STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 101-0814 DENISE LYNN HIGBEA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DENISE LYNN HIGBEA. 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 1. The Respondent holds Florida Educator’s Certificate 846887, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), and Gifted, which is valid through June 30, 2016. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher AAU AGL CTrIploye at Webster Elementary School in the St. Johns County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, R.H. was a student in the Respondent’s fifth- grade class. 4. During the summer of 2010, beginning on or about July 1, 2010 through July 15, 2010, the Respondent engaged in inappropriate communications with R.H. via text message. Specifically: Filed September 28, 2011 2:52 PM Division of Administrative Hearings DENISE LYNN HIGBEA Administrative Complaint Page 2 of 3 (a) the Respondent exchanged numerous messages with R.H. that were ofa flirtatious or romantic nature and indicated a relationship other than teacher and student; (b) the Respondent asked R.H. to list her as “Sweetheart” on his phone’s contact list; (c) The Respondent and R.H. told each other “I love you” several times; and (d) The Respondent told R-H. to delete the messages after they were discovered by a member of R.H.’s family. 5. During the Summer of 2010, the Respondent invited R.H. to go to a movie and did take R.H. to a movie on one occasion. 6. On or about August 20, 2010, the St. Johns School District placed the Respondent on leave with pay after it received information about the Respondent’s conduct with R.H.. 7. On or about September 2, 2010, the Respondent resigned from her position with the St. John’s County School District. The Petitioner charges: ST. TE VIOLA 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. 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. DENISE LYNN HIGBEA Administrative Complaint Page 3 of 3 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. 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 1h day of . \ Usite __, 2011. of Education State of Florida

Docket for Case No: 11-005031PL