FROM: The Education Practices Commission TO: DOAH Clerk of Court RE: REDACTION OF CERTAIN LANGUAGE The Education Practices Commission reviewed and redacted certain verbiage within the document(s) included prior to transferring the case to DOAH so that individual student(s) information cannot be identified in accordance with Section 1002.221(1), Fla. Stat. (2018). STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 178-1439 JEFFERY HANLON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JEFFERY HANLON. 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 1022200, covering the areas of Exceptional Student Education and Physical Education, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher and as the Head Football Coach at Estero High School in the Lee County School District. MATERIAL ALLEGATIONS 3. During the 2017-2018 school year, Respondent was subject to and aware, or should have been aware of, the following Florida High School Athletic Association (FHSAA) Policy regarding student athletes exhibiting symptoms of a concussion: FHSAA Policy 40 CONCUSSIONS JEFFERY HANLON Administrative Complaint Page 2 of 6 40.1 Concussions. A concussion is a brain injury caused by a blow to the head or body that causes the brain to move rapidly inside the skull. Concussions can also result from a fall or from collisions between with one or more individuals or with obstacles. As brain injury, concussions are serious. 40.1.1 Any student athlete who exhibits signs, symptoms, or behaviors consistent with a concussion, including, but not limited to, Joss of consciousness, headache, dizziness, confusion, or balance problems, shall be immediately removed from the contest or practice and shall not return to play until cleared by an appropriate health-care professional. 40.1.2 When you suspect that a player has a concussion, follow the “Heads Up” 4-step Action Plan: * Remove the athlete from play. * Ensure that the athlete is evaluated by an appropriate health-care professional. * Inform the athlete’s parent or guardians about the possible concussion and give them information on concussion. * Keep the athlete out of play the day of the injury and until an appropriate health-care professional says he or she is symptom-free and give the okay to return to activity. The signs, symptoms and behaviors of a concussion are not always apparent immediately after a bump, blow, or jolt to the head or body and may develop over a few hours. An athlete should be observed following a suspected concussion and should never be left alone. 40.2 Appropriate Health Care Professional (AHCP). An appropriate health-care professional (AHCP) is an individual who is trained in the diagnosis, evaluation and management of concussions. Such individual will be a licensed physician (MD, as per §458, FS.) or a licensed osteopathic physician (DO, as per §459, F.S.). Consistent with the American Academy of Neurology and other organizations, it is strongly recommended that an AHCP as defined in Policy 40.2 above or an athletic trainer (ATC, as per §468, F.S.) is present at all sporting events, including practices, where athletes are at risk for concussion or for those classified as a collision sport, whenever possible. 40.3 Mechanics for Removal from Athletic Contest. The FHSAA concussion rule calls for the immediate removal of the participant from the contest or practice. Players, coaches and contest officials should be cognizant of athletes who display signs, symptoms, or behaviors of a concussion and immediately stop play for injury evaluation within the rules of the game (the responsibility of the contest official is limited to activities that occur on the field, court, mat, etc.). JEFFERY HANLON Administrative Complaint Page 3 of 6 40.3.1 Symptoms Reported by the Athlete * Headache * Nausea * Balance problems or dizziness * Double or fuzzy vision * Sensitivity to light or noise * Feeling sluggish * Feeling foggy or groggy * Concentration or memory problems * Confusion 40.3.2 Symptoms Observed by Other Individuals * Appears dazed or stunned * Is confused about what to do * Forgets plays * Is unsure of game, score, or opponent * Moves clumsily * Answers questions slowly * Loses consciousness * Shows behavior or personality changes * Can’t recall events prior to hit * Can’t recall events after hit JEFFERY HANLON Administrative Complaint Page 4 of 6 4.3.3 Removal. Once the participant has been removed from a contest due to a suspected concussion, the coach, school and AHCP(s) assumes full responsibility for that athlete’s further evaluation and safety. If available, a certified athletic trainer (ATC) under the direct supervision of a MD/DO can assist with the sideline evaluation of a student-athlete when a student-athlcte is sent out of a competition or practice, but cannot provide written clearance to return to play (refer to above). If after sideline evaluation, it is determined the athlete does not demonstrate symptoms consistent with a concussion the ATC will follow procedures within a written operational protocol created and signed by a supervising physician to determine return to play. In this situation, the athlete should continue to be monitored for any delayed onset of concussion symptoms and must be removed from activity immediately if signs or symptoms return. 40.4 Return to Play (RTP) Criteria~- Recommended Concussion Management 40.4.1 No athlete should return to play (RTP) or practice on the same day of a suspected concussion. “When in doubt, sit them out!” 40.4.2 Any athlete suspected of having a concussion must be evaluated by an ACHP (as defined above) as soon as possible and practical. 40.4.3 Any athlete who has sustained a concussion must be medically cleared by an AHCP (as defined above) prior te resuming participation in any practice or competition. 40.4.4 After evaluation and examination by an AHCP (as defined above), return to play must follow step-wise protocol as defined by the :Graded Return to Play Protocol” form and under the supervision of an AHCP, athletic trainer, coach or other health care professional (Post Head Injury/Concussion Form). 40.4.5 A written medical clearance form from an AHCP (as defined above) is required for return to competition (Post Head Injury/Concussion- RTP Form, AT18). 40.5 Education and Management of Concussions 40.5.1 Requirement for Coaches. All FHSAA member school head coaches, paid/supplemented coaches and student athletes are required to annually view the FREE online education course “Concussion in Sports- What You Need to Know”. This free NFHS concussion course may be viewed online at www.nfhslearn.com. 40.5.2 Recommendation. All member school personnel, contest officials, parents and media are encouraged to educate themselves by viewing the FREE online education course “Concussion in Sports- What You Need to Know”. This free NFHS concussion course may be viewed online at www.nfhslearn.com. JEFFERY HANLON Administrative Complaint Page 5 of 6 40.5.3 Additional Information. Current and up-to-date information on concussion can be found on the Center for Disease Control and Prevention website at: * http:/Avww.cde/concussion/HeadsUp/youth.htm!; and * http://www.cdc.zov/concussion/HeadsUp/hizhschool.html. 40.6 Concussion Release Form. Each student-athlete and their parent or legal guardian, duly appointed by a court of competent jurisdiction, must submit a release form provided by the association (Form EL3-Consent and Release from Liability Certificate). 40.7 Sanctions on Coaches 40.7.1 Level 1 Suspension. A head coach who commits a violation of any condition listed in Policy 40 will be ineligible to coach or attend the next contest, at any level for a minimum of the next two (2) contests during the period of suspension, in all sports except football. For football, the coach will be ineligible from a minimum of one (1) footbail game; or 40.7.2 Level 2 Suspension. A head coach who receives a second Level 1 Suspension due to a violation of any condition listed in Policy 40, or commits multiple violations in Policy 40 will be ineligible to coach or attend any interscholastic athletic contest in any sport, at any level, for a period of up to six (6) weeks; or 40.7.3 Level 3 Suspension. A head coach who receives a second Level 2 for violating any condition of Policy 40 or commits an egregious violation of Policy 40, as determined in the sole discretion of the Executive Director, will be ineligible to coach or attend any interscholastic athletic contest in any sport for a period of up to one (1) year. 4. Despite being subject to FHSAA Policy 40, in or around the week o} Respondent failed to protect the physical health and safety of athlete presented with symptoms of a concussion. On or abou! member of the can, reported to Respondent that iitwice made contact with another player during practice. Respondent was informed that experiencing dizziness, hearing a ringing sound and that everything became bright after the second hit. Respondent instructed [ko not participate in practice the following three days but failed to ensure vas evaluated by an appropriate health-care professional and failed to properly inform s parent about the possible concussion. As a result of Respondent's omission, MPs concussion was not diagnosed by a physician until ade Sia four days after the injury occurred. JEFFERY HANLON Administrative Complaint Page 6 of 6 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: 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. 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_ 2.0% day of July 2018. Maa —Pececrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005824PL