Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: IVY K. DOMINGUEZ
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 05, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 5, 2002.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA Q2 2 fe fo
EDUCATION PRACTICES COMMISSION FR 5 »,
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CHARLIE CRIST, as RA Piss
Commissioner of Education, igg °F
Petitioner,
vs. . CASE NO. 001-0628-V
IVY K. DOMINGUEZ,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative
Complaint against Ivy K, Dominguez. The Petitioner seeks the appropriate disciplinary sanction
of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
. 1. The Respondent holds Florida educator’s certificate 441764, covering the areas of
elementary education, mentally handicapped education, and physically handicapped education,
- which is valid through June 30, 2003.
2. At all times pertinent hereto, the Respondent was employed as an exceptional
student education teacher at Homestead Senior High School, in the Miami-Dade County Schoo!
District.
Ivy K. Dominguez
Administrative Complaint ..
Page 2 of 3 ©
TERIAL ALLEGATIONS
3. During the 2000-2001 school year, Respondent acted inappropriately by striking
students with rulers , folders, slapping students on the arm and in the face, and using offensive
language. Respondent failed to maintain order in her class and «lowed students to leave her class
without permission and without reporting their absences appropriately to school authorities.
4. On or about September 21, 2000, was in possession of a controlled substance
Marijuana. Respondent was tested in a “Reasonable suspicion drug screen” and was found to have
recently used marijuana. ‘
STATUTORY VIOLATION:
COUNT 1: The allegations of misconduct set forth ‘1erein 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 ‘1erein are in violation of Section
231.2615(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 aerein 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 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 fas intentionally exposed a student
to unnecessary embarrassment or disparagement.
oe —
Ivy K. Dominguez
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 certilicate, 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 / day of feb : __, 2001.
CEARLIE CRIST, as
Co nmissioner of Education,
State of Florida
sre
Docket for Case No: 02-001366PL
Issue Date |
Proceedings |
Oct. 17, 2002 |
Motion to Reopen Case (DOAH Case No. 02-4364PL established) filed by Petitioner via facsimile.
|
Jul. 05, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 03, 2002 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed via facsimile).
|
Jun. 27, 2002 |
Order Denying Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts issued.
|
Jun. 13, 2002 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts (filed by Petitioner via facsimile).
|
May 29, 2002 |
Notice of Hearing issued (hearing set for July 10 and 11, 2002; 9:30 a.m.; Miami, FL).
|
May 21, 2002 |
(Joint) Response to Order Dated May 8, 2002 (filed via facsimile).
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May 21, 2002 |
Order Granting Continuance issued (parties to advise status by May 31, 2002).
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May 08, 2002 |
Order issued. (on or before May 17, 2002, petitioner may suggest any date or dates during the period of time between the date of this order and the end of July 2002 agreeable to petitioner and the appropriate respondents)
|
May 02, 2002 |
Petitioner`s Motion for Continuance of Final Hearing (filed via facsimile).
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Apr. 19, 2002 |
Order of Pre-hearing Instructions issued.
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Apr. 19, 2002 |
Notice of Hearing issued (hearing set for May 29 and 30, 2002; 9:30 a.m.; Miami, FL).
|
Apr. 15, 2002 |
Letter to Judge Smith from D. Pollack advising of non-representation of respondent filed.
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Apr. 12, 2002 |
Notice of Appearance (filed by C. Whitelock via facsimile).
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Apr. 12, 2002 |
(Joint) Response to Initial Order (filed via facsimile).
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Apr. 05, 2002 |
Administrative Complaint filed.
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Apr. 05, 2002 |
Election of Rights filed.
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Apr. 05, 2002 |
Agency referral filed.
|
Apr. 05, 2002 |
Initial Order issued.
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