STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2469

CA1lOL TOMPKINS TILLEY,

Respondent.

- - - - --'----'-- - - - - - - - -----/ '

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CAROL TOMPKINS TILLEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Fiorida Statutes, and pursuant to Rule 6B-l.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:

JURISDlCTION

1. The Respondent holds Florida Educator's Certificate 569876, covering the areas of Elementary Education, English to Speakers of Other Languages (ESOL) and Varying Exceptionalities, which is valid through Ju11e 30, 2011.

   
   

2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Watson B. Duncan Middle School in the Palm Beach County Schoo] District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about October 6, 2009, Respondent kicked D.S., a fourteen-year-old, male Exceptional Student Education (ESE) student. Respondent kicked D.S. hard in the shin and hit D.S.'s hand.

   
   

4. At the time of the incident, D.S. posed no immediate threat to Respondent, himself or any other student.

Filed March 24, 2011 3:26 PM Division of Administrative Hearings

The Petitioner charges:

STATUTE VIOLATIONS

CAROL TOMPKINS TILLEY

Administrative Complaint

Page 2 of3

COUNT 1: The Respondent is in violation of Section l 012.795(1)0), 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 2: The allegations of misconduct set forth herein arc 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 3: The allegations of misconduct set forth hereix1 are in violation of Rule 6B­ l .006(3)(e), Florida Administrative Code, in that Respondent has intentionaliy exposed a student to unnecessary cmban-assment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

CAROL TOMPKINS TILLEY

Administrative Complaint

Page 3 of3

+\

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; detem1ining 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 \3 - day of c...Lf\-\lo..u',2010.

Comrnissio r of Education State of Florida

Docket for Case No: 11-001561PL