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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs JILL M. ELMORE, 03-002880PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002880PL Visitors: 22
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: JILL M. ELMORE
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Aug. 07, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 3, 2003.

Latest Update: Nov. 19, 2024
U3 FOL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, raed rae) Petitioner, = ie) vs. CASE NO. 012-0708-C 43 . JILL M. ELMORE, ot < Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against JILL M. ELMORE. 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 203888, cov Family and Consumer Science, which is valid through June 30, 2004. ering the area of 2. At all times pertinent hereto, the Respondent was employed as a Life Management Skills Teacher at Lawton Chiles High School in the Leon County School District. JILL M. ELMORE Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. On or about September 28, 2001, Respondent improperly utilized four or more class periods to criticize administrators of the school and air her grievances against the administration. She made malicious statements to the students about school and district administrators. Respondent urged students to make posters to express their discontent with the school and encouraged them to use profanity and make malicious statements about school officials. Respondent then encouraged the students to engage in acts disruptive to the orderly operation of the school. Through her acts, Respondent improperly enlisted the support of the students to advance her personal agenda with administrators. Respondent was piaced on paid administrative leave from September 28 through December 10, 2001. In April 2002, Respondent and the school district reached an agreement as to her employment status which allowed Respondent to apply for regular disability retirement. However, if she did not qualify for regular disability retirement by the beginning of the 2002-2003 school year, she would resign her position. 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. COUNT 6: 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. JILL M. ELMORE Administrative Complaint Page 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(4)(c), Florida Administrative Code, in that Respondent has used institutionai privileges for personal gain or advantage. COUNT 10: 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 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. 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 39 dayof___ Ju by , 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-002880PL
Issue Date Proceedings
Oct. 03, 2003 Order Closing File. CASE CLOSED.
Sep. 29, 2003 Motion to Close File (filed by Petitioner via facsimile).
Sep. 15, 2003 Letter to R. Weaver from J. Elmore enclosing a copy of the settlement agreement (filed via facsimile).
Sep. 15, 2003 Notice of Taking Deposition J. Elmore (filed via facsimile).
Aug. 20, 2003 Order of Pre-hearing Instructions.
Aug. 20, 2003 Notice of Hearing (hearing set for October 9 and 10, 2003; 9:00 a.m.; Tallahassee, FL).
Aug. 14, 2003 Petitioner`s First Request for Admissions to Respondent (filed via facsimile).
Aug. 14, 2003 Petitioner`s Response to Initial Order (filed via facsimile).
Aug. 12, 2003 Answer to Initial Order filed by Respondent.
Aug. 07, 2003 Initial Order.
Aug. 07, 2003 Letter to C. Satterwhite from J. Elmore setting forth comments and questions filed.
Aug. 07, 2003 Letter to R. Weaver from W. Elmore regarding response date to the settlement agreement filed.
Aug. 07, 2003 Administrative Complaint filed.
Aug. 07, 2003 Election of Rights filed.
Aug. 07, 2003 Referral letter to K. Richards from T. Odom filed.
Aug. 07, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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