Before the Education Practices Commission 1 orida CHARLIE CRIST MAR 1 2004 Commissioner of Education, CTICES COMMISSION Petitioner, FLORIDA CASE NQ 02-0290-RT vs. DOAH CASE NQ-PL EPC INDEX N9 out-ob?i- MARK o. SWANSON, Respondent Final Order This matter was heard by a Teacher Panel ofthe Education Practices Commission pursuant to Sections 1012.795, 1012.796 and Florida Statutes, on February 27, 2004, in Orlando, Florida, for consideration of the Recommended Order entered?in this case by Lawrence P. Stevenson, Administrative Law Judge, dated December 8, 2003. Neither party filed Exceptions to Recommended Order . After reviewing the complete record accompanying the Recommended Order, and being otherwise fully advised in the premises, the Panel hereby adopts the ?ndings of fact, (paragraphs 1 - 31 conclusions of law, (paragraphs 32?48 and recommendation contained in the Recommended Order, and said Recommended Order, a copy of which is attached and made a part hereof, is hereby adopted in full and becomes the Final Order of the Education Practices Commission. It is ORDERED that Respondent is found to have violated Rules 68-1 .006(3)(a) and Florida Administrative Code. It is further ORDERED that a written reprimand shall be placed in the certi?cation file of Mark D. Swanson. Upon employment in any public or private position requiring a Florida educator?s certificate, shall be placed on one employment year of probation with the conditions that during that period,he shall: 1. Notify the EPC immediately upon employment and immediately upon termination Final Order Mark D. Swanson Page 2 of employment, in any public or private position requiring a Florida educator?s certi?cate. 2. Have his immediate supervisor submit annual performance reports to the EPC. 3. Violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule (SB-1.006, Florida Administrative Code. 4. Satisfactorily perform assigned duties in a competent, professional manner. 5. During the ?rst six months of each probation year$150.00 to defray the cost of monitoring probation during that year. 6. Bear all costs of complying with the terms of this probation. This Order takes effect upon ?ling with the Clerk of the Education Practices Commission. DONE AND ORDERED, this [inlay of 777M 2004. COPIES FURNISHED TO: Bureau of Educator Standards Bureau of Teacher Certification Florida Administrative Law Reports Superintendent Collier County Schools 5775 Osceola Trail Naples, FL 34109-0919 Division of Human Resources Collier County Schools 5775 Osceola Trail Naples, FL 34109-0919 GRACE WILLIAMS, Presiding Of?cer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Final Order Mark D. Swanson Page 3 Bruce P. Taylor, Attorney at Law Lawrence P. Stevenson Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Ann Cole, Clerk Division of Administrative Hearings CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the fore oin 0rd in the matter ofCrist vs. Swanson was furnished to Mark D. Swanson, a Naples. FL 34104 and Robert J. Coleman, Coleman Coleman, PO. Box 2089, Ft. Myers, FL 33902-2089 by Certi?ed Mail this day of WM .2004. Km? WW KATHLEEN RICHARDS Executive Director STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. MARK D. SWANSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, ?les this Administrative Complaint against Mark D. Swanson. The Petitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certi?cate pursuant to Sections 231.262 and 231.2615, Florida Statutes, and pursuant to Rule (SB-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 231.262(6) and Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator?s Certi?cate 585952, covering the areas of Mathematics and Business Education, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Football Coach at Ler High School in the Collier County School District. MARK D. SWANSON Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. On or about September 8, 2000, Respondent engaged in inappropriate conduct and used profane language during halftime of a football game as part of a preplanned effort to motivate the team. Speci?cally, ReSpondent threw a football helmet which hit-a 16-year- old player, in the back. Respondent pushed -a 17-year-old player, into a locker. Respondent threw -a 17-year-old player, into the bathroom and then threw him into several walls. Respondent also threw a clip board which hit another coach and cut his hand. On or about September 26, 2000, the superintendent accepted Respondent?s resignation as head football coach and issued Respondent a letter of reprimand and suspended him without pay for 3 days. Respondent resigned his teaching position effective November 3, 2000. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section Florida Statutes, in that ReSpondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 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 safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 68- Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. MARK D. SWAN SON Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 23126150), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative ?ne, suspension of the teaching certi?cate not to exceed three years, permanent revocation of the teaching certi?cate, 'or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this day of a 2002. Charlie Crist, as Commissioner of Education, State of Florida KATHLEEN M. RICHARDS EDUCATION PRACTICES COMMISSION GRACE WILLIAMS Executive Director STATE OF FLORIDA Chairperson ANN COCHEU LUCILE CASEY COunsel Co-Chairperson February 27, 2004 Naples, Florida 34104 Re: Charlie Crist vs. Mark Swanson EPC Dear Mr. Swanson: As you know, the teacher panel of the Education Practices Commission reviewed the matter pending against you. The panel concluded that you violated the Principles of Professional Conduct for the Education Profession prescribed by the State Board of Education rules and hereby reprimands you for the conduct alleged in the Administrative Complaint which is incorporated herein. This panel, composed of your peers, believes that, as a teacher, you are required to exercise a measure of leadership beyond reproach. By your actions, you have lessened the reputation of all who practice our profession. The profession cannot condone your actions, nor can the public who employ us. The Education Practices Commission sincerely hopes it is your intention to never allow this situation to occur again or indeed, to violate any professional obligation in ?Jl?lling your responsibilities as an educator. To violate the standards of the profession will surely result in further action being taken againSI you. This letter of reprimand is being placed in your state certi?cation ?le, and a c0py is being sent to the Collier County School Board for placement in your personnel file. Sincerely, ?ew, Marl/ma Grace Williams Presiding Of?cer 325 West Gaines Street 0 224 Turlington Building a Tallahassee, Florida 32399-0400 0 (850) 245-0455