Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: DIANE NEVILLE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Mar. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 8, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA 25
EDUCATION PRACTICES COMMISSION 207
ook
4
JOHN L. WINN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 034-2535-M
DIANE LOUISE NEVILLE, ;
Ole-0775 PL
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against DIANE LOUISE NEVILLE. 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 727291, covering the area of
Technology Education, which is valid through June 30, 2007.
2, At all times pertinent hereto, the Respondent was employed as an Industrial Arts
Teacher at Seminole Middle School in the Broward County School District.
MATERIAL ALLEGATIONS
3. Between November 5 and November 8, 2003, Respondent failed to follow school
procedures and directives and failed to properly supervise 17 middle school students on a field trip
to a leadership conference, as follows:
a. Respondent brought her 16-year-old son and his male friend along on the trip
without obtaining prior authorization. Upon arriving at the hotel and discovering that her room only
’ had one bed, she requested another room since she had the two teenage males with her. The only
06 JAN SL PH 2:57 DIANE LOUISE NEVILLE
Administrative Complaint
Page 2 of 3
other available room was on the seventh floor. Respondent relocated to the seventh floor room,
leaving all of the students in at least four separate rooms on the second floor of the hotel, with no
adult supervision;
b. Respondent failed to arrange for adequate chaperones, and was the only adult
accompanying the students on the trip;
c. Respondent failed to clearly communicate to the students whether they were
required to pay for their own food on the trip; as a result, several students ran out of money for food
before the end of the conference, and either had to borrow money from other students or request
extra money from Respondent;
d. Upon arriving at the conference, Respondent requested that the students give
the bus driver a tip. The students were not made aware of this suggestion prior to leaving for the trip,
had not planned for such payment, and several were upset, offended, or embarrassed by
Respondent’s request for the additional money;
e, Respondent took the students to Busch Gardens, without prior authorization
from schoo] administration.
4. On or about November 6, 2003, K.R., a twelve-year-old female student participating
in the field trip, telephoned her mother to inform her that she had been left in her room by herself.
K.R.’s mother traveled to the hotel and, upon arriving, felt that the students were not being properly
supervised, After conferring with the parents of T.B. and A.D., two other twelve-year-old female
students, .R.’s mother took all three girls home early from the conference.
5. After the students returned from the field trip, the school principal began receiving
calls from several parents complaining about what their children reported happened at the
conference. The principal no longer permits Respondent to participate in field trips or fundraising
activities.
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)(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.
oo 2:51 DIANE LOUISE NEVILLE
06 JAS! PROG Administrative Complaint
‘ Page 3 of 3
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.
RULE VIOLATIONS
COUNT 4: = 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 5: = 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 “| day of ula , 2005.
Poni tie
JOHN L. WINN, as
Commissioner of Education
State of Florida
Docket for Case No: 06-000775PL
Issue Date |
Proceedings |
Sep. 12, 2006 |
Motion to Reopen Case filed. (DOAH CASE NO. 06-3661PL ESTABLISHED)
|
Jun. 15, 2006 |
Return of Service (S. Patire) filed.
|
Jun. 14, 2006 |
Return of Service (3) filed.
|
Jun. 08, 2006 |
Order Closing File. CASE CLOSED.
|
Jun. 07, 2006 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Apr. 28, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 13 and 14, 2006; 9:30 a.m.; Fort Lauderdale, FL).
|
Apr. 20, 2006 |
Joint Motion for Continuance filed.
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Apr. 10, 2006 |
Respondent`s Response to Petitioner`s Request for Admissions filed.
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Mar. 29, 2006 |
Corrected (as to date only) Notice of Taking Depositions filed.
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Mar. 29, 2006 |
Notice of Taking Depositions filed.
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Mar. 15, 2006 |
Order of Pre-hearing Instructions.
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Mar. 15, 2006 |
Notice of Hearing (hearing set for May 16 and 17, 2006; 9:30 a.m.; Fort Lauderdale, FL).
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Mar. 10, 2006 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Mar. 10, 2006 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Mar. 10, 2006 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Mar. 09, 2006 |
Joint Response to Initial Order filed.
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Mar. 02, 2006 |
Administrative Complaint filed.
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Mar. 02, 2006 |
Finding of Probable Cause filed.
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Mar. 02, 2006 |
Election of Rights filed.
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Mar. 02, 2006 |
Notice of Appearance (filed by C. Whitelock).
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Mar. 02, 2006 |
Agency referral filed.
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Mar. 02, 2006 |
Initial Order.
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