STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2724

LINDA MARIE THIGPEN,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against LINDA MARIE THIGPEN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's ce1tificate 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:

JURISDICTION

l. The Respondent holds Florida Educator's Certificate 653566, covering the areas of Educational Leadership, Psychology, Occupational Specialist, and Exceptional Student Edu cation, which is valid through June 30, 2012.

1. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Robert Renick Education Center in the Miami Dade County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

2. On or about March 17, 2010, M.S., a fifteen-year-old, female student, threw milk on Respondent in the classroom.

   
   

3. Respondent reacted by pushing M.S. to the floor and punching M.S. in the face and/or head with closed fists.

   
   

   Filed June 16, 2011 3:08 PM Division of Administrative Hearings

   
   

4. At the time of the incident, M.S. defended herself against Respondent but was not threatening Respondent or other students.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795( I)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education mies.

RULE VIOLATIONS

COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B­ l .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 herein are in violation of Rule 6B­ l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embaiTassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

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 emoll 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 lo lO 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 ?_ '7½day of u_ _,2010.

DR. J, SMITH, as

Com · sioncr of Education State of Florida

Docket for Case No: 11-003015PL