STATEOF FLORIDA... EDUCATION PRACTICES COMMISSION 23 Pi 3; JOHN L. WINN, as by 2 SO PL Commissioner of Education, Petitioner, vs. CASE NO. 045-1132-R CINDY ANN BRITTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against CINDY ANN BRITTON. 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 526129, covering the areas of Mentally Handicapped and Varying Exceptionalities, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Charlotte Harbor School in the Charlotte County School District. : MATERIAL ALLEGATIONS 3. During August 2004, Respondent reported to work under the influence of alcohol several times. On or about August 30, 2004, a Breathalyzer test measured Respondent’s blood alcohol level at .275 and .251. Respondent was placed on leave without pay until January 3, 2005. 4. On or about January 7, 2005, Respondent reported to work under the influence of alcohol. During class, Respondent sat on the leg of M.C., a 13-year-old female student with cerebral palsy. M.C. had undergone hip surgery in December 2004. When M.C. told Respondent that she was hurting her and requested that Respondent move, Respondent sat her full body weight on M.C.’s CINDY ANN BRITTON Administrative Complaint Page 2 of 3 hip area, and wiggled and pushed down, causing M.C. excruciating pain. Respondent did not heed M.C.’s pleas for her to stop, or those of several teachers and aides who witnessed the incident, for several minutes. Respondent was removed from the classroom and suspended. On or about February 22, 2005, Respondent resigned. STATUTE VIOLATIONS , COUNT1: 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. 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)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT6: 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. : (SIGNATURE ON FOLLOWING PAGE) -10- CINDY ANN BRITTON 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 ZC day of _Dyreyile_, 2005. JOHN L. WINN, as Commissioner of Education State of Florida -t1- Department of Education EPC Case Assignment List < The following cases were referred to the Education Practices Commission on June 23,2006 ul 4 Z 3 (208 EPC Case No PPS Case No Name SSN 06-0325-RT 045-1132 Britton, Cindy 393-72-0910 Total: 1 gsis EDUCATION PRACTICES COMMISSION TRANSMITTAL FORM AND PACKAGE “ey & 5 ey MEMORANDUM id 4 ] ‘* ? Be. “fe TO: Education Practices Commission 4 My, > E we FROM: Bureau of Professional Practices Services DATE: s23peee /Z3leoo8 SUBJECT: CINDY ANN BRITTON DOE NO.: 526129 FILE NO.: 045-1132 COUNTY: Charlotte x Revocation/Suspension In the matter of the Commissioner of Education vs CINDY ANN BRITTON, DOE Number 526129, all matters precedent to the filing of an Administrative Complaint have been met. The opportunity for a pre-hearing conference was offered to the Respondent May 02, 2005. The Commissioner of Education found Probable Cause on December 29, 2005. A certified complaint was mailed to the respondent from this office. This matter is now being filed with the Education Practices Commission. x Attachments ___. Commissioner's Finding of Probable Cause ___ Request for an Informal Hearing ___ Administrative Complaint/Notice of Reasons _ pequest for a Formal Hearing ___ Investigative Report and Backup ____ Request for a Stipulation Agreement (attached) ___ Certified Mail Receipt ___ Request for a Default ___ Election of Rights ___ Notice of Dismissal ___ Notice of Process Service ____ Surrender ___ Legal Advertisement DOE Attorney Respondent's Attomey Bonnie Wilmot Pamela Cooper 325 West Gaines Street 300 East Park Avenue Tallahassee, FL 32399-0400 Tallahassee, FL 32301 Robert Sickles 100 North Tampa Street, Suite 3500 Tampa, FL 33602

Docket for Case No: 08-003650PL