CU- C{ Ss | STATE OF FLORIDA pene nett EDUCATION PRACTICES COMMISSION Pr Bee th CEC 23 At Ob JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2322-V NANCY SUE PUND, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against NANCY SUE PUND. 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 407579, covering the area of Elementary Education, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a 6th Grade Teacher at Deltona Middle School, in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about January 17, 2003, the Respondent sent a student, J.K., out ofher portable to complete an assignment. J.K. is a female student whose date of birth is May 17, 1990. J.K. was left unsupervised on the portable's porch for approximately one hour in 40-degree weather. She was wearing shorts and a jacket at the time. On or about June 2, 2003, the Volusia County School District issued a letter of reprimand to the Respondent. She continues to be employed. in dy C NANCY SUE PUND Administrative Complaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 101 2.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professiona! Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 2: 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 3: 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. 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 24°74 day of Wid 2004. ORNE, as issioner of Education State of Florida

Docket for Case No: 04-004587PL