STATE OF FLORIDA “ELE L) EDUCATION PRACTICES COMMISSION) yy > Php iF iy ! in 6 Oi TOM GALLAGHER, as AD} Commissioner of Education, Petitioner, vs. CASE NO. 990-0809-V ROBERT C. NICHOLSON, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Robert C. Nicholson. 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 61 1097, covering the area of English, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as an English teacher at Jan Mann Opportunity Center School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about May 28, 1999, Respondent entered a dwelling without permission of the resident. Respondent pushed the bedroom door open forcefully, striking a person“and then struggled with that person. On or about June 11, 1999, Respondent was arrested and charged with Burglary of Occupied Dwelling and Domestic Battery. On or about August 30, 1999, Respondent pled Nolo Contendere, was adjudicated guilty of Aggravated Battery and Burglary with Assault or Battery. Respondent was sentenced to community control, probation and assessed court courts. Robert C. Nicholson Administrative Complaint 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)(€), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: 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. a EXECUTED on this 207 - day of —_, 2000. a te7~ TOM GALLAGHER, as Commissioner of Education, State of Florida ”

Docket for Case No: 02-000306PL