STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-3041 KATHY LYNN HANCOCK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against KATHY LYNN HANCOCK. 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 1. The Respondent holds Florida Educator’s Certificate 652901, covering the areas of Art and Exceptional Student Education, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Ward-Highlands Elementary School in the Marion County School y Scho District. MATERIAL ALLEGATIONS 3. On or about May 4, 2011, Respondent allowed a paraprofessional to spray BitterLime®, a pet product to prevent biting, on the hands of IJ., a 10-year-old fifth grade male student who has an intellectual disability. A warning label on the spray bottle states, “Keep out of reach of children. For external use only.” Respondent claims to have allowed the spray to discourage LJ. from biting and/or placing LJ.’s hands in 1.J.’s mouth. She did not seek parental permission to use the spray, and did not notify 1.J.’s parents that the spray was used. LJ. became il and was vomiting after he went home that day, which was an early release day. Filed June 13, 2012 10:21 AM Division of Administrative Hearings KATHY LYNN HANCOCK Administrative Complaint Page 2 of 3 4. That afternoon, I.J.°s mother came to the school to find out what had been sprayed on LJ.’s hands. A teacher informed the principal of the situation, and the principal questioned Respondent, who verified that the spray had been used on I.J. The principal also notified the district. 5. On or about May 5, 2011, Respondent was placed on administrative leave and sent home. 6. On or about May 16, 2011, the district recommended that Respondent’s employment be terminated. 7. On or about June 1, 2011, Respondent submitted her resignation effective immediately. 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(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 Respondent is 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) KATHY LYNN HANCOCK 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 BY) gay ot Marth ___, 2012. mond, ? GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-002046PL