STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Fit E JOHN L. WINN, as Commissioner of Education, Petitioner, vs. EDWINA SZEMPRUCH, = Respondent. w a / ew ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against EDWINA SZEMPRUCH. 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 498808, covering the areas of Elementary Education, English to Speakers of Other Languages, Mentally Handicapped, and Specific Learning Disabilities, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Teacher at Avalon Elementary School in the Collier County School District. MATERIAL ALLEGATIONS 3. On or about November 5 and 6, 2002, Respondent engaged in inappropriate conduct with several exceptional education, pre-Kindergarten students. On or about May 6, 2003, Respondent was arrested and charged with two counts of Child Abuse. The charges were later upgraded to Aggravated Child Abuse. On or about May 12, 2004, Respondent pled nolo contendere to two counts of Battery, a lesser included offense. The court adjudicated Respondent guilty. Among other sanctions, the court placed Respondent on probation for one year, required her to pay EDWINA SZEMPRUCH Administrative Complaint Page 2 of 3 $956.00 in costs and to submit to an evaluation, and prohibited her from teaching while on probation. On or about November 12, 2002, Respondent resigned her position with the schoo} board. 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)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: The Respondent is in violation of Section 1012.795(1)(#), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the schoo] board. COUNT 4: 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. COUNTS5: The Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 6: 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 7: The allegations of misconduct set forth herein are in violation of Rufe 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. wm i HEH Hd € wa EDWINA SZEMPRUCH 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. a EXECUTED on this_//7 14 day of LLIN 2005. Dh bed) KA. 7772 JOHN L. WINN, as Commissioner of Education State of Florida NE Nd C2 KAP So rr}

Docket for Case No: 05-002336PL