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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs MARGARET ANN MITCHELL, 00-002765PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002765PL Visitors: 38
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: MARGARET ANN MITCHELL
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 06, 2000
Status: Closed
Recommended Order on Monday, March 5, 2001.

Latest Update: Jun. 14, 2001
Summary: At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint dated April 4, 2000, and, if so, what disciplinary action should be taken against her.Teacher`s criminal conviction on charges of violating test security warrants revocation of teaching certificate.
Remand.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


TOM GALLAGHER, AS COMMISSIONER ) OF EDUCATION, )

)

Petitioner, )

)

vs. )

)

MARGARET ANN MITCHELL, )

)

Respondent. )


Case No. 00-2765PL

)


ORDER


This matter is before the undersigned on Order of Remand dated May 10, 2001.

Upon consideration, the Recommended Order in this case dated March 5, 2001, is amended as follows:

RECOMMENDATION


Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered permanently revoking the teaching certificate of the Respondent.

DONE AND ORDERED this 21st day of May, 2001, in Tallahassee, Leon County, Florida.


FLORENCE SNYDER RIVAS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 21st day of May, 2001.


COPIES FURNISHED:


Lisa N. Pearson, Esquire United Teachers of Dade 2929 Southwest Third Avenue Coral Way

Miami, Florida 33129


Kathleen M. Richards, Executive Director Education Practices Commission Department of Education

325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400


Charles T. Whitelock, Esquire Whitelock & Associates, P.A.

300 Southeast 13th Street

Fort Lauderdale, Florida 33316-1924

Jerry W. Whittier, Chief Bureau of Educator Standards Department of Education

325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400


James A. Robinson, General Counsel Department of Education

The Capitol, Suite 1701 Tallahassee, Florida 32399-0400


Docket for Case No: 00-002765PL
Issue Date Proceedings
Jun. 14, 2001 Final Order filed.
May 21, 2001 Order (recommending that a Final Order be entered revoking Respondent`s teaching certificate) issued.
May 18, 2001 Order of Remand filed.
Mar. 19, 2001 Letter to Kathleen Richards from Lisa Barnes regarding the return of Petitioner`s Exhibit 1 that was inadvertently left out of the March 5th transmittal filed.
Mar. 05, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Mar. 05, 2001 Recommended Order issued (hearing held November 30, 2000) CASE CLOSED.
Jan. 25, 2001 Transcript with diskette filed.
Jan. 22, 2001 Letter to Judge F. Rivas from C. Whitelock In re: Diskette containing Respondent`s Proposed Recommended Order filed.
Jan. 18, 2001 Petitioner`s Proposed Recommended Order (filed via facsimile).
Jan. 18, 2001 Respondent`s Proposed Recommended Order (filed via facsimile).
Jan. 09, 2001 Order issued (parties shall file proposed recommended orders by January 18, 2001).
Jan. 08, 2001 Transcript filed.
Jan. 04, 2001 Joint Motion for an Extension of Time to File Proposed Recommended Orders (filed via facsimile).
Dec. 13, 2000 Letter to DOAH from L. Pearson In re: temporary mailing address for holiday season (filed via facsimile).
Dec. 01, 2000 Trial Exhibits filed by C. Whitelock.
Nov. 30, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 27, 2000 Order Granting Motion to Include Transcripts Into Evidence issued.
Nov. 17, 2000 Respondent`s Response to Include Transcripts into Evidence (filed via facsimile).
Nov. 16, 2000 Petitioner`s Motion to Include Transcripts into Evidence (filed via facsimile).
Nov. 15, 2000 Respondent`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
Nov. 15, 2000 Petitioner`s Unilateral Stipulation (filed via facsimile).
Nov. 13, 2000 Respondent`s Second Request for Production filed.
Nov. 03, 2000 Petitioner`s Response to Respondent`s Request for Production (filed via facsimile).
Nov. 03, 2000 Petitioner`s Answers to Respondent`s First Interrogatories (filed via facsimile).
Oct. 23, 2000 Respondent`s Answer to Request for Production (filed via facsimile).
Oct. 23, 2000 Notice of Filing Answers to First Set of Interrogatories to Respondent (filed via facsimile).
Oct. 05, 2000 Re-Notice of Taking Deposition of M. Mitchell (filed via facsimile).
Sep. 26, 2000 Respondent`s Request for Production filed.
Sep. 26, 2000 Respondent`s Interrogatories to Petitioner filed.
Sep. 07, 2000 Order Denying Motion to Estop Relitigation of This Matter and to Proceed to Penalty Phase issued.
Sep. 07, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 30, 2000; 9:00 a.m.; Miami, FL).
Sep. 01, 2000 Motion for Continuance (filed by Respondent via facsimile).
Sep. 01, 2000 Petitioner`s Motion to Estop Relitigation of this Matter and to Proceed to Penalty Phase (filed via facsimile).
Sep. 01, 2000 Petitioner`s Motion to Expedite Discovery Responses (filed via facsimile).
Aug. 28, 2000 Motion in Response to Order Concerning Scheduling of Formal Hearing filed.
Aug. 21, 2000 Ltr. to Judge L. Sartin from L. Pearson In re: request for subpoenas filed.
Aug. 16, 2000 Notice of Hearing issued (hearing set for September 28 and 29, 2000; 9:00 a.m.; Miami, FL).
Aug. 16, 2000 Order of Pre-hearing Instructions issued.
Aug. 16, 2000 Order Concerning Scheduling of Formal Hearing issued.
Aug. 14, 2000 Joint Response to Initial Order (filed via facsimile).
Aug. 14, 2000 Notice of Appearance (filed by C. Whitelock via facsimile).
Aug. 08, 2000 Order to Provide Information issued. (parties shall respond by 8/17/2000)
Jul. 24, 2000 Order Placing Case in Abeyance sent out. (parties to advise status by September 21, 2000)
Jul. 19, 2000 Motion to Abate (Petitioner) filed.
Jul. 11, 2000 Initial Order issued.
Jul. 06, 2000 Administrative Complaint filed.
Jul. 06, 2000 Finding of Probable Cause filed.
Jul. 06, 2000 Election of Rights filed.
Jul. 06, 2000 Set Formal Hearing filed.
Jul. 06, 2000 Election of Rights filed.
Jul. 06, 2000 Notice of Appearance (by L. Pearson) filed.
Jul. 06, 2000 Agency referral filed.

Orders for Case No: 00-002765PL
Issue Date Document Summary
Jun. 13, 2001 Agency Final Order
May 21, 2001 Remanded from the Agency
Mar. 05, 2001 Recommended Order Teacher`s criminal conviction on charges of violating test security warrants revocation of teaching certificate.
Source:  Florida - Division of Administrative Hearings

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