STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1331 MELINDA HARRIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MELINDA HARRIS. 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 813598, covering the areas of Educational Leadership, English 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 Dean of Students at Ridge Community High School in the Polk County School District. MATERIAL ALLEGATIONS 3. During February and April 2009, Respondent displayed inappropriate conduct in that she engaged in an inappropriate relationship with B.L, an eighteen-year-old male student. Respondent’s conduct included but was not limited to, making and receiving over fifty (50) calls and phone-texts to B.L, lasting between one (1) and sixteen (16) minutes, and usually occurring between the hours of 11:00 pm and 12:00 am. Filed April 26, 2011 9:57 AM Division of Administrative Hearings MELINDA HARRIS Administrative Complaint Page 2 of 3 4, On or about April 22, 2009, Respondent resigned her position in lieu of termination. Her resignation and reporting of the impending District investigation was carried by the local press. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent bas 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)(), 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 health and/or safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) MELINDA HARRIS 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 Comrnission 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 ora 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 inthe 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 \ gin day of Ocho , 2010. DR. ERIG J, SMITH, as Commnissioner of Education State of Florida

Docket for Case No: 11-002089PL