L) 4 - BS Bd Pl STATE OF FLORIDA, he, EDUCATION PRACTICES COMMISSION ! 02 66 a PUT Pi 234 TOM GALLAGHER, as fe ue Commissioner of Education, Oe Pye Petitioner, vs. : CASE NO. 990-1241-R ‘YELBERTON FRAZIER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Yelberton Frazier. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 652348, covering the area of Mathematics, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics teacher at Southside Middle School, in the Duval. County School District. MATERIAL ALLEGATIONS 3. On or about ‘December 16, 1999, Respondent used inappropriate discipline techniques when had grabbed a minor male student, D.S., and twisted the student’s arm and administered a choke hold and slammed the student to the ground. On or about February 3, 2000, Respondent received a letter of reprimand from the school district. Yelberton Frazier Administrative Complaint 2 of 2 TAT RY VIOLATION COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), 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 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(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 safety. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, 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 2./ © "day of Assent , 2000. - ‘ew TOM GABLAGHER, as Commissioner of Education, State of Florida

Docket for Case No: 02-003521PL