STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-1396 KIMBERLY DENISE PRICE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam. Stewart, as Commissioner of Education, files this Adininistrative Complaint against KIMBERLY DENISE PRICE. 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 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in F lorida, 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 9583 18, covering the area of General Science, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Shanks Middle School in. the Gadsden County School District. MATERIAL ALLEGATIONS 3, On or about October 3, 2012, Respondent became involved in a vetbal confrontation with eighth grade female student T-Y. Respondent's conduct included, but was not limited to, taunting T.Y. by stating, “I don’t need this job,” “I’m going to show T.Y. not to run up on a grown up any more,” cursing at T-Y. and calling TY. a “heifer,” or words to that effect, Respondent retrieved a rubber band from her desk and put her hair up in a ponytail, took off her shirt and jewelry, and then threw a pen at T.Y. When T.Y. approached the front of the classroom, Respondent threw a desk at TY. The desk struck student CK., fracturing C.K.’s wrist. Respondent threw T.Y. to the floor and repeatedly punched T.Y. in her face with a closed KIMBERLY DENISE PRICE Administrative Complaint Page 2 of 3 fist, and choked T.Y. around her neck, Respondent was arrested and charged with Aggravated Battery on Child and Cause Great Harm, 4, On or about October 19, 2012, an Information was filed for the following charges: Count 1; Child Abuse, a third degree felony, and Count 2: Child Abuse, a 3 degree felony. On or about December 3, 2013, Respondent pled nolo contendere to the charges and adjudication was withheld. 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. COUNT 2: The Respondent is 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. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) KIMBERLY DENISE PRICE 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 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 EXECUTED on this_ 21 dayof Ape Ls 2014, Lhgecotcaes PAM STEWART, as Commissioner of Education State. of Florida

Docket for Case No: 14-004737PL