STATE Oil fi'L0RIDA EDUCATION PRACTICES COiVfMISSI0N

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-1359

N0RJ.vIAN CHARLES R0DHAM,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against NORMAN CHARLES RODHAM . The Petitioner seeks the appropriate disc-iplinary 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 sanctio11s 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 941458, covering the areas of Elementary Education, Social Science and Exceptional Student Education, which is valid through June 30, 2014.

2. At an times pertinent hereto, the Respondent was employed as a ParaProfessional Teacher at Indialantic Elementary School in the Brevard County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. During August of 2009, the Respondent engaged in inappropriate conduct towards

   G.R. , a five year-old male student classified as developmentally delayed. Specifically:

   
   

   1. on or about August 13, 2009, the Respondent pushed G.R. when G.R. touched a guitar; and

      
      

   2. on or about August 25, 2009, when G.R. misbehaved and did not follow

   
   

   Filed February 10, 2011 9:47 AM Division of Administrative Hearings

   
   

   NORMAN CHARLES RODI-JA1\I!

   Administrative Complaint

   Page 2 of3

   
   

   directions, the Respondent grabbed G.R. roughly by the arm and yanked G.R.'s arm, causing G.R. to cry.

   
   

4. On or about August 26, 2009, the Respondent was placed on administrative leave pending the investigation of the allegations alleged herein. The Respondent had previously notified the school district of his intention to resign on September 3, 2009, and did in fact resign on that day.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(g), Florida Statutes, m that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.

COUNT 2: The Respondent is in violation of Section 1012.795(1)G), Florida Stamtes, 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 set forth herein are in violation of Rule 6B­ l.006(3)(a), Florida Administrative Code, in that Respondent has faiied 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 allegations of misconduct set forth herein arc in violation of Rule 6B- l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a smdent to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

NORMANCHARLESRODHAM

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, but arc 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 ce1iificate 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 P.._espondent to be ineligible for certification; or ba_rring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently.

EXECUTED on this )3-\- day 2010.

Commissioner of Education

State of Florida

Docket for Case No: 11-000691PL