STATE OF FLORIDA. EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-2895 LEAH R. MERRIQUE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LEAH R. MERRIQUE. 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 de The Respondent holds Florida Educator’s Certificate 1067914, covering the areas of Earth-Space Science, Elementary Education, Reading, Business Education and Exceptional Student Education, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Samuel S. Gaines Academy in the St. Lucie County School District. MATERIAL ALLEGATIONS 3. On or about February 24, 2017, Respondent grabbed a 12 year old, male student and pushed him down on the stairs and pushed him down again when he attempted to stand up, refusing to let him stand up until another teacher came to assist. Respondent noticed another 12 year old, male student recording the incident on his cell phone so Respondent grabbed him around the neck and threw him to the floor in an attempt to obtain his cell phone. Both of these incidents occurred on school grounds and during school hours. LEAH R. MERRIQUE Administrative Complaint Page 2 of 3 4. On or about February 24, 2017, as a result of the conduct alleged herein, Respondent was charged with two counts of Child Abuse (Intentional Act). On or about June 30, 2017, Respondent pled no contest to the amended charges of two counts of Battery, and the court withheld adjudication of guilt. 5. Respondent’s conduct alleged in paragraph 3 herein seriously reduced her effectiveness as an employee of the School District, as evidenced by the St. Lucie County School District terminating Respondent’s employment. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, 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 6A- 10.081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) LEAH R. MERRIQUE 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 46% aayot_(Y\arch _, 2018. Abi Lecrerrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-003265PL