1 4 a a 4 RL i Se SOO EER Se A RN ee O3R-UG PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 967-1106-B WILLIE PEARL SMITH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against WILLIE PEARL SMITH. 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 178825, covering the area of elementary education, which is valid through June 30, 1998. 2. At all times pertinent hereto, ‘the espondent was employed as an mentary at Wyomina Park Elementary School, in the Marion County School District. 3. On or about October 3, school student by tying the student to his desk chair with Respondent’s sweater. The student was restrained in this manner for over one hour. fe Re othe i ok CCL I LN RN i ll a Willie Pearl Smith Administrative Complaint 2 of 3 4 During the 1996-97 school year, Respondent inappropriately disciplined two male elementary students by locking them in a school bathroom stall and leaving them there. 5. On or about November 11, 1996, Respondent was placed on administrative leave from the Marion County School District. 6. On or about February 19, 1997, Respondent entered into a Resignation Agreement with the Marion County School District effective June 30, 1998. Respondent continued employment with the Marion County School District in a non-teaching position until June 30, 1998. STATUTORY VIOLATIONS COUNT 1: 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 [his/her] effectiveness as an employee of the school board. COUNT 2: 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 3: The allegations of misconduct set forth herein are 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 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.

Docket for Case No: 02-000969PL