STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-1661

ROSALIND WATTS KINSLE

Respondent.

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Adnrinistrative Complaint against ROSALIND WATIS KINSLER. The Petitioner seeks the appropiiate disciplin.ary sanction of the Respondent's educator's certificate pursua..rit to Sections 10 i 2.315, l012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B L006, 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 831118 , covering the area of Elementary Education, which is valid through June 30, 2012.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher

   at Viash ii1gton Shores Elementary School in the Orange Cou.'1ty School District.

   
   

   lVlATERIAL ALLEGATIONS

   
   

3. On or about December 20, 2009, in Orange County, Florida , Respondent went to the home of a neighbor where Respondent's boyfriend was visiting . Respondent was armed with a sword. The neighbor pointed a pistol at Respondent and told her to leave. Respondent s.trn c k the neighbor' s hand, causing the pistol to discharge. The bullet struckRespondent's boyfriend and killed him. Respondent was arrested for Manslaughter and subsequently charged with Aggravated Assault with a Deadly Weapon. On or about October 15, 2010, Respondent was adjudicated guilt'j of Aggravated Assault with a Deadly Weapon. Respondent was sentenced to 87 days in county jail, five years probation, and 125 hours of community service.

   
   

   Filed June 3, 2011 12:00 PM Division of Administrative Hearings

   ROSALIND WATTS KINSLER

   Administrative Complaint

   Page 2 of3

   
   

4. Pursuant to Section 1012.315(l)(f}, Florida Statutes, Respondent is ineligible for teacher certification because she has been convicted of an offense prohibited under Section 784.021, Florida Statutes.

   
   

5. Pursuant to Section I012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for the revocation or other sanction of a teaching ce1tificate.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT I: The Respondent is in violation of Section I012.795(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.

COUNT 2: The Respondent is in violation of Section i012.795(l)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, fe lony7 or any other criminal charge, other t.1ian a rninor traffic violation.

COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent bas been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board.

COUNT 4: The Respondent is subject to Section 1012.795(l)(n), Florida Statutes, in that Respondent bas been disqualified from educator certification under 1012.315, Florida Statutes.

(SIGNATURE ON FOLLOWING PAGE)

ROSALIND WATIS KINSLER

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 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 ba1ring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or perma11ently.

EXECUTED on this \ S-i-- day of (\llc.ccJ-, , 2011.

DR. as Commissioner of Education State of Florida

Docket for Case No: 11-002800PL