STATE OF FLORIDA LC F ae EDUCATION PRACTICES COMMISSION tobe A Z Heiss na Or * 5 JOHN L. WINN, as “anf Mi Commissioner of Education, Petitioner, VS, CASE NO. 023-0453-M JIMMY. L, NEWSON, ,' Respondent. ( (5 ; UeSOP to pon veatine “ADMINISTRATIVE COMPLAINT “eee Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint. against JIMMY. L:.NEWSON. The Petitioner seeks the appropriate disciplinary: sanctioti: of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, » ad pursuantto Rule 6B+1.006, Florida Administrative Code, Principles of Professional Conduct for: ’ the Education'Profession in Florida, said sanctions specifically sct forth in Sections rol2. -T95(1) ands. 1012. 796(7), Florida Statutes. oi The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Kducator’s Certificate 421353, covering the arca(s) of Early Childhood Hducation, Elementary Education, English to Speakers of Other Languages, Reading, and Social Science, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at McNicol Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about June 10, 1998, Respondent grabbed his wife in the throat and facial arca, kicked and punched her, leaving redness, swelling, and scratches. Respondent was arrested and charged with Domestic Violence Battery. On or about October 8, 1998, Respondent pled nolo contendere, and the court withheld adjudication of guilt, Respondent failed to report the disposition of his case to the school district, JIMMY NEWSON Administrative Complaint Page 2 of 3 4, On or about October 10, 2003, Respondent grabbed D.W., a twelve-year-old male student, by the arm, pulled him out of the classroom, pushed him against a wall, and threw him into achair with excessive force. Respondent’s actions caused bruising and soreness to D.W.’s arm and back. The school district issued Respondent a letter of concer, STATUTE VIOLATIONS COUNT 1: | The Respondent is. in violation of Section 1012.795(1)(c), Florida:Statiites, . ~« in that Respondent has been: ‘guilty of gross immorality or an act involving moral turpitude. -1/'': COUNT 2 The Respondent isi in violation of Section {012.795(1)(i), Florida. Statutes, ‘in that Respondent has violated the Principles of Professional Conduct for the Eidication-Professions ‘*: = prescribed by State Board of Education rules. (UM ROEEINto cenecitt tte sen test “RULE VIOLATIONS ~~ egetions of misconduct s set forth herein are in violation 6 ie 006 3)(a);, Flo da. dm trative Code, in that Respondent has failed to mako'réasonable! ffort:- . -toprotect thes dent 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. COUNTS: TheRespondentis in violation of Rule 6B.1006(5)(m), Florida Adminisirative Code, in that Respondent has fuiled to self-report within lorty-cight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guill nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forly-cight (48) hours alter the final judgment. When handling scaled and expunged records disclosed under this rule, schoo] districts shall comply with the confidentiality provisions of Scctions 943.0585(4)(c) and 943.059(4)(c), Florida Statutes. COUNT 6: The Respondent is in violation of Rule GB-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 inta public disgrace or JIMMY NEWSON Administrative Complaint Page 3 of 3 disrespect and impair the individual's service in the community. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Scctions 1012.795(1) and 1012.796(7), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scopc of practice, administrative finc, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thercof, lor the reasons set forth herein, and in accordance’ with the Explanation and Election of Rights forms which arc attached hereto and made a part hereof iy reference, . ~ ~ tn, EXECUTED. on this: Cot aday of Dy; rm Comunissioner of Education : State of Florida

Docket for Case No: 06-004850PL