STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-1641 KENNETH PAUL PHILLIPS, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KENNETH PAUL PHILLIPS. 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 602539, covering the areas of English, English for Speakers of Other Languages (ESOL) and Middle Grades, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Jupiter Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During school years 2010/2011 and 2011/2012, Respondent behaved improperly with male, middle school students. Respondent’s behavior included but was not limited to allowing and encouraging students to remove their shoes and socks and then massaging certain male students’ bare feet. Additionally Respondent met with a small group of male students in his classroom before school and engaged in conversations of a sexual nature including but not limited to the students’ masturbation habits and masturbation in Respondent’s classroom. KENNETH PAUL PHILLIPS Administrative Complaint Page 2 of 3 Respondent also allowed himself to be viewed, on a regular basis, by the aforementioned small group of male students without his shirt on. 4. During the 2010/2011 and 2011/2012 school years, Respondent gave inappropriate attention to N.M., a male, middle school student. Respondent met with N.M. alone in Respondent’s classroom on a regular basis. Respondent purchased Junch and treats for N.M. Respondent massaged N.M.’s bare feet while N.M.’s feet were in Respondent’s lap. Additionally, Respondent came to N.M.’s place of employment while N.M. was working on multiple occasions, making N.M. feel uncomfortable. 5. During the 2010/2011 and/or 201 1/2012 school years, Respondent allowed a male student or students to massage Respondent’s neck and shoulders on multiple occasions. 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. 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)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. KENNETH PAUL PHILLIPS Administrative Complaint Page 3 of 3 COUNT 6: — 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. 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 [8% day of August — , 2016. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005521PL