STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-1446 RHODA SMITH RICHARDSON, Respondent. _ ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against RHODA SMITH RICHARDSON. 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 318188, covering the areas of Elementary Education and Varying Exceptionalities, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Maplewood Elementary School in the Marion County School District. MATERIAL ALLEGATIONS - 3. During October of 2010, the Respondent made inappropriate comments in the presence of and directed at Student A., a female first grade student who was classified as having an intellectual disability, autism spectrum disorder and language impairment. Specifically, the Respondent: : (a) stated that after Student A. had urinated on herself, “don’t change her unless she’s real wet;” RHODA SMITH RICHARDSON Administrative Complaint Page 2 of 3 (b) stated that Student A. needed a “good spanking;” (c) stated that Student A. looked like a “beached whale;” (d) forced Student A. to clean up urine; (c) told Student A. that she was “disgusting” and that the Respondent was “so over you;” and (8) made derogatory comments about whether Student A.’s mother was giving Student A. medication and stated that the Respondent would not tell Student A.’s mother that Student A. was not feeling well. 4, During October of 2010, the Respondent was present in the classroom when paraprofessionals Debra Adams and Charles Pace made demeaning, threatening and derogatory “statements towards K-R.” The Respondent did nothing to intérvene or protect KR’ fom the” ~ comments made by Debra Adams and Charles Pace. 5. On or about October 8, 2010, the Marion County School District placed the Respondent on administrative leave. 6. On or about November 18, 2010, the Marion County School District notified the Respondent of its intent to terminate the Respondent’s employment based upon the Respondent’s conduct towards Student A.. The Respondent subsequently resigned from her position with the district. 7. The Respondent’s conduct towards Student A. was reported in the local media. The Petitioner charges: 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 Respondentis in violation of Section 1012.795(1)q), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RHODA SMITH RICHARDSON Adininistrative Complaint Page 3 of 3 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. »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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against ~ “tnarital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. 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 ora 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 on ETS OF permanently; determining the Responde: ineligi ification; i Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently, EXECUTED on this 2 l day of Sede nbeer 2011. GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 13-004961PL