STATE OF FLORIDA 7 eae) EDUCATION PRACTICES CORIPAISSION CHARLIE CRIST, as Wh yy Commissioner of Education, " Petitioner, vs. CASE NO. 001-2015-A MARY ANN KYLE, 0D-ITe (PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against‘ MARY ANN KYLE. 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-1.001, Florida Administrative Code, Code of Ethics of the Education Profession in Florida, Rule 6B- 4.009(2), Florida Administrative Code, and 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 160409, covering the areas of Elementary Education and Schoo! Principal, which is valid through June 30, 2007. 2. Atall times pertinent hereto, the Respondent was employed as a principal at Hampton Elementary School in the Bradford County School District. MATERIAL ALLEGATIONS 3. During the 1998-1999, 1999-2000 and 2000-2001 school years, the Respondent failed to make a reasonable effort to protect students from conditions harmful to learning and/or to the students’ mental and/or physical health caused by Joseph Watson. She failed to initially investigate and/or to investigate incidents involving Mr. Watson and/or failed to notify parents of one or more incidents which had occurred. During this time, the Respondent was employed as the principal of the school in which Joseph Watson taught and had knowledge of the harmful conditions that the students were subject to as a result of Mr. Watson's behavior, which included one or more of the following incidents contained in these allegations but which are not limited to the following. During MARY ANN KYLE Administrative Complaint Page 2 of 5 the 1998-1999 and 1999-2000 school years, Joseph Watson inappropriately disciplined M.H., amale kindergarten student. He kicked M.H. between the legs in the crotch area, hit M.H. on or about the back of his head, shook him and/or grabbed M.H. on or about the throat area and walked him in this manner through the lunchroom. Mr. Watson also shook J.T., a male student in kindergarten or elementary school at the time. Some or all of these incidents were reported to the Respondent during the 1999-2000 school year by cafeteria employees who had witnessed them; however, the Respondent discouraged an investigation into the matters and/or failed to investigate or to use reasonable means to protect the students from Mr. Watson’s inappropriate behavior. Further, the Respondent’s statements to the reporting employees were intentionally intimidating, alluding to the fact that there might be repercussions if they pursued the reporting of the matter further. Asa result, the employees did not write their statements for the Respondent at that time. When the same employees did subsequently report these incidents to law enforcement and/or school board personnel, the Respondent ensured that she was present while they made their statements, which made them feel threatened and/or uncomfortable. Subsequent to the employees’ having reported these incidents to the Respondent and a significant length of time after they had happened, M.H.’s mother first . became aware of the incident which had occurred involving her son from someone other than the ' Respondent. When M.H.’s mother told the Respondent that Mr. Watson had kicked M.H., the Respondent replied that she had not been aware it had happened and that, if it had been reported to her, she would have done something about it. In fact, it had been reported to her and she had initially discouraged further investigation into the matter by telling the cafeteria employees that she would let Mr. Watson know who had reported him if they were to pursue the matter further. Other ways in which the Respondent failed to protect M.H. from harmful conditions included her failure to act when she had knowledge that Mr. Watson would leave M.H. in the hallway unsupervised. When another ESE kindergarten instructor saw M.H. in the hall, she would ask the Respondent to have M.H. brought to her rather than be left in the hall, but the Respondent did not allow this even though it had been agreed that this was what was to be done in an IEP meeting in which the Respondent had been present. The Respondent further failed to inform M.H.’s mother that Mr. Watson had paddled her son, failed to investigate the matter and/or failed to initially investigate the matter. In addition, during the 1999-2000 school year, M.H.’s mother had repeatedly asked the Respondent if she knew what could be causing M.H’s behavior to be getting worse. Although the Respondent knew that these incidents were going on with Mr. Watson and M.H. and knew or should have known that these could possibly have been a cause, she did not inform M.H.’s mother that these incidents had happened in response to her question. 4, The Respondent further failed to make a reasonable effort to protect S.H., a female student who was 5 years old and/or other students from conditions harm ful to learning and/or to their mental and/or physical health. On or about August 24, 2000, Mr. Watson inappropriately disciplined S.H. by placing her in a headlock-like hold. holding her face in his hand(s) andor velling loudly in her ear. When an employee told the Respondent about this incident, the Respondent made an intimidating response to her to the effect that the trouble Mr. Watson was experiencing was that employee's fault because she had reported the prior incident(s) about Mr. Watson. The Respondent MARY ANN KYLE Administrative Complaint Page 3 of 5 never offered to schedule or scheduled a conference with S.H.’s parents or one between S.H.’s parents and Mr. Watson to address the situation. The Respondent also minimized the situation by telling S.H.’s mother statements to the effect that the employee reporting the incident was blowing things out of proportion and/or that S.H. was a discipline problem. After the incident occurred between Mr. Watson and S.H., S.H.’s mother told the Respondent that she did not want S.H. to have any contact with Mr. Watson. The Respondent failed to make a reasonable effort to protect S.H. from such contact because Mr. Watson subsequently approached S.H. at school and spoke to her. S.H.’s parents subsequently removed their children from the school because they did not feel they were safe. 5. The Respondent further failed in her investigation by failing to document some or all of the above incidents and/or prior incidents which had been reported to her. When the school resource officer investigated Mr. Watson’s inappropriate discipline of S.H., he found that Mr. Watson had inappropriately disciplined other students as well but he was not able to do anything about it because the Respondent had not documented some or all of the other incidents. The ._ Respondent also failed to make a reasonable effort to protect students from such acts re-occurring in the future by failing to discipline Mr. Watson for his behavior in the above matters by issuing him letters of warning, letters of reprimand and/or scheduling conferences with him, for example. By failing to investigate some or all of the above matters, the Respondent also failed to follow district school board policy 7.11(1)(a): “Any complaint alleging misconduct of a School Board employee shall initially be referred to and investigated by the employee’s immediate supervisor.” 6. The Respondent created an intimidating environment when she told the cafeteria workers that she would show their signed statements to Mr. Watson if they made a report; created a hostile environment in her treatment of them after the allegations had been made public; and/or failed to protect them from harassment and/or a hostile work environment from other employees after the allegations had become known. 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. MARY ANN KYLE Administrative Complaint Page 4 of 5 RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(2), Florida Administrative Code, in that Respondent has failed to have her primary professional concern always be for the student and for the development of the student's potential and has failed to seek to exercise the best judgment and integrity. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(3), Florida Administrative Code, in the Respondent has failed to be aware of the importance of maintaining the respect and confidence of her colleagues, of students, of parents and of other members of the community and that Respondent has failed to achieve and sustain the highest degree of ethical conduct. COUNT 5: 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 and/or safety. COUNT 6: 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 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(f), Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgment of colleagues. COUNT 9: 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 any individual 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(1), Florida Statutes. COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6B- 4.009(2), Florida Administrative Code, in that Respondent has behaved in a manner that is MARY ANN KYLE Administrative Complaint Page 5 of 5 inconsistent with the standards of public conscience and good morals. Her conduct has been sufficiently notorious to bring her or the education profession into public disgrace or disrespect and to impair her service in the community. WHEREFORE, the Petitioner recommends that the Education Practices Conunission 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_ Z 7__ day of .S¢ ephe m.ber-_, 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-004761PL