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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KRIZIA COLUMNA, 17-006391PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006391PL Visitors: 32
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KRIZIA COLUMNA
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Nov. 21, 2017
Status: Closed
Recommended Order on Tuesday, May 1, 2018.

Latest Update: Sep. 06, 2018
Summary: Whether the Respondent, an elementary school teacher, should be disciplined under sections 1012.795 and 1012.796, Florida Statutes (2016),1/ for inappropriately disciplining a student in violation of Florida Administrative Code Rules 6A-10.081(2)(a)1. and 5.2/; and, if so, the appropriate discipline.Child testimony did not prove charges of improper discipline by clear and convincing evidence.
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Before the Education Practices Commission of the State of Florida


PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 17-0589-RT

DOAH CASE m 17-6391PL

KRIZIA COLUMNA, PPS m 167-1892 CERTIFICATE m 1197418

Respondent. Index m: 18-302-FOF

/


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 June 14, 2018 in Altamonte Springs, Florida, for consideration of the Recommended Order entered in this case by J. LAWRENCE JOHNSTON, Administrative Law Judge.

Respondent was represented by counsel. Petitioner was represented by Darby Shaw, Esq.

Findings of Fact


  1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant


    Filed September 6, 2018 3:27 PM Division of Administrative Hearings


    to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.


  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

The Amended Administrative Complaint is hereby dismissed.


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


DONE AND ORDERED, this 28th day of June, 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 mailed to KRIZIA COLUMNA, 3414 Jon Jon Drive, Orlando, FL 32822 and Tobe M. Lev, Esq., 231 East Colonial Drive, Orlando, FL 32801 by Certified U.S. Mail and by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esq., Post Office Box 770088, Ocala, FL 34477 this 28th day of June, 2018.


COPIES FURNISHED TO:


Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Orange County Schools

P.O. Box 271

Orlando, FL 32802-0271


Director of Personnel Orange County Schools

P.O. Box 271

Orlando, FL 32802-0271


Lee Ann Gustafson

Senior Assistant Attorney General


J. LAWRENCE JOHNSTON 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: 17-006391PL
Issue Date Proceedings
Sep. 06, 2018 Agency Final Order filed.
May 01, 2018 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 01, 2018 Recommended Order (hearing held February 21 and 22, 2018). CASE CLOSED.
Mar. 26, 2018 Respondent's Proposed Recommended Order filed.
Mar. 26, 2018 Petitioner's Proposed Recommended Order filed.
Mar. 15, 2018 Transcript Volumes I-III (not available for viewing) filed. 
 Confidential document; not available for viewing.
Feb. 21, 2018 CASE STATUS: Hearing Held.
Feb. 20, 2018 Respondent's Amended Witness and Exhibit List filed.
Feb. 16, 2018 Notice of Scheduling Court Reporter filed.
Feb. 14, 2018 Order Granting Motion to Amend Administrative Complaint
Feb. 13, 2018 Petitioner's Unopposed Motion to Amend Administrative Complaint filed.
Feb. 13, 2018 Petitioner's Motion to Amend Administrative Complaint filed.
Feb. 13, 2018 Petitioner's Third Amended Witness List filed.
Feb. 12, 2018 Petitioner's Amended Exhibit List filed.
Feb. 12, 2018 Respondent's Witness and Exhibit List filed.
Feb. 12, 2018 Notice of Appearance filed.
Feb. 08, 2018 Order Denying Motion to Admit Deposition Testimony.
Feb. 08, 2018 Petitioner's Second Amended Witness List filed.
Feb. 07, 2018 Order Changing Venue.
Feb. 07, 2018 Respondent's Response in Opposition to Petitioner's Motion to Admit Deposition Testimony Pursuant to Rule 1.330, Fla. R.Civ. Proc. filed.
Feb. 07, 2018 Joint Pre-hearing Statement filed.
Feb. 05, 2018 Petitioner's Motion to Change Venue and for Live Final Hearing filed.
Feb. 02, 2018 Petitioner's Motion to Admit Deposition Testimony Pursuant to Rule 1.330, Fla. R. Civ. Proc. filed.
Jan. 31, 2018 Petitioner's Exhibit List filed.
Jan. 31, 2018 Petitioner's Amended Witness List filed.
Jan. 19, 2018 Petitioner's Witness List filed.
Jan. 19, 2018 Notice of Taking of Depositions filed.
Nov. 30, 2017 Order of Pre-hearing Instructions.
Nov. 30, 2017 Notice of Hearing by Video Teleconference (hearing set for February 21, 2018; 9:30 a.m.; Orlando and Tallahassee, FL).
Nov. 30, 2017 Petitioner's Second Amended Response to Initial Order filed.
Nov. 30, 2017 Respondent's Response to Initial Order filed.
Nov. 29, 2017 Petitioner's Amended Response to Initial Order filed.
Nov. 29, 2017 Petitioner's Response to Initial Order filed.
Nov. 21, 2017 Initial Order.
Nov. 21, 2017 Notice of Appearance (Eric Lindstrom).
Nov. 21, 2017 Administrative Complaint filed.
Nov. 21, 2017 Election of Rights filed.
Nov. 21, 2017 Agency referral filed.

Orders for Case No: 17-006391PL
Issue Date Document Summary
Jun. 28, 2018 Agency Final Order
May 01, 2018 Recommended Order Child testimony did not prove charges of improper discipline by clear and convincing evidence.
Source:  Florida - Division of Administrative Hearings

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