STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Charlie Crist, as Commissioner of Education, Petitioner, D5STPE vs. CASE NO. 001-1590-V. J) > JD L LINDA R. CHERRY, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Linda R. Cherry. 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 682862, covering the area of Music, which was valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher Santa Clara Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 22 and 28, 2001, Respondent inappropriately disciplined several students using profane language. Specifically, Respondent said, “Sit your black ass down” and she referred to several students as “jackasses.” On or about March 21, 2001, Respondent’s principal issued her a letter of reprimand for her conduct. “1 cee one Mm EE SEMIS EEE HA 20 RE Ab ee ety eee Linda R. Cherry 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. RULE VIOLATIONS COUNT 2: 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 leaming and/or to the student’s mental health and/or physical safety. , COUNT 3: The allegations of misconduct set forth hérein 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 nten wiucn arc attached hereto and made a part hereof by reference. EXECUTED onthis_ 25 davof___ Oe , 2001, Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-002557PL