Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: DELORES SHERROD BETHEL
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 12, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 8, 2004.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA TS 5
EDUCATION PRACTICES COMMISSION =. 0 fv
: 7 a De
JIM HORNE, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 034-0515-T
DELORES SHERROD BETHEL,
OY: 9993 PL
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint
against DELORES SHERROD BETHEL. 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 355282, covering the areas of
Elementary Education and Gifted, which is valid through June 30, 2008.
2. At all times pertinent hereto, the Respondent was employed as a Sth Grade Teacher
at North County Elementary School, in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. During the 2001-2002 and 2002-2003 school years, the Respondent engaged in
inappropriate discipline of students by forcing them to sit underneath her desk for periods of up to
45 minutes. Several students found it difficult to breathe as the space beneath the desk was very
small and the students could not sit up straight or hold their heads upright. The Respondent would
sit with her feet and legs in the space while students were there. Students also reported that the
Respondent would often wear a miniskirt, under which they could see while sitting underneath her
desk. The Respondent would also take off her shoes and put them under the desk while a student
DELORES SHERROD BETHEL
Administrative Complaint
Page 2 of 3
was there. During the district investigation, the Respondent denied ever making a student sit
undemeath her desk. When interviewed, the students who were made to sit under the desk were able
to accurately describe several focal points which would only be known to someone sitting under the
desk.
4. During the same period, the Respondent also engaged in inappropriate conduct toward
students by calling them derogatory names such as "dodo birds," "retarded mosquitoes," and "stupid
retarded kids," or words to that effect. The Respondent also failed to properly supervise students
when she played movies for the class, during which time she fell asleep. On or about August 22,
2003, a conference-for-the-record was held and the Respondent received a letter of reprimand.
Effective August 25, 2003, she was transferred to another elementary school. She continues to be
employed.
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.
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 rules.
RULE VIOLATIONS
COUNT 3: 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 corditions harmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(€), Florida Administrative Code, in that Respondent has intentionally exposed a student to
unnecessary embarrassment or disparagement.
COUNT 5: 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.
DELORES SHERROD BETHEL
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 BY day of Wasa” , 2004,
fomunissioner of Education
State of Florida
Docket for Case No: 04-002392PL
Issue Date |
Proceedings |
Sep. 13, 2004 |
Memo Cancelling the Court Reporter (filed by Barry, EPC via facsimile).
|
Sep. 08, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 08, 2004 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed by Petitioner via facsimile).
|
Aug. 26, 2004 |
Motion to Compel Discovery (filed by Petitioner via facsimile)
|
Jul. 22, 2004 |
Order of Pre-hearing Instructions.
|
Jul. 22, 2004 |
Notice of Hearing (hearing set for September 30 and October 1, 2004; 9:30 a.m.; Miami, FL).
|
Jul. 19, 2004 |
Notice of Appearance (filed by M. Herdman, Esquire, via facsimile).
|
Jul. 16, 2004 |
Response to Initial Order (filed C. Whitelock via facsimile).
|
Jul. 12, 2004 |
Finding of Probable Cause filed.
|
Jul. 12, 2004 |
Notice of Appearance filed.
|
Jul. 12, 2004 |
Election of Rights filed.
|
Jul. 12, 2004 |
Administrative Complaint filed.
|
Jul. 12, 2004 |
Agency referral filed.
|
Jul. 12, 2004 |
Initial Order.
|