STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. Sl.\11TH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 089-2330

CHERYL GROOVER MCMASTER,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Cornmissfoner of Education, files this Administrative Complaint against CHERYL GROOVER MCMASTER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections i012.315, 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

1. The Respondent holds Florida Educator's Certificate 583472, covering the areas of Emotionally Handicapped and General Science, which was valid through June 30, 2010.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at

   Congress Middle Scheel i...'1 the Palm Beach County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about March 30, 2005, in Palm Beach County, Florida, the Respondent was a passenger in a vehicle. Wben the vehicle was stopped and the driver arrested for outstanding warrants, the Respondent refused to comply with the directions of police officers, and struck one of the officers on the shoulder. The Respondent was arrested and charged with Battery on a Police Officer. The charge was reduced to Battery and was nolle prossed after the Respondent completed community service hours.

   
   

   Filed July 19, 2011 8:58 AM Division of Administrative Hearings

   
   

4. On or about March 27, 2007, in Palm Beach County, Florida, the Respondent engaged in a physical altercation with her husband. The Respondent was arrested and charged with Domestic Battery. On or about April 16, 2007, the charge was dropped.

   
   

5. On or about October 5, 2007, in Palm Beach County, Florida, the Respondent engaged in a physical altercation with her husband and bit him on the arm. The Respondent was arrested and charged with Domestic Battery. On or about October 22, 2007, the charges were dropped.

   
   

6. On orabout March I, 2009, in Palm Beach County, Florida, the Respondent operated a motor vehicle while she was intoxicated. The Respondent struck another vehicie and drove away from the scene. The Respondent attempted to evade law enforcement officers in hervehicle and was only detained after she drove her vehicle onto a dead-end driveway and into a ditch. The Respondent attempted to walk away from the scene, struggled with an officer when being placed in handcuffs and directed profanities at the officer. The Respondent refused to submit to a breath test.

   
   

7. As a result of the conduct alleged in Paragraph 6 of this i\d..111.inistrative Complaint, the Respondent was arrested and charged with Driving Under the Influence Enhanced (Causing or Contributing to Injury to Person or Property), Leaving the Scene of Crash Involving Damages, Reckless Driving and Resisting an Officer Without Violence. On or about July 27, 2009, the Respondent was adjudicated guilty of Driving Under the Influence Enhanced (Causing or Contributing to Inju. ; to Person or Property) and Resisting an Officer Without Violence. The remaining charges were nolle prossed.

   
   

8. On or about March 22, 2009, in Palm Beach County, Florida, the Respondent operated a motor vehicle while she was intoxicated. The Respondent struck two other vehicies and drove away from the scene. The Respondent attempted to evade law enforcement officers in her vehicle, and drove erratically and dangerously through traffic. Law enforcement utilized spike strips to deflate the tires of the Respondent's vehicle. The Respondent continued to attempt to drive the vehicle, refused to exit the vehicle, and had to be physically removed. She failed field sobriety tests and had a blood alcohol level of .246 when measured with a breath test.

   
   

9. As a result of the conduct alleged in Paragraph 8 of this Administrative Complaint, the Respondent was arrested and charged with Fleeing and Eluding a Police Officer, Driving Under the Influence Enhanced (Causing or Contributing to Injury to Person or Property), Leaving the Scene of Crash Involving Damages, Reckless Driving, Driving While License Suspended and Resisting an Officer Without Violence. On or about July 16, 2009, the Respondent entered a plea of guilty and was adjudicated guilty of Driving Under the Influence Enhanced (Causing or Contributing to Injury to Person or Property), Reckless Driving, Driving While License Suspended and Resisting an Officer Without Violence. The remaining charges were nolle prossed.

   
   

10. The Respondent failed to report to her immediate supervisor the criminal arrests alleged in Paragraphs 3, 4 and 5 of this Administrative Complaint as required by Palm Beach Connty School Board policy 3.13.

    
    

11. On or about October 15, 2009, the school district suspended the Respondent without

    pay.

    
    

12. On or about April 20,2010, the Respondent tendered her resignation, retroactive to December 31, 2009.

    
    

13. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation or other sanction of a teaching certificate.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(1)(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 1012.795(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, felony, or any other criminal charge, other than a minor traffic violation.

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

COUNT 4: The Respondent is in violation of Section 1012.795(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 5: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings.

(SIGNATURE ON FOLLOWING PAGE)

WHEREFORE, based on the reasons set forth herein and in accordm1ce 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 \      day of_ f\  "" '°-'.._I , 2011.

DR. E J. SMITH, as

Coi:nmissioncr of Education State of Florida

Docket for Case No: 11-003484PL