STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. | CASE NO. 101-3118 FAWN LEA LERNER-GILLI, . Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner-of Education, files this Administrative Complaint against FAWN LEA LERNER-GILLI. 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: JORISDICTION 1. The Respondent holds Florida Educator’s Certificate 795833, covering the areas of Elementary Education, World Language - French, and Exceptional Student Education, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Foreign Language Teacher at Meadowlawn Middle School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about April 28, 2011, Respondent engaged in a verbal confrontation with fourteen-year-old male student T.D., during which time Respondent hit T.D. on T.D.’s shoulder with Respondent’s hand or fist, causing a red mark or bruise to form on T.D.’s shoulder. 4, On or about June 13, 2011, the Pinellas County School District terminated Respondent’s employment. Filed August 29, 2012 10:16 AM Division of Administrative Hearings FAWN LEA LERNER-GILLI Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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. COUNT 2: 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 3: 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 4: 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) FAWN LEA LERNER-GILLI 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 wp to 10 years or permanently. . EXECUTED on this 2B> day of eStante- _, 2012. GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-002879PL