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JOHN WINN, AS COMMISSIONER OF EDUCATION vs TAMARA THOMPSON, 06-004101PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004101PL Visitors: 39
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: TAMARA THOMPSON
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 18, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 4, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA Pi eR EDUCATION PRACTICES COMMISSION = Mb OCT 18 Alay = JOHN L. WINN, as i" DIVISION ! Commissioner of Education, ADMIMISTR sal VE " HEARING 2 Petitioner, a) vs. CASE NO. 045-0480-M ~~ TAMARA R. THOMPSON, rem (Mp tf PL ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against TAMARA R. THOMPSON. 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 868442, covering the area of Exceptional Student Education, which is valid through June 30, 2010. 2, At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Panther Run Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3, From 2002 through 2004, Respondent frequently engaged in inappropriate, hostile, and intimidating conduct and discipline with her first and second grade autistic students, including, but not limited to: a. force-feeding a child and causing him to choke and spit up the food, then refrigerating the chewed-up food for him to eat later; . grabbing students by the neck, causing bruising and nail marks; c. pushing a student’s head to the floor, shaking a student by the head, and SES art TAMARA R. THOMPSON VYULT 2 BM 9: } Administrative Complaint Page 2 of 4 thumping a student on the forehead and calling him “retarded”’; d. yanking a student by the wrist so hard that he was lifted off of the ground; e. throwing bookbags and beanbag chairs toward students, causing on at least one occasion a scratch on a child’s face; f holding a child’s arms behind her back and pushing her knee into the child’s back; g. restraining a child between two beanbag chairs with her entire body weight; h. refusing to allow students to use the bathroom, causing them to cry and soil themselves in class; i. calling parents and falsely reporting that children were misbehaving; j. refusing to provide parents with requested information to help students at home with their sills; k. throwing sand at a child during recess; and L eating food from students’ lunches. 4. Respondent received at least two written warnings regarding her behavior, and was provided additional training on appropriate behavior management, yet continued the inappropriate techniques. On or about March 29, 2004, the school district removed Respondent from the classroom. On or about August 4, 2004, the district suspended Respondent without pay for 10 days, required her to attend intensive training in autism issues, and issued her a letter of reprimand. On or about January 10, 2005, Respondent returned to a classroom assignment not involving autistic children. 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. COUNT3: 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. COUNT 4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. : SHOES 06 ger “TAMARA R. THOMPSON PME SP pas 3 Administrative Complaint / Page 3 of 4 RULE VIOLATIONS COUNT 5: 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 6: 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. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 9: 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. COUNT 10: 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. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 12: The Respondent is in violation of Rule 6B-4.009(2), Florida Administrative Code, in that the Respondent has been guilty of immorality. Immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community. TAMARA R. THOMPSON Administrative Complaint Page 4 of 4 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 Le day of 1) @Ce pabwv7 2005. lor JOHN YL, WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-004101PL
Issue Date Proceedings
Dec. 04, 2006 Order Closing File. CASE CLOSED.
Dec. 01, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 28, 2006 Respondent`s Response to Request for Admission filed.
Nov. 15, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 16 and 17, 2007; 9:30 a.m.; Fort Lauderdale, FL).
Nov. 09, 2006 Respondent`s Response to Petitioner`s Motion to Continue filed.
Nov. 09, 2006 Petitioner`s Motion for Continuance of Final Hearing filed.
Nov. 08, 2006 Notice of Service of Interrogatories and Request for Production of Documents filed.
Oct. 30, 2006 Order of Pre-hearing Instructions.
Oct. 30, 2006 Notice of Hearing (hearing set for December 14 and 15, 2006; 9:30 a.m.; Fort Lauderdale, FL).
Oct. 25, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Oct. 25, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Oct. 25, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Oct. 24, 2006 Joint Response to Initial Order filed.
Oct. 18, 2006 Initial Order.
Oct. 18, 2006 Administrative Complaint filed.
Oct. 18, 2006 Finding of Probable Cause filed.
Oct. 18, 2006 Election of Rights filed.
Oct. 18, 2006 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 18, 2006 Letter to T. Thompson from J. Vetre regarding forwarding the case file to the Division of Administrative Hearings for formal hearing filed.
Oct. 18, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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