STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as ) - 10,0! P LL Commissioner of Education, Petitioner, vs. CASE NO. 090-0030 BARJEANNE EDWANN GASTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against BARJEANNE EDWANN GASTON. 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, aid 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 746212, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2012. 2 At all times pertinent hereto, the Respondent was employed as a Fourth Grade a. Teacher at Royal Palm Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 12, 2009, Respondent met with senior schoo] administration members to discuss her unsatisfactory attendance record. After the meeting, Respondent made comments to other school staff members indicating her displeasure. Such comments included, but were not limited to, “They messed with the wrong person - I’m going after them,” or words to that effect. BARJEANNE EDWANN GASTON Administrative Complaint Page 2 of 3 4. On or about March 23, 2009, Respondent engaged in inappropriate conduct in that she utilized discussions with students during class time to spread rumors concerning administration and teacher personnel thereby creating a hostile work environment. 5. Respondent discussed with students in class an alleged romantic relationship between a member of the school administration and another teacher. Respondent had students swear on the Bible that they were telling the truth with regards to any statements they made concerning the alleged relationship. 6. Respondent’s actions caused disruption in the academic environment that was detrimental to both faculty and students. The Petitioner charges: STATUTE VIOLATIONS Qanh, 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 mule of the State Board of Education. COUNT2: 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. 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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- to unnecessary embarrassment or disparagement. 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 individual’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. BARJEANNE EDWANN GASTON Administrative Complaint Page 3 of 3 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 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 20" day of Nori \ , 2010. amet DR. ERI SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-010601PL