STATE OF FLORIDA 25 EDUCATION PRACTICES COMMISSION 207 ook 4 JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-2535-M DIANE LOUISE NEVILLE, ; Ole-0775 PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DIANE LOUISE NEVILLE. 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 727291, covering the area of Technology Education, which is valid through June 30, 2007. 2, At all times pertinent hereto, the Respondent was employed as an Industrial Arts Teacher at Seminole Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. Between November 5 and November 8, 2003, Respondent failed to follow school procedures and directives and failed to properly supervise 17 middle school students on a field trip to a leadership conference, as follows: a. Respondent brought her 16-year-old son and his male friend along on the trip without obtaining prior authorization. Upon arriving at the hotel and discovering that her room only ’ had one bed, she requested another room since she had the two teenage males with her. The only 06 JAN SL PH 2:57 DIANE LOUISE NEVILLE Administrative Complaint Page 2 of 3 other available room was on the seventh floor. Respondent relocated to the seventh floor room, leaving all of the students in at least four separate rooms on the second floor of the hotel, with no adult supervision; b. Respondent failed to arrange for adequate chaperones, and was the only adult accompanying the students on the trip; c. Respondent failed to clearly communicate to the students whether they were required to pay for their own food on the trip; as a result, several students ran out of money for food before the end of the conference, and either had to borrow money from other students or request extra money from Respondent; d. Upon arriving at the conference, Respondent requested that the students give the bus driver a tip. The students were not made aware of this suggestion prior to leaving for the trip, had not planned for such payment, and several were upset, offended, or embarrassed by Respondent’s request for the additional money; e, Respondent took the students to Busch Gardens, without prior authorization from schoo] administration. 4. On or about November 6, 2003, K.R., a twelve-year-old female student participating in the field trip, telephoned her mother to inform her that she had been left in her room by herself. K.R.’s mother traveled to the hotel and, upon arriving, felt that the students were not being properly supervised, After conferring with the parents of T.B. and A.D., two other twelve-year-old female students, .R.’s mother took all three girls home early from the conference. 5. After the students returned from the field trip, the school principal began receiving calls from several parents complaining about what their children reported happened at the conference. The principal no longer permits Respondent to participate in field trips or fundraising activities. 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)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. oo 2:51 DIANE LOUISE NEVILLE 06 JAS! PROG Administrative Complaint ‘ Page 3 of 3 COUNT 3: The Respondent is in violation of Section 1012.795(1)(), 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 4: = 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 5: = 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 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 “| day of ula , 2005. Poni tie JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-003661PL