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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs MARY GREEN, 00-004821PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004821PL Visitors: 86
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: MARY GREEN
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Dec. 04, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 23, 2001.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA Gp", , EDUCATION PRACTICES COMMISSION car MeN TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-2729-C MARY GREEN, O)- ALP. y, J JL Respondent. / AD TRATIVE COMP Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Mary Green. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 173120, covering the areas of Driver Education, Physical Education and Administration and Supervision, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at First Coast High School, in the Duval County School District. T LAL N 3. During the months of July and August during September 1998, Respondent was aware of an incident in which a coach at the First Coast High School fondled and attempted to have sex with a minor female student L.C. Respondent failed to report the incident as required by school board policy, and his duty as an administrator of the school. On or about April 5, 1999, Respondent received a letter of reprimand and was suspended ten days without pay and had her contract reduced to a probationary status. Mary Green Administrative Complaint 2 of 2 T RY COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), 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 safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ; WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this_1¢ 7 dayof__O Lh , 2000. State of Florida

Docket for Case No: 00-004821PL
Issue Date Proceedings
Feb. 23, 2001 Order Closing File issued. CASE CLOSED.
Feb. 23, 2001 Motion to Hold Case in Abeyance (filed via facsimile).
Feb. 20, 2001 Order issued (the unopposed motion by R. Greene, Esquire, to participate in a deposition by telephone is granted).
Feb. 19, 2001 Respondent`s Witness List filed.
Feb. 19, 2001 Response to First Request for Admissions filed.
Feb. 19, 2001 Amended Petitioner`s Witness List (filed via facsimile).
Feb. 19, 2001 Petitioner`s Witness List (filed via facsimile).
Feb. 16, 2001 Order issued (Respondent`s responses to Petitioner`s requests for admissions shall be made by February 20, 2001).
Feb. 16, 2001 Attorney`s Motion to Appear by Telephone (filed by R. Greene via facsimile).
Feb. 15, 2001 Motion to Expedite Discovery, Petitioner`s First Request for Admissions filed by Petitioner
Feb. 14, 2001 Order issued (Petitioner`s unopposed motion to present the deposition testimony of G. Fletcher in lieu of his appearance at hearing is granted).
Feb. 13, 2001 Motion to Take Deposition in Lieu of Live Testimony (filed by Ron Weaver via facsimile).
Dec. 19, 2000 Notice of Appearance (filed by R. Weaver).
Dec. 18, 2000 Order of Pre-hearing Instructions issued.
Dec. 18, 2000 Notice of Hearing issued (hearing set for February 27, 2001; 10:00 a.m.; Jacksonville, FL).
Dec. 05, 2000 Initial Order issued.
Dec. 04, 2000 Memorandum to R. Weaver from C. Schneider re: assignment of case filed.
Dec. 04, 2000 Memorandum to K. Richards from C. Schneider re: appearance of R. Weaver as counsel filed.
Dec. 04, 2000 Denials of allegations filed.
Dec. 04, 2000 Letter to M. Green from T. Gallagher re: probable cause filed.
Dec. 04, 2000 Election of Rights filed.
Dec. 04, 2000 Administrative Complaint filed.
Dec. 04, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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