STATE OF FLORIDA oy EDUCATION PRACTICES COMMISSION’? ,, pemeczsmms OV OMJPL | Commissioner of Education, Petitioner, vs. CASE NO. 067-2770-T WILLEEN R. WITHERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against WILLEEN R. WITHERS. The Petitioner seeks the appropriate disciplinary sariction 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 163137, covering the areas of Early Childhood Education, Elementary Education, and Pre-Kindergarten Disabilities, which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Teacher at Terwilliger Elementary School in the Alachua County School District. MATERIAL ALLEGATIONS 3. During the 2006/2007 school year, student D.I. was in the Respondent’s class. 4. Student D.I. was three years old in November 2006. D.I. suffered from a traumatic brain injury that caused difficulty in balance. Due to his injury, D.I. was fearful of moving equipment and of being off the ground. His individual educational plan (“HEP”) indicated a goal for D.I. was to have him “jump with both feet from 2"- 4" platform 3/S trials.” WILLEEN R. WITHERS Administrative Complaint Page 2 of 3 5. The Respondent was aware of D.I.’s injury, limitations, and IEP. 6. On or about November 15, 2006, the Respondent allowed an aide to put D.I. on climbing equipment on the school playground. He was placed on the first rung, which was approximately three feet off the ground (much higher than allowed under the child’s IEP), and he clung with his hands to the next rung, approximately two feet higher than that. D.I. suffered unnecessary fear and anxiety as a result of being placed so far off the ground. The aide and the Respondent stood several feet away from D.I. and simply watched him as he cried hysterically and clutched tightly. The Petitioner charges: STATUTE VIOLATIONS 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)(i), Florida Statutes, in that Respondent has viclated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: 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) WILLEEN R. WITHERS 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 educatoi’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 aus day of “YW iy , 2008. LE he poke J. SMITH, as State of Florida

Docket for Case No: 09-000041PL