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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs DAWN M. BALLARD, 02-000302PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000302PL Visitors: 26
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: Nov. 17, 2024
ebb ae kl ie sei. STATE OF FLORIDA a ee] EDUCATION PRACTICES COMMISSION®2 | Jiyy >> 2 Py 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. cere cme ee rom pmpr rors eer or 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 foeowrrm rr omy Sat om gerpp t foggy oc eter cere Berens aan er ad 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 kr-- 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. Se ape eagap pe compe eee SO IR ENE RINE Er reer ii ie Se a ene ate ae ne OTE [cOC PRT RET ee RNR ERT TET ae eee eee

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).
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).
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).
May 02, 2002 Letter to Mr. Whitelock from M. Wilensky regarding his client`s deposition. (filed via facsimile).
May 02, 2002 Letter to Judge Sartin from C. Whitelock advising of availability. (filed via facsimile).
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).
Apr. 19, 2002 Motion to Relinquish Jurisdiction in Absence of Disputed Material Facts (filed by Petitioner via facsimile).
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).
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).
Mar. 07, 2002 Motion for Continuance of Final Hearing (filed by Petitioner via facsimile).
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.
Feb. 05, 2002 Notice of Hearing issued (hearing set for March 21, 2002; 10:00 a.m.; West Palm Beach, FL).
Feb. 04, 2002 Notice of Appearance (filed by C. Whitelock via facsimile).
Jan. 23, 2002 Initial Order issued.
Jan. 22, 2002 Administrative Complaint filed.
Jan. 22, 2002 Election of Rights filed.
Jan. 22, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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