STATE OF FLORIDA TEE pm peg een ep EDUCATION PRACTICES COMMISSION ae ae CHARLIE CRIST, as 57 Commissioner of Education, Petitioner, ys. CASE NO. 012-0327-C NANCY OLIVER, ()2>- 0196 PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against NANCY OLIVER. 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, and Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, and 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 639507, covering the areas of Emotionally Handicapped Education, Mentally Handicapped Education and Specific Learning Disabilities Education, which is valid through June 30, 2006. 2 Atall times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Brooker Creek Elementary School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, Respondent used inappropriate means to discipline several autistic students. She slapped the hand of one student, D.N., a male student who was in elementary school at the time. Approximately two weeks later, she slapped D.N. loudly and hit him approximately four times, once on the side of the head, the other three times on D.N.'s wrists and legs, while trying to get him to sit down. The Respondent also slapped D.N. very hard on the hands and made a statement to the effect of "There! How do you like it!” The Respondent struck M.C. at least three times within fifteen minutes because he would not sit down. M.C. is a male student who was in elementary school at the time. The Respondent retired on or about J uly 9, 2001. NANCY OLIVER Administrative Complaint Page 2 of 3 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 the State Board of Education. RULE VIOLATIONS 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 effor: 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. NANCY OLIVER 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(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 onthis_/7 _ dayof_ December 2002. . Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000920PL