L4-4SWA AL STATE OF FLORIDA er he BS EDUCATION PRACTICES COMMISSION C2 JUL 22 PNI2: 15 CHARLIE CRIST, as Commissioner of Education, Petitioner, ys. CASE NO. 001-2132-A LUCINDA S. NELSON, Respondent. / eee ADMINISTRATIVE COMPLAINT ~ Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against LUCINDA S. NELSON. 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 1. The Respondent holds Florida educator’s certificate 419797, covering the areas of guidance & counseling, psychology, administration and an endorsement in middle grades, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a guidance counselor at Ridgewood High School, in the Pasco County School District. MATERIAL ALLEGATIONS 3. Between February, 1999 and March, 2001, inclusive, the Respondent bought alcoho} for and/or offered alcohol to students, who then consumed the alcohol. During spring break of the 1998-1999 school year, she bought and distributed alcohol (wine coolers) to A.S., a female in her freshman year at the time, while the Respondent and A.S. were in Boca Grande on a trip. Lucinda S. Nelson Administrative Complaint Page 2 of 3 4. Approximately during the summer break of 1999, the Respondent bought and distributed wine coolers and daiquiris with rum in them to A.S. and/or H.G. while they were on vacation with the Respondent. H.G. is a female whose date of birth is July 7, 1983. The Respondent knew that the daiquiris that the students were drinking contained liquor. 5. When they all returned from the trip, the Respondent bought A.S. and/or H.G. more wine coolers, which she gave to them in her house. 6. Approximately during the winter break of 1999, the Respondent distributed wine coolers and/or soda with bourbon or another liquor in it to A.S. and H.G. in the Respondent’s home. 7. On several other occasions between February, 1999 and March, 2001, inclusive, the Respondent distributed wine coolers and/or other forms of alcoholic beverages to AS. and H.G. 8. On or about March 7, 2001, H.G. and V.E., a 17-year old female student, went to the - Respondent’s office at school. While there, the Respondent told them that she would not get fired because she had only bought A.S. and the others alcohol two times. The Respondent also stated that the students had never gotten drunk or driven or left the Respondent’s sight when she had given them alcohol. 9. On or about March 7, 2001, the Respondent made a threatening remark to H.G.. implying what the indirect consequences would be if H.G., A.S. and/or V.E. were to speak about the Respondent’s having given them alcohol. 10. Onor before October 18, 2001, the Respondent made threatening remarks to H.G. and V.E. The Respondent told them words to the effect that their lives would be a living hell for the rest of their senior years if they gave a statement about the Respondent to the investigator from the Office of Professional Practices Services. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are 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 allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. Lucinda S. Nelson gAdministrative Complaint Page 3 of 3 ” G2 WL 22 PHI RULE VIOLATIONS 11. 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 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(0), Florida Administrative Code, in that Respondent has sought reprisal against a person who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615, Florida Statutes. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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 @ — dayof MAY , 2002. (ack: Ci Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-002912PL