STATE OF FLORIDA oe EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 023-0956-B 7E1.MA JENKINS, OF -O7 q q la (C Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ZELMA JENKINS. 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 l. The Respondent holds Florida Educator’s Certificate 312433, covering the areas of Elementary Education, English to Speakers of Other Languages, Early Childhood Education, Mentally Handicapped, and Specific Learning Disabilities, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Floral Heights Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, Respondent inappropriately disciplined third- grade ESE students in the classroom by placing them in time-out under a table in front of the class and telling them they were “in jail.” On or about April 25, 2002, Respondent struck D.M., a male student, with a ruler and placed him in “jail” after he stuck A.J., another matc studcnt, in the hand with a pencil. Respondent then yelled at A.J. to stop being a “hig crybaby”, or words to that effect. The principal interviewed A.J. and D.M. that day and observed no visible marks or injuries on them. ZELMA JENKINS Administrative Complaint Page 2 of 3 4. On or about August 30, 2002, Respondent stated to a school police investigator that shc had assisted A.J. by trying to stop his bleeding after he was stuck with the pencil, and presented the investigator with copics of an injury report and a student case management referral form, as well as a statement written by D.B., a volunteer who was present in the room at the time of the incident, which stated that Respondent had not hitD.M. Respondent stated that she had filed the injury report and referral forms with the school office. The threc documents provided by Respondent were dated April 25, 2002. The principal scarched the school files and computer records and found that there were no such reports on file. D.B. confirmed that she had written the statement Respondent had provided, but that she had secn Respondent hit D.M., that A.J. was not bleeding and needed no first aid, and that she (D.B.) had written the statement because Respondent had asked her to write it for her defense. 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 sct forth herein arc 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 4: The allcgations of misconduct set forth hercin are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposcd a student to unnecessary embarrassment or disparagement. COUNT 5: = 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(d), Florida Administrative Codc, in that Respondent has accepted gratuily, gift, or favor that might influence professional judgement. COUNT 7: — The allegations of misconduct set forth herein are in violation of Rule 6B- ZELMA JENKINS Administrative Complaint Page 3 of 3 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 8: The Respondent isin violation of Rule 6B. 1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 (he teaching certificate not to exceed three years, permanent revocation of the leaching certificate, or combination thercof, for the reasons set forth hercin, 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 22 dayof Nuly -, 2005, been Commissioner of Education State of Florida

Docket for Case No: 07-000799PL