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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs ROSEMARY GEIER-SCALZO, 02-000962PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000962PL Visitors: 14
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: ROSEMARY GEIER-SCALZO
Judges: T. KENT WETHERELL, II
Agency: Department of Education
Locations: Clearwater, Florida
Filed: Mar. 07, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 22, 2002.

Latest Update: Jun. 01, 2024
Ge MON I Rll i Rl STATE OF FLORIDA ne EDUCATION PRACTICES Comnnssid- ~7 4 AYN), "O93 - CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-0685-C ROSEMARY GEIER-SCALZO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Rosemary L. Geier-Scalzo. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, Florida Statutés, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 749409, covering the area of Spanish, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was 1s employed a asa Spanish “Teacher Kennedy Middle School in the Pinellas County School District. ° Fh MO A a Me lll i cl il il bi i, Rosemary L. Geier-Scalzo ‘Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. During September 2000, Respondent directed students in her class to visit an internet site and vote for her submission of a song. Respondent told the students that the winner could be famous and could earn a contract with a record label. During the same month, Respondent also advised her students to visit another web site with pictures of teachers and to-vote for her in the Hot for Teacher Contest, sponsored by a local radio station. The prize was $1,000. This site had inappropriate content for students, including at least one scantily clad woman and links to such sites as “Playboy.” The site also asked the question, “Did you ever have a teacher YOU want to have sex with?” with several responses. Neither of these activities was curriculum related. On or about November 7, 2000, Respondent was suspended without pay by the Pinellas County School District for three days, November 8 - 10, 2000. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(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. RULE VIOLATIONS COUNT 3: 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 4: 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. : : eo dani ai ll i i i cain ll he cli ll ls ll ald ak Rosemary L. Geier-Scalzo Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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 27 dayof_ Wu Wy , 2001. Commissioner of Education, harlie Crist, as State of Florida

Docket for Case No: 02-000962PL
Issue Date Proceedings
Apr. 22, 2002 Notice of Taking Deposition, M. Andress filed.
Apr. 22, 2002 Order Closing File issued. CASE CLOSED.
Apr. 19, 2002 Motion to Cancel Hearing (filed by Petitioner via facsimile).
Apr. 11, 2002 Petitioner`s Notice of Deposition (2), F. Scalzo, R. Geier-Scalzo (filed via facsimile).
Apr. 11, 2002 Notice of Taking Depositions (4), J. King, M. Erickson, L. Frey, M. Andress filed.
Mar. 29, 2002 Respondent`s Request for Production of Documents filed.
Mar. 29, 2002 Notice of Service of Interrogatories filed by R. McKee
Mar. 18, 2002 Notice of Hearing issued (hearing set for May 3, 2002; 9:00 a.m.; Clearwater, FL).
Mar. 18, 2002 Order of Pre-hearing Instructions issued.
Mar. 12, 2002 Letter to Judge Kirkland from B. Taylor requesting subpoenas (filed via facsimile).
Mar. 12, 2002 Response to Initial Order (filed by Petitioner via facsimile).
Mar. 12, 2002 Notice of Appearance (filed by B. Taylor via facsimile).
Mar. 08, 2002 Initial Order issued.
Mar. 07, 2002 Administrative Complaint filed.
Mar. 07, 2002 Election of Rights filed.
Mar. 07, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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