STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-2667 ELIZABETH DOBELSTEIN CLARY, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ELIZABETH DOBELSTEIN CLARY. 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 1. The Respondent holds Florida Educator’s Certificate 678673, covering the area of Social Science, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a World History Teacher at Richardson Middle School in the Columbia County School District. MATERIAL ALLEGATIONS 3. On or about January 10, 2014, Respondent behaved in an irresponsible manner by placing duct tape on students in her middle school World History class and allowing students to place duct tape on themselves. Respondent’s conduct included but was not limited to; A. Placing duct tape on the mouth of A.B. an eleven year old, female student, after A.B. spoke out in class. ELIZABETH DOBELSTEIN CLARY Administrative Complaint Page 2 of 3 B. Placing duct tape on the mouth, wrists and ankles of J.B., an eleven year old, male student, at J.B.’s request then taking a picture of J.B. bound by the duet tape and circulating the picture by electronic mail. 4, On or about February 13, 2014, Respondent resigned in lieu of termination from her teaching position with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — 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 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 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)(¢), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement, (SIGNATURE ON FOLLOWING PAGE) ELIZABETH DOBELSTEIN CLARY 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 up to 10 years or permanently, EXECUTED onthis G — dayof March _ , 2015, Ad tcers PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-003625PL