STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, WS. CASE NO. 145-2307 JOAN ANN GULLEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOAN ANN GULLEY. 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 936890, covering the area of Exceptional Student Education, which is valid through June 30, 2017. 2, At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Moon Lake Elementary School in the Pasco County School District. MATERIAL ALLEGATIONS 3. During the 2014/2015 school year, Respondent inappropriately disciplined her Exceptional Student Education (ESE) students some of whom were three years old. Respondent aggressively and forcefully grabbed students by their arms, yelled in students’ faces, withheld food from students and held students down by laying on them during nap-time. JOAN ANN GULLEY Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT I; 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- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. 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 Respondeni’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 writien 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 enrol] 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 3% dayof_Pecaminar_, 2015. Acme PAM STEWART, as Conunissioner of Education State of Florida

Docket for Case No: 16-004593PL