STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, . 0.4640 p a vs. CASE NO, 012-0413-C AMY MARTIN, _ Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against AMY MARTIN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.262 and 231.2615, 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION L. The Respondent holds Florida Educator’s Certificate 686656, covering the area of Elementary Education, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a 5th grade teacher at Fort White School in the Columbia County School District. MATERIAL ALLEGATIONS 3. During January 13 - 15, 1997, the Respondent was absent without leave from her school. On or about January 21, 1997, the Respondent’s principal issued her a letter of reprimand for her absence. 4. Between August 2000 and June 2001, inclusive, the Respondent used and/or allowed the computers in her classroom to be used for inappropriate purposes. Although instant messaging was prohibited, the Respondent participated in Yahoo Instant Messenger and selected friends for her Instant Messenger list who had vulgar or obscene user names which were not suitable for viewing AMY MARTIN Administrative Complaint Page 2 of 3 by students. These included “‘a_1_moaning_pussy, a_big swinging dick, and young_gay_for_u.” This list of user names was readily accessible to students as a pop-up menu which, if accessed, would have popped up over work a student was doing. If a student were working in various programs and one of these instant messenger friends were to send a message to the Respondent, the friend’s user name and message would have popped up over the screen the student was viewing. In addition, the Respondent’s customized Yahoo home page for the Instant Messenger had links to gay and lesbian web sites. In the Respondent’s documents folder were several videos she had downloaded along with the audio. One, called “Nigger Please,” was racially inappropriate, another was a take-off of a “what’s up” beer commercial, and a third was a promotional for alcoholic beverages. Student work had been saved to this same documents folder, indicating that students had access to the folder in which these videos had been saved. 5. Between August 2000 and June 2001, inclusive, the Respondent also violated school board policy by using computers in her classroom to access web sites for purposes that were not related to education and research or which were not consistent with educational purposes. Among those sites she visited were: matchmaker.com and other dating sites; a site about music by the artist Seal; a “black voices” chat site; ebay; ABC’s television network site; a site with classified ads for pets; various sites pertaining to horses; Martha Stewart’s web site; and a site pertaining to the soap opera, General Hospital. In doing so, she violated school board policy and the principles of professional conduct for the education profession by using institutional Internet privileges for her own personal use. Furthermore, she accessed these sites during school day times reserved for instruction and planning. The Respondent further violated school board policy by impersonating another person in a chat room. On or about August 31, 2001, the Respondent’s principal issued her a written “severe reprimand” for inappropriate use of school computers, in which she was also instructed not to access the Florida Information Resource Network (FIRN) web site from school or home, whether for personal or school-related purposes, for one year. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), 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 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Adrainistrative Code, in that Respondent has failed to make reasonable effort AMY MARTIN Administrative Complaint Page 3 of 3 to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical and/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(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 30 _ dayof Tuly 2002. harlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-004840PL