STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, b3 - Lf lr Ge rg lL. vs. CASE NO. 012-1939-V ERIS D. BAINES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against ERIS D. BAINES. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.795(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 395431, covering the ares of Computer Science, which was valid through June 30, 2001, and Business Education, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Business Education Teacher at Escambia Senior High School in the Escambia County School District. MATERIAL ALLEGATIONS 4 3. On or about February 15, 1978, Respondent attempted to leave a store with goods or services for which she had not paid. Respondent was arrested and charged with Shoplifting. On or about May 16, 1978, the court withheld adjudication of guilt, placed Respondent on probation for 30 days and ordered her to pay $117 in fines and costs. 005 ERIS D. BAINES Administrative Complaint 2 of 4 4. Prior to September 8, 1988, Respondent paid for goods or services that had a value of $46.91 with a worthless check. Respondent was charged with Fraud/Insufficient Funds. On or about October 10, 1988, Respondent pled nolo contendere to the charge. The court withheld adjudication of guilt and ordered Respondent to pay $35.00 in costs. 5. On or about March 26, 2001, Respondent was driving a motor vehicle while intoxicated or otherwise impaired when she was involved in two separate accidents. Additionally, Respondent unlawfully left the scene after the first accident. Respondent was arrested and charged with: Count 1, Leaving the Scene of an Accident with Injuries; Count 2, Driving Under the Influence with Property Damage or Personal Injury; Count 3, Driving Under the Influence with Property Damage or Personal Injury. On or about January 3, 2002, Respondent pled guilty to Count 1 and nolo contendere to Counts 2 and 3. The court adjudicated Respondent guilty as to Count 1 and withheld adjudication of guilt as to Counts 2 and 3. As to Count 1, the court sentenced Respondent to 2 years in prison (suspended) and placed her on probation for three years. As to Counts 2 and 3, the court placed Respondent on probation for one year (concurrent with Count 1). The court also ordered Respondent to: pay $698.05 in restitution and $1,576 in fines and costs; perform 150 hours of community service; submit to a substance abuse evaluation and counseling, if necessary, and random urine analysis; attend AA meetings weekly for one year, multi-offender DUI school and parenting classes; and, not consume alcohol. The court also ordered Respondent’s vehicle be impounded for 30 days and suspended her driver’s license for one year. 6. On or about February 7, 2002, Respondent was adjudicated guilty of Possessing a Canceled/Revoked Driver’s License and Driving while License Suspended. The court placed her on probation for 6 months and ordered her to pay $250.00 in fines and costs. 7. On two applications for a Florida Educator’s Certificate dated June 4, 1982 and November 9, 1984, Respondent failed to acknowledge her criminal background as required by Florida law and in conflict with her sworn statement on the applications that all information provided was true and correct in that she failed to acknowledge her 1978 charge. 8. On three applications for a Florida Educator’s Certificate dated January 30, 1995, June 3, 1997, and June 27, 2002, Respondent failed to acknowledge her criminal background as required by Florida law and in conflict with her sworn statement on the applications that all information provided was true and correct in that she failed to acknowledge her 1978 and 1988 charges. 9. Prior to the 1999-2000 school year and continuing through and including the 2001- 2002 school year, Respondent engaged in inappropriate, erratic and unusual behavior. On or about December 9, 1999, Respondent exposed her bra to students. Respondent also directed students to tape a student to achair. Respondent was excessively absent during the 1999-2000 school year, her grade book and records were in an unprofessional and unacceptable condition and she repeatedly Oobe ERIS D. BAINES Administrative Complaint 3 of 4 displayed poor classroom management. Respondent’s lack of control over students charged to her care led to the dismantling and destruction of equipment by students. 10. | Onor about November 6, 2000, the school district reassigned Respondent due to her inappropriate, erratic, and unusual behavior and actions pending a medical fitness review. On or about April 23, 2001, Respondent was returned to the classroom. 11. On or about August 9, 2001, the school district suspended Respondent with pay pending another medical fitness review. As a result of that review, Respondent was suspended without pay on or about December 19, 2001, pending termination. Effective January 10, 2002, Respondent took disability retirement. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained the teaching certificate by fraudulent means. COUNT 2: The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 3: | The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 4: The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNTS: The Respondent is in violation of Section 1012.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 6: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT?7: The Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. OCO7/ ERIS D. BAINES Administrative Complaint 4o0f4 RULE VIOLATIONS COUNT 8: 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 health and/or safety. COUNT 9: _ 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 10: The Respondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 __77 a day of fey , 2003. HORNE, as ommissioner of Education State of Florida OO’ FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION Jim HORNE Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD Ful, Fice Chairman - 5 : ‘just Read, Members Florida! SALLY BRADSHAW Linba J. Eaps, Ep.D. CHARLES PATRICK GARCIA JULIA L. JOHNSON Wittiamt L. PROCTOR, PH.D. May 7, 2003 CERTIFIED MAIL Ms. Eris Baines RE: Finding of Probable Cause 3118 North Roosevelt Street Case No: 012-1939-V Pensacola, Florida 32503 SSN: 266-13-1537 Dear Ms. Baines: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1). Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Please govern yourself accordingly. Sincerely, i Ly Home JH:DA:j ENCLOSURES 325 W. GaINes STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + (850) 488-2481 + www.fidoe.org O04

Docket for Case No: 03-004695PL