Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: KAREN SPERRY SMITH
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Eustis, Florida
Filed: Dec. 19, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 20, 2009.
Latest Update: Dec. 25, 2024
DY-6358 PL
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
JOHN L. WINN as
Commissioner of Education,
Petitioner,
vs. CASE NO. 034-2285-V
KAREN SPERRY SMITH,
Respondent.
_/
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against Karen Spetry Smith. 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 433007, covering the areas of
Eatly Childhood Education, Elementary Education, English To Speakers Of Other Languages
(ESOL) and Varying Exceptionalities, which is valid through June 30, 2009.
2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten
Teacher in the Lake County School District.
MATERIAL ALLEGATIONS
3. On or about March 25, 2004, Respondent was pulled over by law enforcement for
having an obstructed vehicle tag that was hard to read. As the officer approached the vehicle, a
strong odor of alcohol was present. Respondent consented to a search of her vehicle and an open
alcoholic beverage and a glass pipe were recovered. Respondent admitted that she had just
“taken a hit” from the pipe. Respondent was arrested and charged with Possession of Drug
Paraphernalia. On or about May 17, 2004, Respondent pleaded nolo contendere to the charge.
Adjudication was withheld and Respondent was sentenced to 15 days in jail and ordered to pay
fines.
KAREN SMITH
Administrative Complaint
Page 2 of 3
4. On or about February 15, 2005, Respondent took her father's vehicle
without permission with the intent to trade it for crack cocaine. Respondent was arrested and
charged with Grand Theft-Statutory Property. On or about July 19, 2005, Respondent entered a
plea of nolo contendere to the charge and adjudication was withheld. Respondent was sentenced
to one year of drug offender probation with special conditions.
5. On or about January 12, 2005, Respondent tested positive for cocaine as a
result of a reasonable suspicion drug test.
6. On or about March 28, 2005, Respondent’s employrnent was terminated.
STATUTORY VIOLATIONS
COUNT 1: The Respondent is in violation 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, upon investigation, has been found guilty of personal conduct which
seriously reduces her effectiveness as an employee of the schoo! board.
COUNT 3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes,
in that Respondent has violated the Principles of Professional Conduct for the Education
Profession prescribed by the 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.
(SIGNATURE ON FOLLOWING PAGE)
KAREN SMITH
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 AYO day of (My , 2006.
of L. Winn, as
Commissioner of Education,
State of Florida
Docket for Case No: 08-006358PL
Issue Date |
Proceedings |
Jan. 20, 2009 |
Order Closing File. CASE CLOSED.
|
Jan. 16, 2009 |
Stipulated Motion to Close File and Relinquish Jurisdiction filed.
|
Jan. 05, 2009 |
Order of Pre-hearing Instructions.
|
Jan. 05, 2009 |
Notice of Hearing (hearing set for February 20, 2009; 10:00 a.m.; Eustis, FL).
|
Dec. 22, 2008 |
Joint Response to Initial Order filed.
|
Dec. 19, 2008 |
Initial Order.
|
Dec. 19, 2008 |
Administrative Complaint filed.
|
Dec. 19, 2008 |
Election of Rights filed.
|
Dec. 19, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Dec. 19, 2008 |
Agency referral filed.
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