JOUN L. WINN, as DIVIsin: Commissioner of Education, ADMINIS HO HEARINGS YE Petitioner, vs. CASE NO. 034-0360-R DORIS DAWN MCINTYRE, O lo 0 sy ? | Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DORIS DAWN MCINTYRE. 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 364783, covering the areas of Early Childhood Education, Elementary Education, Emotionally Handicapped, Mentally Handicapped, Varying Exceptionalities, Specific Learming Disabilities, and Pre-Kindergarten Disabilities, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Carver Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. The Respondent has engaged in inappropriate and unprofessional conduct in that: (a) on or about May 12, 1999, she failed to properly notify her school's administration that she was leaving campus during the school day. As a result, students assigned to her care were not properly supervised; DORIS DAWN MCINTYRE Administrative Complaint Page 2. of 3 (b) during the 2001-2002 school year, the Respondent was repeatedly tardy or absent from her assigned duties; (c) on or about February 21, 2003, the Respondent failed to report an incident of inappropriate touching of a minor female student by a minor male student; and (d) on or about March 28, 2003, the Respondent became angry and yelled at a fellow teacher who was assisting the Principal in carrying out administrative duties. This incident occurred in the presence of of students and other staff members. Shortly thereafter, the Respondent attempted to physically block a paraprofessional from carrying out instructions given by a fellow teacher. 4, The Respondent has previously been the subject of Final Orders entered by the Education Practices Commission imposing disciplinary action against her on March 25, 1992, in Case Number 91-120-RT, and again on November 3, 2000, in Case Number 00-0633-RT. 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. COUNT2: The Respondentisin violation of Section 1012.795(1)(4), Florida Statutes, in that Respondent has been found guilty ofpersonal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 4: The Respondent is in violation of Section 1012.795(6)(b), Florida Statutes, in that Respondent has been the subject of sanctions by the Education Practices Commission on two previous occasions. RULE VIOLATIONS COUNT 5: 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. DORIS DAWN MCINTYRE Administrative Complaint Page 3 of 3 COUNT 6: 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. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. 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 22 day of a why , 2005. bolita Commissioner of Education State of Florida

Docket for Case No: 06-000544PL