; STATE OF FLORIDA 02 EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-0288-M DOROTHY B. LINDSAY, Respondent. / nO ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Dorothy B. Lindsay. 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 430809, covering the areas of Early Childhood and Elementary Education, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as an ESOL teacher at Westwood Heights Elementary School, in the Broward County School District. MATERIAL ALLEGATIONS 3. During June 1991 through May 1993, Respondent acting with others filed false IRS wage and tax statements for individuals who were filing Federal Income Tax Returns electronically. Respondent had used corporations she had created in Florida to file the false documents and conspired with others to defraud the U.S. Government.’ On or about April 14, 1998, Respondent was arrested and charged with Conspiracy to Defraud the United States Internal Revenue Service by Fraudulent Claims. On or about May 24, 1999, Respondent pled Guilty to the charges and the court DOs ron ot Dorothy B. Lindsay Administrative Complaint Page 2 of 2 adjudicated her guilty. Respondent was sentenced to four months in prison, three years probation, and $65,689.00 in restitution. ’ STATUTORY VIOLATIONS 9hsAtSe 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)(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)(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 4: 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. 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 22> day of Wee 1999. NV gn TOM GAL! R>as = Commissioner of Education, State of Florida po 2 orm

Docket for Case No: 02-000305PL