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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs THELMA ELAINE DIXON, 10-000517PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000517PL Visitors: 19
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: THELMA ELAINE DIXON
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Crestview, Florida
Filed: Feb. 03, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 12, 2010.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, | O- 06 | 7 pL ‘ vs. CASE NO. 089-2715 THELMA ELAINE DIXON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against THELMA ELAINE DIXON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 lL The Respondent holds Florida Educator’s Certificate 511274, covering the areas of Stenography, History, Physical Education, Reading, Gifted and Business Education, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Crestview High School in the Okaloosa County School District. MATERIAL ALLEGATIONS 3. During February 2009, Respondent administered the Florida Ready to Work Program exam to students preparing to enter the workforce. On or about February 9, 2009, Respondent provided C.L., K.K., and D.B., three high school students, with screen names and passwords for three other students who had taken and failed at least part of the Florida Ready to Work exam. Respondent had C.L., K.K. and D.B. take the exam. using identifying information for the three students who had previously failed in an attempt to fraudulently obtain passing grades for the THELMA ELAINE DIXON Administrative Complaint Page 2 of 3 students who had failed. 4. On or about April 7, 2009, the district suspended Respondent from her teaching position for seven days without pay as a result of the incident. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation. of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school 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 State Board of Education rules. RULE VIOLATIONS é 4 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. COUNTS: 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. COUNT6: The Respondentis in violationofRule 6B:1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) 7 THELMA ELAINE DIXON Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the 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; determining the Respondent to be ineligible for certification; 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 \4*> day or Octeber 2009. _ DR; ERIC‘: SMITH, as “Cdimmissioner of Education State of Florida

Docket for Case No: 10-000517PL
Issue Date Proceedings
May 18, 2010 Petitioner's Response to Respondent's Motion for Re-consideration and/or Rehearing on Order Relinquishing Jurisdiction filed.
May 14, 2010 Respondent's Motion for Re-consideration and/or Rehearing on Order Relinquishing Jurisdiction filed.
May 12, 2010 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Apr. 28, 2010 Amended Notice of Taking Deposition (Arden Farley) filed.
Apr. 28, 2010 Notice of Taking Deposition (Dexter Day, Ed Colemen) filed.
Apr. 27, 2010 Notice of Filing Deposition Transcript (Thelma Elaine Dixon).
Apr. 26, 2010 Deposition of Thelma E. Dixon filed.
Apr. 23, 2010 Motion to Relinquish Jurisdiction in Absence of Disputed Issues of Material Fact filed.
Apr. 20, 2010 Notice of Taking Deposition (Alex Tibbets, Mike Foxworthy, Lloyd Taylor) filed.
Apr. 20, 2010 Notice of Taking Deposition (Arden Farley) filed.
Apr. 07, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 26, 2010; 10:00 a.m., Central Time; Crestview, FL).
Apr. 02, 2010 Respondent's Unopposed Request to Continue and Reset Hearing filed.
Mar. 24, 2010 Petitiner's Response to Respondent's Request for Production filed.
Mar. 24, 2010 Petitioner's Answers to Respondent's First Interrogatories filed.
Mar. 24, 2010 Petitioner's Answers to Respondent's First Interrogatories filed.
Mar. 22, 2010 Notice of Taking Deposition (H.B. Stivers) filed.
Mar. 18, 2010 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Mar. 18, 2010 Respondent's Responses to Petitioner's Request for Admissions filed.
Mar. 18, 2010 Notice of Serving Answers to Petitioner's Interrogatories filed.
Mar. 15, 2010 Respondent's First Request for Production of Documents filed.
Mar. 15, 2010 Notice of Service of Respondent's First Interrogatories to Petitioner filed.
Feb. 19, 2010 Order of Pre-hearing Instructions.
Feb. 19, 2010 Notice of Hearing (hearing set for April 21, 2010; 10:00 a.m., Central Time; Crestview, FL).
Feb. 12, 2010 Petitioner's Request for Admissions filed.
Feb. 12, 2010 Petitioner's First Request for Production of Documents filed.
Feb. 12, 2010 Notice of Service of Interrogatories filed.
Feb. 09, 2010 Joint Response to Initial Order filed.
Feb. 03, 2010 Initial Order.
Feb. 03, 2010 Administrative Complaint filed.
Feb. 03, 2010 Election of Rights filed.
Feb. 03, 2010 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 03, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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