STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-0381-M PAULA MERCURIO, Ol -3 327A p L _ Respondent. / en ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against PAULA MERCURIO. 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 alleges: - JURISDICTION | L. * ‘ {The Respondent holds Florida educator’s certificate 662454, covering the areas of elementary education, which is valid through June 30, 2001. 2. Atall times pertinent hereto, the Respondent was employed as a third grade teacher at Spring Lake Elementary School, in the Seminole County School District. MATERIAL ALLEGATIONS 3. During February 2000, Respondent received and stored on her unsecured classroom computer hard drive several offensive and/or obscene messages in violation of school board policy. These messages included computer generated and installed photographs and one or more video vignettes that depicted explicit pornographic, obscene or offensive acts and poses of human beings. One of the pictures was of a nude male in a child’s inflatable swimming pool and another depicted a the nude body of a woman with the head of Janet Reno, who was Attorney General of the United States at the time. One or more of these computer files could be readily accessed by anyone using the computer, including Respondent’s students, via a shortcut icon displayed on the main menu screen. On or about September 26, 2000, Respondent received a letter of reprimand for storing PAULA MERCURIO Administrative Complaint 2 of 2 offensive material on a school owned computer which was accessible to students from her principal, © Dr. Ines Schmook. STATUTE VIOLATIONS COUNT 1: The Respondent 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 is in violation of Section 231.2615(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 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 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 Z&_ dayof NAReCH 2001. CHARLIE CRIST, as Commissioner of Education State of Florida

Docket for Case No: 01-003332PL