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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs SHELLANE G. CLARK, 07-001967PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001967PL Visitors: 14
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: SHELLANE G. CLARK
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Bushnell, Florida
Filed: May 07, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 15, 2007.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA . EDUCATION PRACTICES COMMISSION: JOHN L. WINN as Commissioner of Education, EW L~ AVM L987 Petitioner, WS. CASE NO. 445-3286-T SHELLANE G. CLARK, O] 147 PL Respondent. { ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against Shellane G. Clark. 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 Fducator’s Certificate 883987, covering the area of Elementary Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Physical Edueation Teacher in the Sumter County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school ycar, Respondent allowed some students to give their extra credit points to other students and added extra points to the grades of students who gave money to her son’s mathathon. Onc student received a passing grade after earning a failing one following his loan of fifteen dollars to Respondent and on at least one occasion, Respondent engaged in discussion of her sexual activities with hcr Gancé with students. On or about May 23, 2005, Respondent was suspended with pay for three days contingent upon receiving her Ictler of resignation. On or about May 23. 2005, Respondent resigned from her position as a teacher with the Sumter County School District. dae SHELLANE G. CLARK 5 Administrative Complaint me MAY <7 AA 37 Page 2 of 3 oO SEA AUTORY VIOLATIONS ISTRANVE Pee oat COUNT I: The: 1012.795(1)(c), Florida Statutes, in that Respondent has been guilly of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 1012.795(1\(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth hercin are in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the Statc Board of Education. RULES 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 failed to make a reasonable effort to protect a student from conditions harmful to learning or to the student’s mental health or physical safety. COUNTS: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent intentionally exposed a student to embarrassment or disparagement. COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(h), Florida Administrative Code, in that Respondent exploited a relationship with a student for personal gain or advantage. COUNT 7: The allegations of misconduct set forth hercin are in violation of Rule 6B-1.006(4)(d), Florida Administrative Code, in that Respondent accepted gratuity, gift, or favor to obtain special advantages. (SIGNATURE ON FOLLOWING PAGE) SHELLANE G. CLARK Adtministrative Complaint Page 3 of 3 BAY -F A Th 34 WHEREFORE, based on the reasons s¢tforth-herein and in accordance with the Explanation of Rights and Election of Rights Hors Altaghed to and made a part of this Administrative Complaint, Petitioner respgetfally #evommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 10!2.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but arc not limited to, any onc of or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any pcriod of lime; 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 certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to ten years or permanently; or barring the Respondent from reapplying for an cducator’s certificate for a period of time up to ten years or permanently. EXECUTED on this Df aay “Seah, —§ 2006. Commissioner of Education, State of Florida

Docket for Case No: 07-001967PL
Issue Date Proceedings
Sep. 12, 2007 Undeliverable envelope returned from the Post Office.
Aug. 22, 2007 Undeliverable envelope returned from the Post Office.
Aug. 15, 2007 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Aug. 03, 2007 Undeliverable envelope returned from the Post Office.
Aug. 01, 2007 Undeliverable envelope returned from the Post Office.
Jul. 24, 2007 Additional Information in Support of Motion to Relinquish Jurisdiction filed.
Jul. 24, 2007 Amended Petitioner`s Motion to Relinquish Jurisdiction filed.
Jul. 24, 2007 Order. (hearing scheduled for August 2, 2007, is cancelled; and Respondent shall file any response to the Motion to Relinquish Jurisdiction no later than August 10, 2007).
Jul. 19, 2007 Petitioner`s Motion to Relinquish Jurisdiction filed.
Jul. 05, 2007 Undeliverable envelope returned from the Post Office.
May 24, 2007 Order of Pre-hearing Instructions.
May 24, 2007 Notice of Hearing (hearing set for August 2, 2007; 10:30 a.m.; Bushnell, FL).
May 21, 2007 Petitioner`s Response to Initial Order filed.
May 07, 2007 Administrative Complaint filed.
May 07, 2007 Election of Rights filed.
May 07, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 07, 2007 Agency referral filed.
May 07, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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