af p) STATE OF FLORIDA in EDUCATION PRACTICES COMMISSION? hep , a DR. ERIC J. SMITH, as Commissioner. of Education, Petitioner, vs. CASE NO. 067-2390-1 CONSTANCE ELAINE PHILLIPS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CONSTANCE ELAINE PHILLIPS. 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 250313, covering the areas of Administration/Supervision, Early Childhood Education, Elementary Education, and English to Speakers of Other Languages, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Poripano Beach Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about July 1, 1999, the Education Practices Commission entered a Final Order imposing discipline against the Respondent. The administrative complaint alleged: A. In or around February 1984, the Respondent was arrested and charged with shoplifting. The Respondent pled nolo contendere and was adjudicated guilty by the court. B. In or around August 1984, the Respondent was arrested and charged with CONSTANCE ELAINE PHILLIPS Administrative Complaint Page 2 of 3 Grand Theft. The Respondent pled guilty, and the court withheld adjudication. Cc. In or around May 1988, the Respondent attempted to steal merchandise from a store. D. In or around August 1989, the Respondent was arrested and charged with shoplifting. The Respondent pled nolo contendere, and was adjudicated guilty. E. In or around June 1986 and August 1996, the Respondent submitted applications for a Florida Educator’s Certificate, but failed to acknowledge her criminal history, as described above. 4. In or around Fall 2006, the Respondent collected lunch and breakfast money from Kindergarten students who were eligible for the free or reduced-cost lunch program. She did not pay for the breakfasts or lunches with the money she collected, and did not deposit the collected funds into the various students’ accounts. The Respondent failed to account for the collected money and used it for other than its intended purpose. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(©), 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 violated 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)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional ptivileges for personal gain or advantage. CONSTANCE ELAINE PHILLIPS Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. 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. 2 A - EXECUTED on this 3 _ day of \pait 2008 State of Florida

Docket for Case No: 09-000954PL