CHARLIE CRIST ComMISSIONER i March 28, 2001 ; O) -7Ole SN, 7 Ms. Deborah Smith 2340 Southeast 7th Place Homestead, Florida 33033 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 262-92-1679 Dear Ms. Smith: ° Pursuant to the provisions of Sections 231.262 and 231.2615, 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 231.2615(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 encloséd. ? 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. Please govern yourself accordingly. CC/fm ENCLOSURES THe Capito. Fiorina ATiannic University Tower Piaza Lever 08 University oF SouTH Floriva, St.PeTersaurG CAMPUS 220 S.E. 2no Avenue, #726 Fr. Lauperpale, Fiorina 33301 (954) 762-5322 Fax (954) 762-5197 TALLAHASSEE, Florina 32399-0400 (850} 487-1785 © SC 277-1785 Fax (850) 413-0378 © SC 993-0378 hitp:// Avwwfim.edu/doe POY 248, 140 71H Avenue South Sr. Peterssurs, Fiorina 33701 (727) 553-3730 *° Fax (727) 553-1033 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, vs. . ; DEBORAH GAINES SMITH, __ ; Respondent. / AD INISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against DEBORAH GAINES SMITH. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner allegesi:- . ony . we one tee JURISDICTION 1. :;,The Respondent holds Florida educator’s certificate 437950, covering the area of — elementary education, which is valid through June 30, 2003. ce : . 2. At all times pertinent hereto, the Respondent was employed as a fifth grade teacher at R.R. Morton Elementary School, in the Dade County School District. : MATERIAL ALLEGATIONS 3. On or about January 19, 2000, Respondent grabbed and choked a 10-year-old male student, W.M., student in the school cafeteria. On or about June 2, 2000, Respondent received her annual evaluation in which she was rated unacceptable in the area of professional responsibility. As aresult, Respondent received and overall rating of unacceptable, was placed on prescription and required to review school board policies and other materials regarding appropriate discipline techniques. On or about June 5, 2000, Respondent was issued a letter of reprimand by her principal, Yvonne Hinson, for the incident. The reprimand was for gross insubordination, as Respondent had been previously reprimanded for similar offenses. , ~ DEBORAH GAINES SMITH Administrative Complaint 2of2 OUNT 1: The Respon ent is in violation of Section 231. 2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent i is in violation of Section 231. 2615(1)(i), 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 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 4: 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission . impose an appropriate penalty pursuant to the authority provided in Sections 231. 262(6) and 231.2615(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 reasOnns 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 Z &~_ dayof VA ARCY , 2001, , - ARLIE CRIST, as Commissioner of Education State of Florida

Docket for Case No: 01-002063PL