fog s FLORIDA DEPARTMENT OF EDGEATION. SF . airy ane) STATE BOARD OF EDUCATION Just HORNE Commissioner of Education F. Privip HANDY, Chairman T. WILLARD Fair, Vice Chuinnun < Just Read, Members —¢ Florida! Linpa J. Eaps, £0.D. CHARLES PaTRICK GARCIA Jetta L. Jouxson WILLIAM L. Proctor, PH.D. December 17, 2003 ~ CERTIFIED MAIL Ms. Lucy Sharkey-DeDominicis RE: Finding of Probable Cause 9504 Southwest 190th Street, Case No: 023-1760-B Miami, Florida 33157 SSN} Dear Ms. Sharkey-DeDominicis: 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, Turlington Building, Suite 224-E. Tallahassee, Florida 32399, (850) 245-0438 Please govern yourself accordingly. Sincerely, , ’ We Jy Horne JH:DA:} ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + ($50) 245-0438 + Fay (55) 245-0621 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as < Commissioner of Education, . Petitioner, vs. CASE NO. 023-1760-B LUCY A. SHARKEY-DEDOMINICIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against LUCY A. SHARKEY-DEDOMINICIS, 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 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 654940, covering the area of Mentally Handicapped, which is valid through June 30, 2006. 5 2. At all times pertinent hereto, the Respondent was employed as a Teacher at G. Holmes Braddock Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During 1999-2000, the Respondent was investigated by Professional Practices Services for a 1994 arrest of Cocaine Possession and a 1998 arrest for Possession of Cocaine, Possession of Paraphernalia and Resisting Arrest without Violence. On or about June 6, 2000, the Commissioner of Education found probable cause to proceed with the case. The Respondent elected an Informal hearing of her case. On or about April 15, 2001, the Education Practices Commission ("EPC") issued a Final Order in the case. The Final Order stated, inter alia, that the Respondent was required to "[E]ngage in substance abuse counseling with a Recovery Network Program approved LUCY A. SHARKEY-DEDOMINICIS Administrative Complaint Page 2 of 3 Florida licensed psychologist, psychiatrist or mental health counselor until discharged from treatment and have that professional submit quarterly progress reports to the EPC," (Paragraph 4) and that she was to "...submit to random blood and urine testing as directed by the EPC, the Recovery Network Program or the employing school district and authorize direct reporting of results to each entity." (Paragraph 6) On or about February 4, 2003, the Recovery Network Program issued a Declaration of Ineligibility/Violation, stating that the Respondent had failed to comply with the aforementioned conditions. She failed to submit proof of Alcoholics Anonymous attendance, failed to participate in periodic drug testing and failed to provide verification of completion of treatment. On or about March 6, 2003, Professional Practices Services received a notarized affidavit with supporting documentation from the Respondent's Probation Officer stating that the Respondent failed to comply with a Final Order issued by the EPC. The Respondent continues to be employed. N STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(f), 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 2: 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 mules. RULE VIOLATIONS COUNT 3: The Respondentis in violation of Rule 6B.1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. LUCY A. SHARKEY-DEDOMINICIS 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 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 _/ i th day of December, 2003. Commissioner of Education State of Florida

Docket for Case No: 04-001028PL