Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: TAMARA THOMPSON
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 18, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 4, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA Pi eR
EDUCATION PRACTICES COMMISSION =
Mb OCT 18 Alay =
JOHN L. WINN, as i"
DIVISION !
Commissioner of Education, ADMIMISTR sal VE "
HEARING 2
Petitioner, a)
vs. CASE NO. 045-0480-M ~~
TAMARA R. THOMPSON,
rem (Mp tf PL
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against TAMARA R. THOMPSON. 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 868442, covering the area of
Exceptional Student Education, which is valid through June 30, 2010.
2, At all times pertinent hereto, the Respondent was employed as an ESE Teacher at
Panther Run Elementary School in the Broward County School District.
MATERIAL ALLEGATIONS
3, From 2002 through 2004, Respondent frequently engaged in inappropriate, hostile,
and intimidating conduct and discipline with her first and second grade autistic students, including,
but not limited to:
a. force-feeding a child and causing him to choke and spit up the food, then
refrigerating the chewed-up food for him to eat later;
. grabbing students by the neck, causing bruising and nail marks;
c. pushing a student’s head to the floor, shaking a student by the head, and
SES
art TAMARA R. THOMPSON
VYULT 2 BM 9: } Administrative Complaint
Page 2 of 4
thumping a student on the forehead and calling him “retarded”’;
d. yanking a student by the wrist so hard that he was lifted off of the ground;
e. throwing bookbags and beanbag chairs toward students, causing on at least
one occasion a scratch on a child’s face;
f holding a child’s arms behind her back and pushing her knee into the child’s
back;
g. restraining a child between two beanbag chairs with her entire body weight;
h. refusing to allow students to use the bathroom, causing them to cry and soil
themselves in class;
i. calling parents and falsely reporting that children were misbehaving;
j. refusing to provide parents with requested information to help students at
home with their sills;
k. throwing sand at a child during recess; and
L eating food from students’ lunches.
4. Respondent received at least two written warnings regarding her behavior, and was
provided additional training on appropriate behavior management, yet continued the inappropriate
techniques. On or about March 29, 2004, the school district removed Respondent from the
classroom. On or about August 4, 2004, the district suspended Respondent without pay for 10 days,
required her to attend intensive training in autism issues, and issued her a letter of reprimand. On
or about January 10, 2005, Respondent returned to a classroom assignment not involving autistic
children.
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: 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.
COUNT 4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in
that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation
of the teaching certificate.
: SHOES
06 ger “TAMARA R. THOMPSON
PME SP pas 3 Administrative Complaint
/ Page 3 of 4
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.
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(3)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied
a student’s legal rights.
COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against
a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs,
marital status, handicapping condition, sexual orientation, or social and family background and shall
make reasonable effort to assure that each student is protected from harassment or discrimination.
COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for
personal gain or advantage.
COUNT 10: 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 11: 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 12: The Respondent is in violation of Rule 6B-4.009(2), Florida Administrative
Code, in 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.
TAMARA R. THOMPSON
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 Le day of 1) @Ce pabwv7 2005.
lor
JOHN YL, WINN, as
Commissioner of Education
State of Florida
Docket for Case No: 06-004101PL
Issue Date |
Proceedings |
Dec. 04, 2006 |
Order Closing File. CASE CLOSED.
|
Dec. 01, 2006 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Nov. 28, 2006 |
Respondent`s Response to Request for Admission filed.
|
Nov. 15, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 16 and 17, 2007; 9:30 a.m.; Fort Lauderdale, FL).
|
Nov. 09, 2006 |
Respondent`s Response to Petitioner`s Motion to Continue filed.
|
Nov. 09, 2006 |
Petitioner`s Motion for Continuance of Final Hearing filed.
|
Nov. 08, 2006 |
Notice of Service of Interrogatories and Request for Production of Documents filed.
|
Oct. 30, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 30, 2006 |
Notice of Hearing (hearing set for December 14 and 15, 2006; 9:30 a.m.; Fort Lauderdale, FL).
|
Oct. 25, 2006 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Oct. 25, 2006 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Oct. 25, 2006 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Oct. 24, 2006 |
Joint Response to Initial Order filed.
|
Oct. 18, 2006 |
Initial Order.
|
Oct. 18, 2006 |
Administrative Complaint filed.
|
Oct. 18, 2006 |
Finding of Probable Cause filed.
|
Oct. 18, 2006 |
Election of Rights filed.
|
Oct. 18, 2006 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Oct. 18, 2006 |
Letter to T. Thompson from J. Vetre regarding forwarding the case file to the Division of Administrative Hearings for formal hearing filed.
|
Oct. 18, 2006 |
Agency referral filed.
|