FLORIDA DEPARTMENT OF EDUCATION 0 oy TALLAHASSEE, FLORIDA 32399-0400 “4 Ap Z &D Y ° 4 Owe . . 3 iow "35 Tom Gallagher CAS Ra Se Commissioner MET ip July 20, 2000 Q1-O595PL Ms. Tonnja Tomlin Post Office Box 243 Lake City, Florida 32056 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 267-53-3594 Dear Ms. Tomlin: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Sincerely, \e~ Tom G! her TGfjh ENCLOSURES Plaza Level, The Capitol * Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 http://www.fim.edu/doe An affirmative action/equal opportunity employer > STATE OF FLORIDA 0) I E D EDUCATION PRACTICES COMMISSION ~! &@ . 5 Py I: AOKI Slow 0 93 TOM GALLAGHER, as Hed STRAgT Commissioner of Education, “NBS ¥E Petitioner, YS. CASE NO. 978-2684-C TONNJA M. TOMLIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Tonnja M. Tomlin. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, 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 231.262(6) and 231.28(1), Florida Statutes. , The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 687252, covering the area of Elementary Education, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Sixth Grade Math teacher at Niblack Middle School, in the Columbia County School District. TERIA: 3. From 1990 through 1992, Respondent was arrested twelve times for passing worthless checks. Respondent was adjudicated Guilty of Passing Worthless Checks on July 31, 1990 ( three cases), October 30, 1990 ( one case), June 9, 1992 ( two cases), June 18, 1992 (six cases). Tonnja M. Tomlin Administrative Complaint 2 of 4 4. On or about January 28, 1998, Respondent wrote a worthless check. Respondent was arrested and charged with Worthless Check. On or about February 17, 1998, Respondent was adjudicated Guilty and assessed $26.00. 5. Between 1996 and 1997, Respondent obtained a controlled substance, Vicodin, by modifying a prescription to increase the number of refills she was permitted from one to four. Also, Respondent was obtaining the same of similar drugs from seven different Physicians. On or about June 2, 1997, Respondent was arrested and charged with Obtaining Controlled Substances by Fraud of Forgery. Respondent agreed to enter a drug and alcohol treatment program in order to forestall prosecution but she did not go to the treatment after the first appointment. 6. Prior to June 30, 1998, Respondent wrote five worthless checks to a grocery store. © Respondent was arrested and charged with five counts of Worthless Check. On or about June 30, 1998, Respondent was adjudicated Guilty on all five counts and was assessed $53.00 court costs and $25.00 State Attorney fees for each check and required to 7. Prior to July 28, 1998, Respondent wrote a worthless check to a food store. Respondent was charged with Worthless Check and on or about July 28, 1998, was adjudicated Guilty by the court. Respondent was required to pay restitution, court costs and fees. 8. On or about February 9, 1998, Respondent took $3,200.00 from the Girl’s Basketball Boosters account by writing checks to herself and depositing the funds into her own bank account. When confronted with the theft Respondent agreed to repay the money. 9. On or about March 24, 1998, Respondent threatened to change the grade of a female student, S.J., because Respondent claimed that the student had been keeping a diary of the Respondent’s activities in class. 10. During the 1997-1998 and 1998-1999 school years, Respondent used inappropriate language toward a parent, fellow teachers and student teachers. Respondent often threatened, insulted, berated and confronted those she did not agree within front of others. On or about February 26, 1998, Respondent called several other teachers “racist, red neck bitches” to other members of the teaching staff and threatened to “get the job” of one of them. During the 1998- 1999 school year, Respondent used racists and demeaning language to her student intern and then threatened him when he discussed the issue with the school principal. On or about March 2, 1998, after being admonished by the school principal concerning her behavior toward the student intern, Mr. Moultrie, Respondent made an obscene gesture toward him and was observed by other staff members. Tonnja M. Tomlin Administrative Complaint 3 of 4 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(3)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(£), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 4: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. COUNT 5: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. COUNT 6: Section 231.28(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RUL LATI COUNT 7: 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 safety. COUNT 8: 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. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. Tonnja M. Tomlin Administrative Complaint 40f4 COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 12: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or. with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 13: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. , , COUNT 14: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and - 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 207 day of fork , 2000. bo TOM AAGHER,; Commissioner of Education, State of Florida

Docket for Case No: 01-000523PL