PAM STEWART,

Commissioner of Education, Petitioner,

Before the Education Practices Commission of the State of Florida

vs. EPC CASE m 16-0615-RT

DOAH CASE m 16-7373PL

NOEL PATTI, PPS m 156-0335

CERTIFICATE m 842941

Respondent.

/

Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on January 31, 2018, in Altamonte Springs, Florida, for consideration of the Recommended Order entered in this case by LINZIE F. BOGAN, Administrative Law Judge. Respondent was present. Petitioner was represented by Darby Shaw, Esq.

Attached hereto as Exhibit A is a copy of Respondent’s Exceptions.

Ruling on Exceptions

Exception No. 1: Respondent filed an exception to paragraph 1 of the Findings of Fact of the Recommended Order (hereinafter “RO”): There is competent substantial evidence to support the findings in paragraph 1. The exception is rejected.

Filed February 23, 2018 8:11 AM Division of Administrative Hearings

Exception No. 2: Respondent filed an exception to paragraph 1 of the Findings of Fact of the Recommended Order (hereinafter “RO”): The exception is not relevant to this case. The exception is rejected.

Exception No. 3: Respondent filed an exception that is not specific to any finding of fact and does not identify any paragraph of the RO.

Exception No. 4: Respondent filed an exception to paragraph 17 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 17. The exception is rejected.

Exception No. 5: Respondent filed an exception to paragraph 20 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 20. The exception is rejected.

Exception No. 6: Respondent filed an exception to paragraph 21 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 21. The exception is rejected.

Exception Nos. 7 and 8: Respondent filed exceptions that are not specific to any finding of fact and do not identify any paragraph of the RO.

Exception No. 9: Respondent filed an exception to paragraph 22 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 22. The exception is rejected.

Exception No. 10: Respondent filed an exception to paragraph 23 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 23. The exception is rejected.

Exception No. 11: Respondent filed an exception to paragraphs 25 and 28 of the RO: There is competent substantial evidence to support the findings of fact in paragraphs 25 and 28. The exceptions are rejected.

Exception Nos. 12 - 20: Respondent filed exceptions that are not specific to any finding of fact and do not identify any paragraph of the RO.

Exception No. 21: Respondent filed an exception to paragraph 29 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 29. The exception is rejected.

Exception No. 22: Respondent filed exceptions that are not specific to any finding of fact and do not identify any paragraph of the RO.

Exception No. 23: Respondent filed an exception to paragraph 35 of the RO: There is competent substantial evidence to support the findings of fact in paragraph 35. The exception is rejected.

Exception Nos. 24 - 30: Respondent filed exceptions that are not specific to any finding of fact and do not identify any paragraph of the RO.

Exception No. 31: Respondent filed an exception to Petitioner’s Exhibit 31. The Commission has no jurisdiction to make rulings on evidentiary issues. The exception is rejected.

Exception Nos. 32 - 38: Respondent filed exceptions that are not specific to any finding of fact and do not identify any paragraph of the RO.

Exception Nos. 39: Respondent filed an exception that is not identify any paragraph of the RO. The exception is rejected.

Exception No. 40: Respondent filed an exception to paragraph 46 of the of the Administrative Complaint. There is no identification of any paragraph of the RO. The exception is rejected.

Exception Nos. 41-47: Respondent filed exceptions to the conclusions of law. There is competent substantial evidence to support the conclusions of law. The exceptions are rejected.

Exception No. 48: Respondent introduces evidence not submitted to the Division of Administrative Hearings. The exception is rejected.

Findings of Fact

1. The Panel hereby adopts the findings of fact in the Recommended Order.

There is competent substantial evidence to support these findings of fact.

Conclusions of Law

1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

2. The Panel hereby adopts the conclusions of law in the Recommended

Order.

Penalty

Upon a complete review of the record in this case, it is therefore ORDERED that:

Respondent is barred from re-application for a period of 5 years from the date of this Final Order.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.

DONE AND ORDERED, this 22 day of February, 2018.

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Order was furnished to NOEL PATTI, 4006 West Montgomery Terrace, Tampa, FL 33616 by Certified U.S. Mail, by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 this 22 day of February, 2018.

COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Hillsborough County Schools PO Box 3408

Tampa, FL 33601-3408

Director, Professional Standards Hillsborough County Schools 1202 East Palm Avenue Tampa, FL 33605

Lee Ann Gustafson

Senior Assistant Attorney General

LINZIE F. BOGAN

Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Claudia Llado, Clerk

Division of Administrative Hearings

Docket for Case No: 16-007373PL

Orders for Case No: 16-007373PL