rrp aT STATE OF FLORIDA ERLE EDUCATION PRACTICES COMMISSION “UN GF JIM HORNE, as UMS TRATIVE Commissioner of Education, HEARINGS Petitioner, ; ; > I5d TPL vs. CASE NO. 001-1594-V MELANIE RAMJUST-SHIM, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against MELANIE RAMJUST-SHIM. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1)and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 561107, covering the area of Physical Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Carol City Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS - 4 3. On or about February 6, 2001, the Respondent was present during a dodgeball game when a fight erupted between two of her physical education students. At the time, the Respondent was sitting on a crate on the sidelines of the game working on her roll book. Another student reported to her that the fight was taking place. The Respondent replied "I know, don't worry about it," or words to that effect, and continued to work on her roll book. She took no action to break up the fight until several minutes later. One of the students involved in the fight, T.K., a fourth grader at the time, sustained injuries to the right side of his face and head after six students repeatedly MELANIE RAMJUST-SHIM Administrative Complaint Page 2 of 3 kicked him after he fell to the ground. After the incident, the Respondent failed to complete an accident report, failed to seek medical attention for T.K., and failed to inform his parents of the incident. On or about March 13, 2001, the principal issued the Respondent a letter of reprimand for failure to appropriately supervise students and for failure to provide safeguards to reduce or eliminate Injuries at all times, both violations of the Miami-Dade County School Board Rules. The Respondent continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondentis in violation of Section 1012.795(1)(i), 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 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 health and/or safety. COUNT 4: 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.

Docket for Case No: 03-001597PL