STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-0909 ELSY MARLENE SMITH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ELSY MARLENE SMITH. 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 6A-10.081, 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 878194, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2018. 2, At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Bel-Aire Elementary School in the Miami-Dade County School District, MATERIAL ALLEGATIONS 3, On or about November 28, 2010, in Miami-Dade, Gounty, Florida, Respondent engaged in an altercation with an adult victim, During the course of the altercation, Respondent reached into the victim’s vehicle and slapped the victim’s face. On or about January 18, 2010, Respondent surrendered herself and was arrested for 1) Burglary with Assault or Battery, and 2) Battery. Respondent completed a pretrial diversion program, and on or about January 23, 2011, a Nolle Prosequi was entered for both charges. ELSY MARLENE SMITH Administrative Complaint Page 2 of 2 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. 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 g day of _ AW arch, , 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-006276PL