STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 089-3275

CAROL W. VERNON,

_ Respondent. /

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CAROL W. VERNON. 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 fo1ih in Sections 1012.795(1) and 1012.796(7), Florida Statutes.

The Petitioner alleges:

JURISDICTION

1. The Respondent holds Florida Educator's Certificate 1052147, cove1ing the area of Elementary Education, which is valid through June 30, 2011.

   
   

2. At all times pertinent hereto, the Respondent \Vas employed as a Science Teacher at Southside Middle School in the Duval County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about March 9, 2009, the Respondent observed S.B, a male sixth -grade student, engage in horseplay by throwing a wadded paper ball into a trash can. The Respondent grabbed S.B by the shirt collar, pulled S.B. from his seat, and physically forced S.B. out of the classroom and into the hallway by dragging him.

Filed March 30, 2011 10:51 AM Division of Administrative Hearings

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: 1be Respondent is in violation of Section 1012.795(l)(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)(j), 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 andior to the smdent's mental health andior physical health andior safety.

COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B­ l .006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

WHERE:FORE, 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 oflhe 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 \i: day of Dc:-kk(:_, 2oio.

D ,as Commissioner of Education State of Florida

Docket for Case No: 11-001593PL