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Mark Wilensky
Mark Wilensky
Visitors: 111
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Bar #290221(FL)     License for 46 years; Member in Good Standing
Wellington FL

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13-002900TTS  BROWARD COUNTY SCHOOL BOARD vs DEBORAH TERSIGNI  (2013)
Division of Administrative Hearings, Florida Filed: Aug. 01, 2013
Whether just cause exists for Petitioner to suspend Respondent without pay and terminate her employment as a teacher.Petitioner did not prove, by a preponderance of the competent substantial evidence, that just cause exists, pursuant to section 1012.33 and rule 6A-5.056, to suspend Respondent and terminate her employment as a teacher.
15-000047TTS  PALM BEACH COUNTY SCHOOL BOARD vs ZEDRICK BARBER  (2015)
Division of Administrative Hearings, Florida Filed: Jan. 07, 2015
The primary issue in this case is whether, as the district school board alleges, a teacher used inappropriate force against one or more students; if the allegations of wrongdoing are proved to be true, then it will be necessary to decide whether the school board has just cause to impose a ten-day suspension without pay on the teacher as punishment.Teacher's physical contact with disruptive and disorderly students was reasonable under the circumstances to protect students from harmful conditions and does not provide just cause for a ten-day suspension without pay.
13-003603TTS  ST. LUCIE COUNTY SCHOOL BOARD vs DRU DEHART  (2013)
Division of Administrative Hearings, Florida Filed: Sep. 16, 2013
The issues are whether Respondent is guilty of the alleged misconduct and, if so, whether such misconduct constitutes just cause for Respondent's termination, pursuant to section 1012.33(6)(a), Florida Statutes.Termination for teacher guilty of asking a student to talk to another student who had misbehaved in class and failing to intervene to stop student from doing so and getting friends to intimidate misbehaving student.
10-010698TTS  ST. LUCIE COUNTY SCHOOL BOARD vs PATRICIA DAVIS  (2010)
Division of Administrative Hearings, Florida Filed: Dec. 16, 2010
As stipulated by the parties, the issue in this case is whether there is “just cause” to terminate the employment of Patricia Davis.Ten-year bus paraprofessional's failure to constantly monitor ESE students, to perform duty of greeting students and escorting to seats, and to call for help in an emergency was not just cause for termination, but was for 1-year suspension.
09-000387TTS  PALM BEACH COUNTY SCHOOL BOARD vs RAYBURN WHITE  (2009)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2009
Whether Petitioner, Palm Beach County School Board (Petitioner or School Board), has just cause to terminate or otherwise discipline Respondent, Rayburn White’s, employment based on the conduct alleged in the “Petition” dated January 15, 2009, and filed with DOAH January 20, 2009. Also at issue is the discipline, if any, to be imposed.Respondent should be reinstated with back pay because Petitioner did not prove just cause for termination or other discipline.
08-004250TTS  INDIAN RIVER COUNTY SCHOOL BOARD vs GEORGE YOUNG  (2008)
Division of Administrative Hearings, Florida Filed: Aug. 28, 2008
Whether there is just cause to suspend Respondent, George Young (Respondent), as alleged in the letter of the superintendent of schools dated June 9, 2008.Respondent was not forthcoming and completely truthful in report of assault. Failure to be completely honest in his dealings subjects him to suspension, and Petitioner's decision should be sustained.
05-002899PL  JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs MICHAEL MITCHELL  (2005)
Division of Administrative Hearings, Florida Filed: Aug. 15, 2005
Whether the Petitioner committed the violations alleged in the Administrative Complaint dated October 25, 2004, and, if so, the penalty that should be imposed.Petitioner failed to prove by clear and convincing evidence that Respondent committed the acts of misconduct alleged in the Administrative Complaint. Recommend that the Administrative Complaint be dismissed.
00-004356PL  CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs CLIFFORD L. BATTLES  (2000)
Division of Administrative Hearings, Florida Filed: Oct. 24, 2000
At issue is whether the Respondent committed the offenses set forth in the Amended Administrative Complaint dated October 25, 2000, and if so, what disciplinary action should be taken.Teaching certificate revoked for sexual relationship with 14-year-old student.
19-002907TTS  ST. LUCIE COUNTY SCHOOL BOARD vs TANGELA SMITH  (2019)
Division of Administrative Hearings, Florida Filed: May 30, 2019
The issue in this case is whether there is just cause to terminate Tangela Smith’s employment with the St. Lucie County School Board based upon the allegations made in its Petition for Termination.School Board failed to prove by preponderance of evidence that teacher's conduct was violation of School Board policies justifying termination.
19-005158TTS  BROWARD COUNTY SCHOOL BOARD vs PAMELA D. BEAL  (2019)
Division of Administrative Hearings, Florida Filed: Sep. 26, 2019
The issue is whether, as the district school board alleges, an elementary school teacher slapped a student’s face in class—an allegation which, if proved, would give the district just cause to suspend the teacher without pay for five days.The school board failed to prove that an elementary school teacher slapped a student’s face in class and, thus, lacked just cause to suspend the teacher without pay for five days.

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