STATE OF FLORIDA EDUCATION PRACTICES COMMlSSI0N

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2510

SOMBAT DEBOER,

Respondent.

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AD1\1INISTRA TIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against SOMBAT DEBOER. 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) a.TJ.d 1012.796(7), Florida Statutes.

The Petitioner alleges:

JURISDICTION

1. The Respondent holds Florida Educator's Certificate 740735, covering the area of Elementary Education, which is valid through June 30, 2013.

   
   

2. At al1 times pertinent hereto, the Respondent was employed as a First Grade Teacher at Endeavor Elementary School in the Brevard County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about April 11, 2010, in Brevard County, Florida, Respondent hit his three- year-old son with a hanger, leaving visible welts on the child's back and thighs; locked hi.s children and wife outside of their home; and hit his wife on the head and shoved her onto a couch against her will. Respondent was arrested and charged with one count of Child Abuse and one count of Battery Domestic Violence. On or about February 11, 2001, Respondent pled guilty to, and the court adjudicated him guilty of, the charges of Culpable Negligence Inflicts Injury (a lesser-included offense) and Battery Domestic Violence.

   
   

   Filed July 19, 2011 8:56 AM Division of Administrative Hearings

   SOMBAT DEBOER

   Administmtive Complaint

   Page 2 of3

   
   

4. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for the revocation or other sanction of a teaching certificate.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The 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)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation.

(SIGNATURE ON FOLLOWING PAGE)

SOMBATDEBOER

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 theRespondent's educator's certificate pursuant to the authority provided in Sections 1012.795(1) and IO12. 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 anadministrative 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

11 ' -<"

2;,

e, day of _J t..,...Yl.i- 201l.

DR. ERIC

Commissioner of Education State of Florida

Docket for Case No: 11-003483PL