STATE OF FLORIDA 4 “ EDUCATION PRACTICES COMMISSION §—g , 4/1 a, Hf Slop os JOEIN L. WINN, as Wile Neg Commissioner of Education, Petitioner, VS. CASE NO. 034-0619-V EDDIE RUTH BROWNING, 0 () S7 p [- Respondent. O | ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Kducation, files this Administrative Complaint against EDDIE RUTH BROWNING. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certilicate pursuant to Sections 1012.795 and 1012.796, Florida Statules, 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 L. The Respondent holds Florida Educator's Certificate 298993, covering the area of Business Education, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Business Education Teacher at Holly Hill Middle School in the Volusia County School District. MATERIAT, ALLEGATIONS 3. From 2002 through 2004, Respondent engaged in inappropriate, derogatory, and hostile conduct and discipline toward her middle school students, including, but not limited to: a, telling £.B., a male student, to close his legs because he smelled, and that perhaps the smell was coming from §.D., a female student in the room, because she always had her Jegs open, or words to that effect; b. chastising D.S., a male student, in front of the class for being late, although she knew that D.S. required extra time to get to class because he had a disability which EDDIE RUTH BROWNING Administrative Complaint Page 2 of 3 required the use of crutches; c. refusing to acknowledge students who had their hands raised, and giving referrals to students for raising their hands to ask questions or request to go to the restroom or clinic; d. giving referrals to students for sneezing or coughing without using a tissue, e, telling K.W., a male student, that she would “jack him up,” or words to that cffect, and saying she would fabricate a referral so that he would get in trouble; im refusing to assist students in making up work for excused absences, 2. frequently scrcaming and speaking disrespectfully to students, parents, and administration; and h. telling students in the PASS (Positive Alternative School Suspension) program that they would never have a life, that they had horrible genes, and their children would be as useless as they were. 4, Respondent was given several letters of reprimand, placed on performance improvement plans, and directed to scrve a five-day suspension without pay for her inappropriate behavior. Prior to completing her suspension, Respondent took an extended leave of absence, and has not rcturned to the classrooms. 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)(£), Florida Statutes, in that Respondent has been found guilly of personal conduct which scriously reduces her effectiveness as un employee of the schvol board. COUNT3: 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 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. COUNTS: The allegations of misconduct yet forth herein are in violation of Rule 6B- 1.006(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student from independent action in pursuit of learning. EDDIE RUTH BROWNING Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- |.006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student's academic program. COUNT 7: — The allegations of misconduct set forth herein are in violation of Rulc 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally cxposed a student to unnecessary embarrassment or disparagement. COUNT 8: The allegations of misconduct set forth hercin are in violation of Rule 6B- 1,006(3)(f), Florida Administrative Code, in that Respondcnt has intentionally violated or denied a student’s legal rights. . COUNT 9: — 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 ur 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. WHEREFORE, based on the reasons sct forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes, The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator's certilicate for a period of time not to exceed five years; revoking the Respondent's eduvator’s ccrtificate for a period of time up to 10 years or perinancatly; or barring the Respondent {rom reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this a - day of 2006. ———— Commissioner of Education State of Florida

Docket for Case No: 07-000057PL