te. STATE OF FLORIDA Upp My Ep EDUCATION PRACTICES COMMISSION e 6 DE-ISO0PL “Hef 54 JOHN L. WINN, as Commissioner of Education, Aaidin Ve Petitioner, vs. CASE NO, 045-0142-G DARYL JEANNE GIBSON, Respondent. / rT. I OMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DARYL JEANNE GIBSON. 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 Petitioncr allcges: DICTIO 1. The Respondent holds Florida Educator’s Certificate 523926, covering the areas of Biology, Chemistry and Mathematics, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Math Teacher at Lyman High School in the Seminole County School District. MATERIAL ALLEGATIONS 3. Tn December 1990, the Commissioner of Education found probable cause to take action against Respondent’s Educator’s Certificate in Professional Practices Services Casc Number 90133-D. In part, the Administrative Complaint alleged the Respondent used inappropriate and sexually explicit language and gestures in the presence of or directed at students and that such janguage and gestures offended or embarrassed the students. On or about May 31, 1991, the Education Practices Commission (EPC) issued a final order in the case which incorporated a Settlement Agreement between the Commissioner and the Respondent. See, EPC Case Number 90- DARYL JEANNE GIBSON Administrative Complaint Page 2 of 3 289-RT. As part of the settlement, Respondent’s Educator’s Certificate was suspended for one year, she was required to submit to a psychological evaluation and was placed on two years probation. 4. Between 1996 and 2002, Respondent was disciplined on several occasions and was issued various directives for making inappropriate, unprofessional, derogatory, sarcastic or demeaning comments in the presence of or directed at students. Respondent’s comments included name calling and profanity. On at least two occasions, Respondent’s principal issued her a formal letter of reprimand for the conduct. On one other occasion, the school board suspended Respondent one day without pay for the conduct, 5. During June, 2004, Respondent made inappropriate, unprofessional, derogatory, sarcastic and demeaning comments in the presence of or directed at students. These comments included Respondent calling one female student a “heifer,” referring to wheclchair-bound students as “retarded,” and telling a male student who asked to use the restroom to “tie it in a knot.” Effective June 22, 2004, Respondent’s principal terminated her from her summer school position. STATUTE ViOL, Ss 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. COUNT2: 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 Xi), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATI 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 Icarning 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. (SIGNATURE ON FOLLOWING PAGE) a a — DARYL JEANNE GIBSON 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 cducator’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 Sf day of “X MN 5 2006. wf tele Commissioner of Education State of Florida

Docket for Case No: 08-001500PL