° wie Vn STATE OF FLORIDA TS 5 EDUCATION PRACTICES COMMISSION =. 0 fv : 7 a De JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 034-0515-T DELORES SHERROD BETHEL, OY: 9993 PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against DELORES SHERROD BETHEL. 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 355282, covering the areas of Elementary Education and Gifted, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Sth Grade Teacher at North County Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 and 2002-2003 school years, the Respondent engaged in inappropriate discipline of students by forcing them to sit underneath her desk for periods of up to 45 minutes. Several students found it difficult to breathe as the space beneath the desk was very small and the students could not sit up straight or hold their heads upright. The Respondent would sit with her feet and legs in the space while students were there. Students also reported that the Respondent would often wear a miniskirt, under which they could see while sitting underneath her desk. The Respondent would also take off her shoes and put them under the desk while a student DELORES SHERROD BETHEL Administrative Complaint Page 2 of 3 was there. During the district investigation, the Respondent denied ever making a student sit undemeath her desk. When interviewed, the students who were made to sit under the desk were able to accurately describe several focal points which would only be known to someone sitting under the desk. 4. During the same period, the Respondent also engaged in inappropriate conduct toward students by calling them derogatory names such as "dodo birds," "retarded mosquitoes," and "stupid retarded kids," or words to that effect. The Respondent also failed to properly supervise students when she played movies for the class, during which time she fell asleep. On or about August 22, 2003, a conference-for-the-record was held and the Respondent received a letter of reprimand. Effective August 25, 2003, she was transferred to another elementary school. She 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 Respondent is 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 corditions 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)(€), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. DELORES SHERROD BETHEL 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 1012.795(1) and 1012.796(7), 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 BY day of Wasa” , 2004, fomunissioner of Education State of Florida

Docket for Case No: 04-002392PL