:eforc the Edacotiort Practices Co of the Store ?Wag; 1E MS an IN RE: Administrative Complaint 3 disciplinary action against the Educ ator? Certi?cate of Bonnie Davis Gainer. EDUCAWN PRACTECES . STATE Diane. i 1. EPC INDEX No. [?3523?- 0 Firing An Administrative Complaint seeking disciplinary action against the educator?s certi?cate of Respondent, Bonnie Davis Gainey, was ?led by DR. ERIC J. SMITH, as Commissioner of Education on, August 1.6, 2011. Respondent, holder of Florida educator?s certi?cate number 323879, was served with a copy of the Adrninistrative Complaint. Respondent has filed an answer to the Administrative Complaint stating that she did not wish to contest the charges, that she waived any further rights to due process or a public hearing, that she surrendered her certi?cate for permanent revocation, and that all her actions were free and voluntary. The Administrative Complaint and the answers are incorporated as part of this Order. in consideration of the foregoing, the Education Practices Commission, as empowered by RS. 1012.796, hereby PERMANENTLY REVOKES educator?s certificate number, 323879, held. by Bonnie Davis Gainey. Reap-plication will not be considered. ,3 l" DONE AND ORDERED this i day Of 2011. BRIAN T. hairperson Education Practices Commission Final Order Re: Bonnie Davis Gainey I HEREBY CERTIFY that a copy of the foregoing Order in the Page Two was fulni ha, a by U. S. Mail. COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certi?cation Florida Administrative Law Reports P. O. Box 385 Gainesville, Florida 32602 Superintendent Orange County Schools Post Of?ce Box 271 Orlando, Florida 328020271 Human. Resources Orange County Schools Post Of?ce Box 271 Orlando, Florida 32802?0271. Daniel Biggins, Assistant Attorney General The Capital Plaza Level 1 Tallahassee, Florida 32399 Margaret O?Sullivan-Parker, Esquire Of?ce of General Counsel Florida Department of Education 325 W. Gaines Street, Suite 1232 Tallahassee, Florida 323990400 matter of DR. ERIC SMITH vs. BONNIE DAVIS GAINEY .- Sney, at this 23?" day of August 2011, Kathleen chhards Education Practices commission STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 101?0010 BONNIE DAVIS GAINEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against BONNIE DAVIS GAIN EY The Petitioner seeks the appropriate disciplinary sanction of+ the Respondent?s educator? certi?cate pmsuant to Sections 1012 3 15, 1012.195, and 1012. 796,- Florida Statutes, and pursuant to Rule 613-1006, Florida Administrative Code, Principles of Profess1onal Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 1012.795(1) and 10127960), Florida Statutes. The Petitioner aileges: 1. The Respondent holds Florida Educator?s Certi?cate 323879, covering the areas of Art and General Science, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as an Art Teacher at Little River Ele111enta1y School 111 the Orange Coontgm ool new? TE LEGATIONS 3. On or about May 13, 2010, the Respondent told ?student, that she would shoot-ifhe spilled paint. When-asked the Respondent what she meant by her Statempnt the demonstrated by holding her hand' 1n the shape of a gun and saying .I-LM ?1 will have to shoot you right between the eyes? or words to that effectabout wig; 14,2U1U,1116Rcauu11ucut slapped the (11111. Of? grade student, when- touchedo or was attempting to touch a clay object. BONNIE DAVIS GAINEY Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLA 1? ION COUNT 1: The Respondent is in violation of Section 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 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 allea tions of mi conduct set forth herein are in violation of Rule 63- 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 Respondent? educator? certi?cate pursuant to the authority proVided in Sections 1012 3795(1,? and Florida Statutes ?l 'he 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 ?ne; directing the Respondent to enroll in the Recovery Network. Program; suspending the Respondent?s educatdr?s certi?cate for a period of time not to exceed ?ve years; revoking the Respondent?s eduCator?s certi?cate for a period of time up to 10 years or permanently; determining the Respondent to be ineiigiblef 1or certi?cation; or barring the Hadron/1911+ ??nm reannlvi?g for an educator certi?cate for a period of time up to 10 years or .. -7 Hfl?" permanently. H3 day of W?x?u ,2011. Lab 9121? FDIF WITH 93 ?Luv Commissioner of Education State of Florida EXECUTED on this