ji ON STATE OF FLORIDA EDUCATION PRACTICES COMMDSSU@KK! 8PM aT Pp TS Bay fd 2085 Jan > JOHN L. WINN, as Mel Bo y Commissioner of Education, Sets ! Petitioner, . VS. CASE NO. 023-1041-B MERCY NYMAN, _ p a ry, VA -OVJOPE Respondent. C ) C 17 ADMINISTRATIVE COMPLAINT‘ Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against MERCY NYMAN. 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 jn Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 670541, covering the areas of Elementary Education, English to Speakers od Other Languages, and Primary Education, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as a GED Teacher at Bay Points Schools in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about November 11, 2002, in Dade County, the Respondent was observed concealing merchandise in a shopping cart while shopping in aretail store, concealing herself behind a clothes rack and stuffing merchandise into a shopping bag, and grabbing another shopping bag from behind a store counter and concealing more merchandise in it. The Respondent made no attempt to pay for the merchandise when exiting the store. The entire incident occurred in the presence of the Respondent's child, who was sitting in the shopping cart. The merchandise was i ae MERCY NYMAN 05 JAN 18 PH 2:37 Administrative Complaint Page 2 of 2 valued at $402.00. The Respondent was arrested and charged with Grand Theft and Contributing to the Delinquency of a Child. The charge was amended to Grand Theft. In lieu of a plea, the Respondent entered a pre-trial diversion program. On or about July 17, 2003, the State Attorney's Office issued a nolle prosequi on the case. 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 101 2.795(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 25% day of Orta ber _. 2004. HIN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-000170PL