OK ja33BPC STATE OF FLORIDA 2028 wae EDUCATION PRACTICES COMMISSION IS A tie yg ADMIgiog | UF SEANINE BLOMBERG, as Hen PH TIVE Commissioner of Education, "GS Petitioner, vs. CASE NO. 067-0080-1 NICOLE DYKE-SHELL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioncr of Education, files this Administrative Complaint against NICOLE DYKE-SHELL. The Petitioner sccks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 10!2.796, Florida Statutcs, 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 Hlorida Educator’s Certificate 782715, covering the area of English, which is valid through June 30, 2009. 2. Atall times pertinent hercto, the Respondent was employed as a Sixth Grade Teacher at Plantation Middle School in the Broward County School District. MATERIAL ALLEGATION 3. Onor about April 24, 2006, the Respondent engaged in improper and unprofessional conduct in that she encouraged two male students to physically assauit a fellow student. The Respondent stood by and watched as the two students attacked the victim, stripping him of clothing, dragging him on the floor, hitting him with their fists and [cct, swinging him in the air and putting, him into a garbage can. Although the victim cried out for help, the Respondent did not take any action to stop the attack nor did she make any cffort to seek intervention by other school officials. NICOLE DYKE-SHELL Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 10!2.795(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)(£}, Florida Statutes, in that Respondent has becn found guilty of personal conduct which seriously reduccs her effectivoness as an employee of the school board. COUNT3: The Respondents 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 sct forth hercin 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 physica! health and/or safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rute 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) NICOLE DYKE-SHELL Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to 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 from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this © day ot Deplenbec: 2007. ' Cine JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-001332PL