STATE OF FLORIDA 96 Dep 2) EDUCATION PRACTICES COMMISSION LVI. A ¥/oy JOHN L. WINN, as CARING VE Commissioner of Kducation, in Petitioner, vs. CASE NO. 045-0742-F ELIZABETH ANN NIEBRUGGE, respondent Alo:SQ.4u PL ADMINISTRATIVE COMPLAINT. Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ELIZABETH ANN NIEBRUGGE. The Petitioner sccks 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 371889, covering the arcas of Educational Leadership, Emotionally Handicapped and Specific Learning Disabilities, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten ‘Teacher at Biltmore Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3, On or about May 31, 2004, Respondent was driving while inloxicated or othcrwisc impaired. Following her arrest on the charge of Driving Under the Influence and related traffic code violations, Respondent refused to submit to a breath test. The state attorney filed information against Respondent charging her with: Count! , Driving Under the Influence; and Count2, Criminal Refusal (Post-Arrest). On or about November 9, 2004, the state dismissed Count 1 and Respondent pled nolo contendere to Count 2. The court adjudicated Respondent guilty of Count 2 und, among other ELIZABETH ANN NIEBRUGGE Administrative Complaint Page 2 of 3 penalties, sentenced her to 30 days in jail allowing that to be served on weekend work detail. 4, On or about February 12, 2005, Respondent reported for her court ordered weekend work detail with an odor of alcohol on her breath, Respondent was arrested and charged with Resisting an Officer without Violence, On or about February 14, 2005, Respondent’s probation officer charged. her with violating her prabation due to the arrest, On or about March 18, 2005, the court modified her original sentence, deleting the remaining jail time and placing her on 30 days home detention. The criminal charge was later dropped. 5. On or about August 11, 2004, Respondent culled the office and improperly used a standard school district emergency code, “code yellow,” when a student wet himself. Respondent’s call prompted the principal to issue a school-wide “code yellow” alcrt and lock down the school. On or about August 25, 2004, the school district issued Respondent a Ictter of reprimand and referred. her to the Employee Assistance Program. 6. On or about April 19, 2005, Respondent inappropriately disciplined C.B., a 6-ycar- old, male student, when she slapped lim in the face. On or about June 1, 2005, the school district issued Respondent a letter of reprimand and suspended her without pay for LO days, STATU OLATIONS 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)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: TheRespondent isin violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has bcen found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT4: The Respondent isin 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 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 lo protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. ELIZABETH. ANN. NIEBRUGGE Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct sct 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, based on the reasons sect forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administralive Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator's certificate pursuant lo the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent's educator's certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent {rom reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this WY dayor Maccly 2006. (th JOHN L. WINK, as Commissioner of Education State of Florida

Docket for Case No: 06-005294PL