Division of Administrative Hearings STATE OF FLORIDA EDUCATION PRACTICES COMMISS#@N Charlie Crist, as i] A oe Commissioner of Education, Date : oa Petitioner, Vs. CASE NO. 990-1909-V GAPC- ELLA L. KEARSE, Oy 6 j0P Respondent. _ / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Ella L. Kearse. 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 352056, covering the area of Sociology, which is valid through June 30, 2002. 2. Atall times pertinent hereto, the Respondent was employed as a 4th Grade Teacher at North County Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Onor about February 12, 2000, Respondent inappropriately disciplined a male student, Q.G., dated of birth August 27, 1993. Q.G. is Respondent’s grandson and is being raised by Respondent. On the date in question, Respondent choked, hit, threatened to kill, and used profanity toward Q.G. for misbehaving in his class. On or about May 11, 2000, respondent received a letter of reprimand for her conduct. Respondent resigned her teaching position effective July 12, 2000, while termination proceedings were pending. Coo! Ella L. Kearse Administrative Complaint Page 2 of 2 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)(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 3: 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 State Board of Education. - RULE VIOLATIONS COUNT 4: 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 5: | 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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_ 25 dayof_ Oct. , 2001, Charlie Crist, as Commissioner of Education, State of Florida 000 2-

Docket for Case No: 03-000090PL