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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ALYSON D. JARVIS, 10-009140PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009140PL Visitors: 13
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ALYSON D. JARVIS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Clearwater, Florida
Filed: Sep. 16, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 5, 2010.

Latest Update: Jan. 24, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as | ( - di HURL Commissioner of Education, Petitioner, VS. CASE NO. 089-0932 ALYSON DIANE JARVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ALYSON DIANE JARVIS. 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 1. The Respondent holds Florida Educator’s Certificate 841581, covering the area of Elementary Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Southern Oaks School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. From in or around 2006 through in or around 2008, the Respondent engaged in a sexual relationship with a minor. 4. On or about October 21, 2008, the Respondent was charged with Unlawful Sexual Activity with a Minor. 5. On or about March 18, 2009, the Respondent pled guilty to, and was adjudicated guilty of, one count of Child Abuse under section 827.03, Florida Statutes, which was a felony ALYSON DIANE JARVIS Administrative Complaint Page 2 of 3 offense. This offense is a disqualifying offense under 1012.315, Florida Statutes. 6. The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. 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)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. COUNT3: The Respondentis in violation of Section 1012.795(1)G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 4: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes. EK VIOLATIONS COUNTS: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) ALYSON DIANE JARVIS 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; 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 | { oth day of ar wl \ , 2009. CommissifOner of Education State of Florida

Docket for Case No: 10-009140PL
Source:  Florida - Division of Administrative Hearings

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