STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 134-2486 ELIZABETH RACHAEL LEVY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam. Stewart, as Commissioner of Education, files this Administrative Complaint against ELIZABETH RACHAEL LEVY. 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 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 754056, covering the areas of English, English for Speakers of Other Languages (ESOL), and Reading, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Bartow Senior High School in the Polk County School District. MATERIAL ALLEGATIONS 3. Durmg class, on or about January 23, 2013, Respondent slapped 17-year-old student, Q.C. twice with an open hand on the back of Q.C.’s head. Respondent first slapped Q.C. when Q.C. did not have his assigned homework and a second time when Q.C. did not participate in class, Respondent was charged with Battery, and on or about December 4, 2013, in the County Court of the Tenth Judicial Circuit, Criminal Division, in and for Polk County, Florida, a Notice of Nolle Prosequi was entered for the charge upon Respondent’s completion of a Deferred Prosecution Program, ELIZABETH RACHAEL LEVY Administrative Complaint Page 2 of 3 4, On or about February 27, 2014, Respondent used her cell phone to take a picture of 17-year-old student A.F.’s buttocks. A.F.’s pants had fallen below her waist, exposing part of A.F’s buttocks. Respondent showed A.F. the photograph and told A.F., in-front of A.F.’s classmates, that Respondent “did not like the view, so fix your pants,” or words to that effect. Respondent’s actions embarrassed A.F., and A.F. asked Respondent to delete the picture. 5. During the 2013-2014 school year, Respondent made the following inappropriate statements, or statements of the same effect, to students: (a) “you know I sometimes exaggerate referrals” (for purposes of intimidating misbehaving students); (b) “you guys will never pass the FCAT”; (c) “this is not a white trash trailer park for you to be doing that”; and (d) “ass holes” (in reference to students). The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: — 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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.0813)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.0813), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. GIGNATURE ON FOLLOWING PAGE) ELIZABETH RACHAEL LEVY 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 Hmited 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 /9 J, day of Avge! 2014, by Leza PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-000426PL