Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: DAWN M. BALLARD
Judges: ERROL H. POWELL
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jan. 22, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 8, 2002.
Latest Update: Dec. 24, 2024
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TOM GALLAGHER, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 990-0988-M.
DAWN M. BALLARD,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint
against Dawn M. Ballard. 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 744536, covering the areas of
Social Science and Gifted, which is valid through June 30, 2002.
2. At all times pertinent hereto, the Respondent was employed as a Social Studies teacher
at Royal Palm Beach High School, in the Palm Beach County School District.
MATERIAL ALLE! ATI INS
3. Daring the 1998- 1999 school year, Respondent entered a sexual 1 relationship with one
of her students, P. V, Respondent had sexual intercourse with the student several times. Respondent
also cultivated Marijuana in her home, shared it with P. V. and other students and smoked the
controlled substance in his presence. Respondent also gave the answers to an examination to P.V.’s
girlfriend.
_ STATUTORY VIOLATIONS ~
COUNT 1: The allegations of misconduct set forth herein are in violation of Section
231.28(3)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving
moral turpitude.
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Dawn M. Ballard
Administrative Complaint
2 of 2
COUNT 2: The allegations of misconduct set forth herein are in violation of Section
231.28(1)(#), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal
conduct which seriously reduces her effectiveness as an employee of the schoo! board.
COUNT 3: The allegations of misconduct set forth herein are in violation of Section
231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for
the Education Profession in Florida prescribed by State Board of Education.
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 allégations 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.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a selationship with a student
for personal gain or advantage.
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all”
professional dealings.
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_ 2/& day of Ans wrt, 2000.
Commissioner of Education,
State of Florida
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Richards, Kathleen
From: Stowers, Ron
Sent: Tuesday, December 18, 2001 9:49 AM
To: Richards, Kathleen; Odom, Tamara; Stowers, Ron
Subject: RE: Cases, New Address
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all 3 of these cases are assigned to charles whitelock.
-----Original Message-----
From: Richards, Kathleen
Sent: Tuesday, December 18, 2001 8:52 AM
To: Odom, Tamara; Stowers, Ron
Cc: Richards, Kathleen
Subject: Cases, New Address
| have 3 cases with a note that they will go to DOAH but no attorney or follow-up. At your convenience please let me
know what is happening ( Nir Bronholc, Dorothy Lindsey, Dawn Ballard).
L also received another address when | sent Norman Lindebiad to DOAH. | put a copy in Ron's box.
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Docket for Case No: 02-000302PL
Issue Date |
Proceedings |
May 08, 2002 |
Order Closing File issued. CASE CLOSED.
|
May 07, 2002 |
Letter to Judge Sartin from M. Wilensky advising the hearing presently scheduled is no longer necessary. (filed via facsimile).
|
May 07, 2002 |
Renewed Motion to Relinquish Jursidiction in Abeyance of Disputed Material Facts (filed by Petitioner via facsimile).
|
May 07, 2002 |
Respondent`s Pretrial Statement (filed via facsimile).
|
May 07, 2002 |
Motion to Accept Unilateral Pretrial Statement (filed by Respondnet via facsimile).
|
May 06, 2002 |
Petitioner`s Pretrial Statement (filed by Respondent via facsimile).
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May 06, 2002 |
Petitioner`s Response to Respondent`s Motion to Strike (filed via facsimile).
|
May 03, 2002 |
Letter to C. Whitelock from M. Wilensky attempting to reschedule appointment. (filed via facsimile).
|
May 03, 2002 |
Letter to M. Wilensky from C. Whitelock advising he has reviewed both letter and motion. (filed via facsimile).
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May 03, 2002 |
Motion to Allow Telephonic Testimony (filed by Respondent via facsimile).
|
May 03, 2002 |
Letter to Mr. Whitelock from M. Wilensky advising the hearing has been reset and advising of Ms. Ballard`s availability for the deposition. (filed via facsimile).
|
May 02, 2002 |
Order Denying Motion to Relinquish Jurisdiction and Granting Motion for Extension of Time issued.
|
May 02, 2002 |
Letter to Parties from M. Wilensky requesting that hearing be rescheduled (filed via facsimile).
|
May 02, 2002 |
Respondent`s Third Motion for Protective Order (filed via facsimile).
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May 02, 2002 |
Letter to Mr. Whitelock from M. Wilensky regarding his client`s deposition. (filed via facsimile).
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May 02, 2002 |
Letter to Judge Sartin from C. Whitelock advising of availability. (filed via facsimile).
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May 02, 2002 |
Respondent`s Notice of Availability for Deposition (filed via facsimile).
|
May 01, 2002 |
Order Granting Respondent`s Second Motion for Protective Order, Denying Respondent`s Motion for Sanctions, and Denying Petitioner`s Motion to Compel issued.
|
May 01, 2002 |
Motion to Strike Witnesses and Exhibits (filed by Respondent via facsimile).
|
May 01, 2002 |
Response to Motion to Relinquish Jurisdiction (filed by Respondent via facsimile).
|
Apr. 26, 2002 |
Motion for Extension of Time to Respond to Motion to Relinquish Jurisdiction (filed by Respondent via facsimile).
|
Apr. 24, 2002 |
Reply to Respondent`s Second Motion for Protective Order and for Sanctions and Petitioner`s Motion to Compel (filed by Petitioner via facsimile).
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Apr. 19, 2002 |
Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed by Petitioner via facsimile).
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Apr. 17, 2002 |
Respondent`s Second Motion for Protective Order and for Sanctions (filed via facsimile).
|
Apr. 15, 2002 |
Response to Request to Produce (filed by Respondent via facsimile).
|
Apr. 15, 2002 |
Plaintiff`s Notice of Serving Answers to Defendant`s Interrogatories (filed via facsimile).
|
Mar. 20, 2002 |
Order Granting Extension of Time to Respond to Discovery issued.
|
Mar. 13, 2002 |
Motion for Extension of Time to Respond to Discovery Requests (filed by Respondent via facsimile).
|
Mar. 12, 2002 |
Order Granting Motion for Protective Order and Denying Sanctions issued.
|
Mar. 12, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 8, 2002; 9:30 a.m.; West Palm Beach, FL).
|
Mar. 11, 2002 |
Respondent`s Reply to Petitioner`s Response to Motion for Protective Order and for Sanctions (filed via facsimile).
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Mar. 08, 2002 |
Petitioner`s Response to Respodent`s Motion for Protective Order/ Motion for Sanctions, Motion to Withdraw ot Alternatively, to Continue (filed via facsimile).
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Mar. 07, 2002 |
Motion for Continuance of Final Hearing (filed by Petitioner via facsimile).
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Mar. 06, 2002 |
Motion for Protective Order and for Sanctions (filed by Respondent via facsimile).
|
Mar. 06, 2002 |
Motion to Withdraw as Counsel for Respondent or, Alternatively, to Continue (filed by M. Wilensky via facsimile).
|
Feb. 21, 2002 |
Order Concerning Motion for Determination of Counsel and to Reset Case issued.
|
Feb. 07, 2002 |
Motion for Determination of Counsel and to Reset Case (filed by M. Wilensky via facsimile).
|
Feb. 05, 2002 |
Order of Pre-hearing Instructions issued.
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Feb. 05, 2002 |
Notice of Hearing issued (hearing set for March 21, 2002; 10:00 a.m.; West Palm Beach, FL).
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Feb. 04, 2002 |
Notice of Appearance (filed by C. Whitelock via facsimile).
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Jan. 23, 2002 |
Initial Order issued.
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Jan. 22, 2002 |
Administrative Complaint filed.
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Jan. 22, 2002 |
Election of Rights filed.
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Jan. 22, 2002 |
Agency referral filed.
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