STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-1838 JIMMY R. THOMAS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JIMMY R. THOMAS. 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 557189, covering the areas of Physical Education and Driver Education, which is valid through June 30, 2016. 2 At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Horace Mann Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about October 20, 2011, in an attempt to move A.D., a seventh grade, male student, against his will, Respondent pulled A.D. up from his chair by raising both of A.D.’s arms above the shoulders. A.D. had recently had surgery on one arm and Respondent’s action caused further injury to A.D.’s arm. ay 4, On or about January 19, 2012, Respondent was suspended for a period of 30 days from his teaching position with the District as a result of his actions. JIMMY R. THOMAS Administrative Complaint Page 2 of 3 5, On or about April 8, 2014, Respondent inappropriately disciplined J.A., a seventh grade, male student, by pulling J.A.'s arm behind his back and pushing his wrist upward towards his shoulder. As Respondent held J.A. in this position, Respondent opined that L.A. would someday end up in jail where he would be abused by the other inmates. 6. On or about Apri! 9, 2014, Respondent became engaged in altercations with JR, a sixth grade, male student, and T.E., an eighth grade, male student. When J.R. refused to move after being told to by Respondent, Respondent grabbed LR. under both arms, pull LR. over a desk and pushed him out of the room. T.E. attempted to hit Respondent after being pushed by Respondent, Respondent reacted by pushing T.E. to the ground and holding him there, placing his forearm on T.E.’s throat, restricting T.E.’s breathing. 7. On or about August 29, 2014, Respondent retired in lieu of termination from his teaching position with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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 effectiveness as an employee of the school board. COUNT 2: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 4: The allegations of misconduct set forth herein are in violation of Rule 64- 10.0813 Me), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) JIMMY R. THOMAS 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 2015. EXECUTED on this_ [@% day of Mas _ . 2 PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-001423PL