STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1729 ELIZABETH POLANSKY MIDDLETON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ELIZABETH POLANSKY MIDDLETON. 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: JURISDICTION lL The Respondent holds Florida Educator’s Certificate 599372, covering the areas of Biology, Elementary Education, English for Speakers of Other Languages (ESOL), Middle Grades Integrated Curriculum, Varying Exceptionalities, and Exceptional Student Education, which is valid through June 30, 2014. 2. Atall times pertinent hereto, the Respondent was employed as a Dean at Liberty High School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about October 25, 2009, the Respondent sent an e-mail message to members of the Osceola County School Board, staff members of Gateway High School and other district administrative staff members. The message contained an explicit image of a penis, a description and photograph of a male teacher at Gateway High School, and the name and phone number of the cafeteria manager at Gateway High School. The message included the phrase“I can learn to suck my dick with Panther Pride” and stated that the cafeteria manager could “suck it.” Filed September 1, 2011 9:57 AM Division of Administrative Hearings ELIZABETH POLANSKY MIDDLETON Administrative Complaint Page 2 of 3 4. On or about January 29, 2010, the Respondent was charged with Stalking. On or about August 19, 2010, the charge was dismissed. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(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. COUNT2: 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(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. (SIGNATURE ON FOLLOWING PAGE) ELIZABETH POLANSKY MIDDLETON 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 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; 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 \ es day of Man, , 2011. Commissioner of Education State of Florida

Docket for Case No: 11-004438PL