Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: ARRIE CHERRY
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Live Oak, Florida
Filed: Oct. 31, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 11, 2006.
Latest Update: Jan. 14, 2025
CHCES
FLORIDA DEPARTMENT OF EDUCATION
a5acT 2! PH 3
STATE BOARD OF EDUCATION
John L. Winn
Commissioner of Education
F. PHILIP HANDY, Chairman
T. WILLARD Fate, Vice Chairman
Members “ust Read,
DONNA G. CALLAWAY someonidal
Juia L. JOHNSON
ROBERTO MARTINEZ —_ j
PHOEBE RAULERSON 05 ~ | 0 l b PL
Linpa K, TAyLon.
July 22, 2005 CERTIFIED MAIL
Ms. Arrie Cherry RE: Finding of Probable Cause
316 Richardson Avenue Southwest Case No: 034-2618-Q
Live Oak, Florida 32064-4958 SSN: 265-92-0024
Dear Ms. Cherry:
Pursuant to the provisions dr 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 Staats, which penalties may include reprimand, probation, restriction of the
scope of practice, suspension not to exceed five 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,
ila
John L. Winn
mwi/wj
ENCLOSURES
325 W. GAINES STREET + SUITE 224-E + TALLAHASSEE, FL 32399-0400 - (850) 245-0438 « (850) 245-0621 (Fax)
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EDUCATIONGERACTICHSIOMMISSION RES “14
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JOHN L. WINN, as SS Ly,
Commissioner of Education, o
Petitioner,
vs. CASE NO. 034-2618-Q
ARRIE LOIS CHERRY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint
against ARRIE LOIS CHERRY. 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 290974, covering the areas of
Elementary Education and Mentally Handicapped, which is valid through June 30, 2007.
2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at
Howard Middle School in the Jefferson County School District.
MATERIAL ALLEGATIONS
3. On or about April 29, 2004, Respondent shot at two law enforcement officers who
were attempting to take her into custody under the Baker Act. Respondent was arrested and charged
with two counts of Attempted First Degree Murder of Law Enforcement Officer. Adjudication is
pending. On or about May 3, 2004, the school board suspended Respondent from her teaching
position. On or about May 27, 2004, the court found that Respondent was incompetent to stand trial,
that she had severe psychosis, and that her thinking was significantly impaired. Respondent was
remanded to the custody of the Department of Children and Families for inpatient hospitalization
ARRIE LOIS CHERRY
Administrative Complaint
Page 2 of 2
until she is deemed mentally competent to stand trial. **NOTE: This paragraph contains
confidential medical information not subject to public disclosure.**
STATUTE VIOLATIONS
COUNT1: The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes,
in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the
public school system or to teach in or to operate a private school.
COUNT 2: 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.
COUNT3: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in
that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness
as an employee of the school board. ,
COUNT4: The Respondentis in violation of Section 1012.795(1)(j), Florida Statutes, in
that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation
of the teaching certificate.
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 “L2 day of my uly , 2005.
| eh lothes.
Commissioner of Education
State of Florida
Docket for Case No: 05-004015PL
Issue Date |
Proceedings |
Jan. 11, 2006 |
Order Closing File. CASE CLOSED.
|
Dec. 22, 2005 |
Order to Show Cause (Respondent shall have until January 6, 2006, to file a written response to the motion to relinquish explaining why the case should not be relinquished to Petitioner for disposition).
|
Dec. 08, 2005 |
Petitioner`s Motion to Relinquish Jurisdiction filed.
|
Nov. 14, 2005 |
Order (Petitioner`s motion granted, response to the Initial Order due December 9, 2005).
|
Nov. 07, 2005 |
Motion for Extension of Time filed.
|
Oct. 31, 2005 |
Administrative Complaint filed.
|
Oct. 31, 2005 |
Notice of Appearance filed by W. Young.
|
Oct. 31, 2005 |
Letter to A. Cherry from J. Rittenhouse regarding forwarding case to DOAH filed.
|
Oct. 31, 2005 |
Agency referral filed.
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Oct. 31, 2005 |
Initial Order.
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