STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2242

GW.END0 LYN MICHAUN TREHERNE,

Respondent.

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ADMINISTRATIVE C0MPLAL T

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against GWENDOLYN MICHAUN TREHERJ.'JE. The Petitioner seeks the appropriate

disciplinary san.ction of the Respondenl' s_ educator's c: rtificate pmsuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursu:antto Rule 6B-l.006, Florida Administrative

Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifica lly 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 921238, covering the area of Ertgiish and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2015 .

   
   

2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Vanguard High School in the Marion County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about December 19, 2009, Respondent engaged in inappropriate conduct with

   F.J., an eighteen-year-old male student.

   
   

4. Respondent became involved in a verbal altercation with F.J. which started when she told him to "go to Hell." F.J. responded in like manner at which time Respondent began yelling in his face to "Bring it on." Respondent continued to verbally taunt F.J. until a School Resource Office r·was called to the class by another teacher and removed F.J..

   
   

   Filed December 16, 2010 10:33 AM Division of Administrative Hearings

   GWENDOLYN MICHAUN TREHERNE

   Administrative Complaint

   Page 2 of3

5. Respondent used poor judgment in the management of her classroom. Respondent failed to de-escalate a situation leading to class disruption.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education.

COU:-IT 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.

COUNT 3: The Respondent is in violation of Section I012.795(1)(j),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 l.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 l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to UTuLecessary embarrassment or disparagement.

(SIGNATURE ON FOLLO\VING PAGE)

GWENUOLYN MICHAUN TREHERNE

Administrative Complaint

Page 3 of3

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, hut 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 pc,manently.

EXEC{JTED on this , 2010.

DR. Eij¢J. SMITH, as

Commissioner of Education State of Florida

Docket for Case No: 10-010686PL