Ses a Fi fe STATE OF FLORIDA 0 ay Es iy FFEB 1 9 EDUCATION PRACTICES COMMISSION " | Ph <6 A ay er Charlie Crist, as hes rye i Commissioner of Education, ARIE il Petitioner. — OF O599PL vs. CASE NO. 990-1721-A KATHLEEN M. LAVAY, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Kathleen M. LaVay. 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 572442, covering the area of Music, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Band Teacher at Santa Fe High School in the Alachua County School District. MATERIAL ALLEGATIONS 3. During the spring of 2000, Respondent: a) made vulgar, offensive, and/or inappropriate comments to students, parents and colleagues in front of others; Kathleen M. LaVay Administrative Complaint Page 2 of 3 b) while chaperoning on a school-sponsored trip, had four students ejected from the Lakeland Civic Center and they remained outside, unsupervised, for at least 30 minutes; c) permitted a student to “bubble in” the grades of other students on computer data sheets; and d) read aloud to her class the subjects and grades of students who had received a “D” or “F” on their report cards. On or about August 10, 2000, the school district issued Respondent a letter of reprimand for the conduct described in paragraphs b, c, and d. Because Respondent had previously received a letter of reprimand for using profanity, she was placed on a 90-day probation regarding the conduct described in paragraph a. STATUTORY VIOLATIONS COUNT I: 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 State Board of Education. RULE VIOLATIONS 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(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. Kathleen M. LaVay Administrative Complaint Page 3 of 3 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 Oot. , 2001, Charlie Crist, as Oke Commissioner of Education, State of Florida

Docket for Case No: 03-000559PL