FLORIDA DEPARTMENT OF EDUCATION PILED STATE BOARD OF EDUCATION Jim HORNE i HIN Pi wo . F. PHittp Hanpy, Chairman i004 JUN 28 0S Commissioner of Education T. WILLARD FAIR, Vice Chairman e . ‘Just Read, Members ‘, t o Florida! Linpa J. Eans, E.D. . . CHARLES PATRICK Garcia JULIA L. JOHNSON WILLIAM I. PROCTOR, PH.D. Linpa K. TAYLOR (yt { . ? : ‘ (; Y t [ . March 10, 2004 CERTIFIED MAIL Ms. Maureen Besst RE: Finding of Probable Cause 4028 Iveyglen Avenue Case No: 023-1074-S Orlando, Florida 32827 que» Dear Ms. Besst: 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, H:DA;j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E » TALLAHASSEE, FL 32399-0400 + (850) 245-0438 - www.fidoe.org a STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1074-S MAUREEN BESST, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against MAUREEN BESST. 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 450248, covering the area of Elementary Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a 2nd Grade Teacher at Bonneville Elementary School, in the Orange County School District. MATERIAL ALLEGATIONS 3. From April 2000 through August 7, 2003, the Respondent engaged in a pattern of harassment of a colleague, D.D., which created a hostile work environment. These incidents include, but are not limited to: a) berating and belittling D.D. in the presence of other colleagues on at least two occasions; b) leaving an inappropriate letter in D.D.'s school mailbox which contained statements to the MAUREEN BESST Administrative Complaint Page 2 of 3 effect that Respondent would ask Jesus to guide D.D. because D.D. was always “unhappy, unwilling to participate in fun things, getting so angry at other people on campus, etc;” c) entering D.D.'s classroom during teaching time, even after being asked to restrict her visits to planning time. 4. On or about October 1, 2002, the Respondent's principal met with her to discuss the allegation she had harassed D.D. Despite witness accounts, the Respondent denied all allegations that she created a hostile environment for D.D. The Respondent was issued directives, which included treating colleagues with courtesy and respect and avoiding even the appearance of retaliation against the complainant. She was also directed not to discuss the meeting with other employees. However, the Respondent continued to harass D.D., thereby retaliating against her. These incidents include, but are not limited to: a) slamming the copy room door in D.D.'s face; -b) aggressively pushing D.D.'s arm and leg during a training class; c) discussing the October 2002 meeting with other employees; d) making statements to other employees to the effect that D.D. lacked ability as a teacher. 5. D.D. filed a complaint with the Equal Employment Opportunity Commission ("EEOC") against the Respondent based on hostile work environment. The Respondent continues to be employed, but has been moved to a different grade level. STATUTE VIOLATIONS COUNT 1: 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. RULE VIOLATIONS COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 3: 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 MAUREEN BESST Administrative Complaint Page 3 of 3 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 4: 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. COUNTS: The Respondentisin violation ofRule 6B.1 006(5)(0), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615(1), Florida Statutes. 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 /O day of Afarth. , 2004. ; borne J ORNE, as Cémmissioner of Education State of Florida

Docket for Case No: 04-002262PL