STATE OF FLORIDA & i j ie Pr EDUCATION PRACTICES COMMISSION ° °°" '= . SIDEC-3 PH 2:25 TOM GALLAGHER, as : BIVISIGN OF Commissioner of Education, ADM! IiSTRaT iVE HE Petitioner. 5 OI-Y S90 pL vs. ; CASE NO. 990-0780-M. JUDITH HOPE WAX, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Judith Hope Wax. 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 777771, covering the area of English, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a English teacher at Pompano Middle School, in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about June 14, 1999, Respondent sent E-Mail to several of her students’ that contained sexually suggestive jokes and audio files that contain sexual material not suitable for students. The E-Mails contained profanity and sexual comments inappropriate for a teacher to provide to a student. Several parents of the students became aware of the E-Mails and objected to them being sent to their children. renee Ss _. vie kk kn ee hl Judith Hope Wax Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(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)(f, 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 3: 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. RULE VIOLATIONS COUNT 4: 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 5: 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 231.28(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. AY EXECUTED on this 42 day of pel 2000. —=_> Loom TOM GAL HER, as Commissioner of Education, State of Florida ; FLORIDA DEPARTMENT OF EDUCATION TALLAHASSEE, FLORIDA 32399-0400—" i R = 0! DEC ~3 PH 2:95 Tom Gallagher DIVISION Commissioner ACMINISTP ive HEARINGS April 4, 2000 Ms. Judith Wax 1290 South Military Trail #415 Ot ae Deerfield Beach, Florida 33442 CERTIFIED MAIL : RE: Finding of Probable Cause Dear Ms. Wax: 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, ler Tom gher TG/jh ENCLOSURES Plaza Level, The Capitol ¢ Tallahassee, Florida 32399-0400 (850) 487-1785 * Fax (850) 413-0378 http://www.firn.edu/doe An affirmative action/equal opportunity employer COO?

Docket for Case No: 01-004590PL