STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 07-25 74 PL JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-3176-M AMY DAVIS, Respondent. A STRATIVE COMPLAINT Petitioner, Jahn L. Winn, as Commissioner of Education, files this Administrative Complaint against AMY DAVIS. 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-!.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 542728, covering the arca of Mathematics, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at McArthur High School in the Broward County School District. MATE ALLE 3. During the 2004-2005 school year, Respondent repeatedly engaged in inappropriate and unprofessional conduct with students. The conduct included inappropriate discipline, including hitting students with markers, erascrs, books and a yard stick and pulling hair, as well as making disparaging comments directed at students in the presence of others, including name calling, profanity and racia! epithets. Respondent’s conduct included, but is not limited to, that outlined below. AMY DAVIS Administrative Complaint Page 2 of 3 A. Respondent struck W.C., a male student, 2 to 3 times on the head with a marker while making disparaging comments about him and directing profanity toward him. On another occasion, Respondent hit W.C. on the head with a large ruler or yard stick. B. Respondent struck R.L., a male student, on the back with a book. On another occasion, Respondent struck R.L. on the arm with a closed fist while she held a marker. C. Respondent pulled N.A., a male student, by the hair on at Icast two occasions. Respondent also made disparaging comments about N.A. and directed profanity toward him. D. Respondent directed racial epithets towards R.D., a male student. E. Respondent threw a book at J.G., a male student. F, Respondent threw an eraser at A.T., a male student, that hit him in the shoulder. Respondent also dirccted disparaging comments and racial epithets toward him. These comments included: “You are a whole nigger from the jungle”; “Go and kill yourself”; “Go play with your mother”; and “Sassy (gay) boy.” G. Respondent stabbed K.C., a male student, in the neck with a marker. 4. On or about June 16, 2005, Respondent resigned her position with the school board while charges were pending. 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. COUNT2: The Respondent isin 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)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. AMY DAVIS Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rulc 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 5: | 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 6; 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 shail make reasonable effort to assure that cach student is protected from harassment or discrimination. WHEREFORE, based on the reasons set 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 Scctions 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 cnroll 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 10 years or permanently; or barring the Respondent from rcapplying for an educator's certificate for a period of time up to 10 years or permancntly. EXECUTED on this | 4%". aay of Avo kk _. 2006 Commissioner of Education State of Florida

Docket for Case No: 07-003574PL