STATE OF FLORIDA PILED EDUCATION PRACTICES COMMISSION “oe fm 2006 JUK3Q A ff: | JOHN L. WINN, as - Commissioner of Education, ADMIRE Oh ye HEARINGS Petitioner, vs. CASE NO. 045-0474-M DONNA VI LICHI, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DONNA VI LICHI. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s.certificate pursuant to Sections 1012.795 and 10 12.796, 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 forthin Sections 101 2.795(1) and 1012,796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 769501, covering the area of Elementary Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at A.C, Perry Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. In January 2005, Respondent was released from her contract under the 97-day rule, and instructed not to return to her classroom or interact with her students. Respondent continued to interact with her students by meeting with them in the library, where she had been placed, and ° meeting them for lunch. On or about January 5, 2004, Respondent returned to her classroom and demanded that K.A., the substitute teacher, give her a box of books. When K.A. hesitated, Respondent grabbed the box out of K.A.’s arms with Such force that K.A. sustained large bruises to her arms. peg Re 6\ KE WOK DONNA VI LICHI Administrative Complaint Page 2 of 4 4 In mid-January 2004, Respondent contacted R.D. and C.A., fifth-grade female students, and requested that they tell the principal that they had seen K.A. try to take the box away from Respondent, and that Respondent had turned in self-defense. Neither B.D. nor C.A. had been present at the time of the incident. Respondent further contacted the parents of R.D. and C.A,, and requested that they call the school board and individual members of the school board to complain about K.A., to help get Respondent rehired. 5. The school district placed Respondent in an altemative assignment out of the classroom until January 5, 2005. 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. : COUNT3: TheRespondentis 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. 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)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage, COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. . COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Regpapseica used institutional privileges for sk DONNA VI LICHI Administrative Complaint Page 3 of 4 personal gain or advantage. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(e), Florida Administrative Code, in that Respondent has offered gratuity, gift, or favor to obtain special advantages. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 10: 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. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague, COUNT 12: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(), Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgments of colleagues. COUNT 13: TheRespondentis in violation of Rule 6B.1006(5)(o), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes.. COUNT 14: The Respondent is in violation of Rule 6B-4,009(2), Florida Administrative Code, ih that the Respondent has been guilty of immorality. Immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community. (SIGNATURE oR FOLSOM ING PAGE) yi ® DONNA VI LICHI Administrative Complaint Page 4 of 4 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 (i day of J \ Lar M7 ) , 2006. atl foil. Commissioner of Education State of Florida

Docket for Case No: 06-002328PL