STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Commissioner af Education, \o-I TOPE Petitioner, vs. CASE NO. 078-3298 FLOSSIE BEATRICE WOMACK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against FLOSSIE BEATRICE WOMACK. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 lL. The Respondent holds Florida Educator’s Certificate 150917, covering the areas of Administration/Supervision, Elementary Education, Reading, and Specific Learning Disabilities, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at William Dandy Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about December 17, 2007, teacher, Nicole Burek, witnessed three of the Respondent’s students engaged in, or attempting to engage in, a sexual act on school grounds. Two students were eleven-years-old, and one student was thirteen-years-old. All three students were exceptional education students with significant exceptionalities. 4. Nicole Burek advised Respondent that she had witnessed the students engaged ina sexual act. The Respondent indicated to Burek, “I’1] talk to them,” or words to that effect. . FLOSSIE BEATRICE WOMACK Adminisirative Complaint Page 2 of 3 5. The Respondent failed to take any action for the protection of the students involved, and failed to notify anyone of the allegation. The Respondent failed to notify law enforcement or the Department of Children and Families. 6. During the investigation of the above-described incident, the Respondent indicated a student’s stepfather would kiss and hug the student each morning in an inappropriate manner, but she failed to notify any authority or to take any action for the protection of the student. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes, in that Respondent knowingly failed to report actual or suspected child abuse as required in s. 1006.061 or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of students as required in s. 1012.796. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), 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 Respondentis in violation of Section 1012.795(1)G), 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. (SIGNATURE ON FOLLOWING PAGE) FLOSSIE BEATRICE WOMACK. Administrative Complaint Page 3 of 3 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 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 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; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this Oday of Yue. _, 2009. Commissioner of Education State of Florida.

Docket for Case No: 10-001715PL