STATE OF FLORIDA EDUCATION PRACTICES COMMISSION. DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-0160 TAMMY MALONE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against TAMMY MALONE. 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 606947, covering the areas of Elementary Education and Health, which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Edgewater Elementary School in the Escambia County School District. MATERIAL ALLEGATIONS 3. During the 2008 - 2009 school year, the Respondent engaged in unprofessional and disruptive behavior. Specifically: ‘ {a) on or about October 9, 2008, the Respondent left a threatening message on a co- worker’s home answering machine and the next day confronted the co-worker at school; TAMMY MALONE Administrative Complaint Page 2 of 3 (b) the Respondent confronted a parent and referred to the parent as “a bully,” “unprofessional” and uneducated; (c) the Respondent interacted with co-workers and supervisors in an abrupt, unruly and confrontational manner on several occasions; and (d) the Respondent shouted at students in her classroom, made disparaging remarks about students and displayed aggressive behavior in front of students on several occasions. 4. On or about May 8, 2009, the principal of Respondent’s school notified the Respondent that her contract would not be renewed for the following school year. During the meeting the Respondent shouted at the principal and made threatening and disparaging remarks such as “Everyone at the district knows you are incompetent” and “You are going to burn in hell” or words to that effect. While being escorted to her classroom, the Respondent told a law enforcement officer that the principal was a “Nazi” and a “faggot.” 5. Gn or about May 2, 2009, the Respondent was placed on administrative reassignment with pay. The Respondent’s teaching contract with the School District of Escambia County was non- renewed as of June 3, 2009. 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. COUNT3: The Respondent is 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. 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 heaith and/or safety. TAMMY MALONE Administrative Complaint Page 3 of 3 COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individtial’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. 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 ineligibie 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_ Z| H say of Duly , 2010. Zh dit DR. ERIGY SMITH, as” Commissioner of Education State of Florida

Docket for Case No: 10-009397PL