STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1225 NATHANIEL MAURICE THURSTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against NATHANIEL MAURICE THURSTON. 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: 1. The Respondent holds Florida Educator’s Certificate 975096, covering the areas of English for Speakers of Other Languages and Exceptional Student Education, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as an English for Speakers of Other Languages Teacher at Phyllis Wheatley Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about January 1, 2009, in Dade County, Florida, Respondent inflicted physical or emotional injury upon his sixteen-year-old stepdaughter, without causing great bodily harm, by hitting her. Respondent was arrested and charged with one count of Child Abuse. 4, On or about March 9, 2009, Respondent agreed to a pre-trial intervention program which included, among other things, an anger management course and fifty (50) hours of community Filed February 7, 2011 11:14 AM Division of Administrative Hearings NATHANIEL MAURICE THURSTON Administrative Complaint Page 2 of 3 service. On or about October 1, 2009, Respondent completed the program and the case was nolle prossed, The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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 his effectiveness as an employee of the school board. LE VIOLATION: COUNTS: — The Respondent is in violation of Rule 6B. 1006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse ofa child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rale, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)¢c) and 943,059(4)(c), Florida Statutes, (SIGNATURE ON FOLLOWING PAGE) NATHANIEL MAURICE THURSTON 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 \qre day of Keto Mears 2010. DR. IC J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-000579PL