OY: 5200 PL STATE OF FLORIDA — EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as Commissioner of Education, Petitioner, VS. CASE NO. 056-2571-A MELISSA WITTER, ~ » & Respondent. 22 2 “Ti BeBe 2 I 250 2 mt Bee > ADMINISTRATIVECOMPLAINT 2223 7 @ < T mi Petitioner, Jeanine Blomberg, as Commissioner of Education, filcs this Administrative Complaint against MELISSA WITTER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’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 Statutcs. The Petitioner alieges: SURISDICTION 1. The Respondent holds Florida Educator’s Certificate 873220, covering the areas of English and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Yeacher at Mount Dora High School in the Lake County School District. MATERIAL ALLEGATIONS 3. During February, 2006, Respondent sent inappropriate text messages over her cctlular telephone to D.R., a sixteen-year-old, male student. Respondent sent D.R. the following messages; “I love you so much”, “Don’t you love me any more?” and “You’re breaking my heart.” On or about May 26, 2006, Respondent resigned from her teaching position with ihe district. The Petitioner charges: STATUTE VIOLATIONS MELISSA WITTER Administrative Complaint Page 2 of 3 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)(#), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the schoo! 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 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 Jearning and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: The allegations of misconduct sct forth herein are in violation of Rule 6B- 1.006(3e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) MELISSA WITTER 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 lo, 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 Lo 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 cducator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 21 day of Nunes , 2007. KROMLATC JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-005206PL