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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs MARY J. MCELRATH, 02-001374PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001374PL Visitors: 11
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: MARY J. MCELRATH
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 Monday, July 22, 2002.

Latest Update: Jun. 15, 2024
. By f "3 - STATE OF FLORIDA oo, EA EDUCATION PRACTICES COMMISSION “< 42 _ 5 p a fff. jy 23 “ el Or CHARLIE CRIST, as ae Commissioner of Education, UE pe PE Petitioner, vs. CASE NO. 001-0300-V MARY J. MCELRATH, Respondent. ADMINISTRATIVE COMPLI AINT Petitioner, CHARLIE CRIST, as Commissioner of Hducation, files this Administrative Complaint against Mary J. McElrath. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Secticns 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 sancticns specifically set forth in Sections 231.262(6) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION - 4. Th Resp nt holds Fl a educator’s certif icate 601934, covering the areas of English, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a teacher at Miami » Jackson Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 23, 2000, Respondent battered another school employee when she sprayed mace and pepper spray into his eyes. Responden: was upset because the victim had delayed helping her get her computer set up for Internet accuss. Respondent was arrested and charged with Battery. On or about April 11, 2000 the cour withheld adjudication and placed Respondent on two years probation, community service, court costs and fees, and no association with the victim. ; : Mary J. McElrath ~ Administrative Complaint... Page 2 of 2° STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set “orth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has bzen guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set ‘orth herein are in violation of Section 231.2615(1)(f), Florida Statutes, in that Respondent, upor 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 231.2615(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(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. 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 teachin: certificate, or combination thereof, for _ the reasons set forth herein, and in accordance with the L'xplanation and Election of Rights forms ~ which are attached hereto. and made a part hereof by re“erence. EXECUTED on this / day of : heb , , 2001. CHARLIE CRIST, as Commissioner of Education, — State of Florida Richards, Kathleen From: . Sent: To: Subject: Importance: kr- Lite mneiinN ii Reine Stowers, Ron Wednesday, March 27, 2002 9:56 AM ; - Richards, Kathleen; Odom, Tamara; Stowers, ion whitelock formals Se High charles whitelock has requested the following 23 cases be sent to doah for iormal hearing. chuck will be representing the department in these cases. you do not have to send all of them at once anc it is Ok to streach out their delivery to doah over the next 2 to 3 weeks. thanx. robert alonso genear brown isabelle camille donovan collins robert cooper ivy dominguez gloria forbes ellen goldberg charles harris monica hernandez henry hill sharon horn terrance jett steven kaye gretchen marsh mary mcelrath andrew petter charles redler _ harry rolle lynne rushing eric stephens devon son reginald white

Docket for Case No: 02-001374PL
Issue Date Proceedings
Jul. 22, 2002 Order Closing File issued. CASE CLOSED.
Jul. 18, 2002 Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed via facsimile).
Jul. 16, 2002 Petitioner`s Motion to Compel/Motion for Sanctions and Motion to Continue (filed via facsimile).
May 06, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 29 and 30, 2002; 9:30 a.m.; Miami, FL).
May 01, 2002 Respondent`s Unopposed Motion for Continuance of Hearing (filed via facsimile).
Apr. 19, 2002 Order of Pre-hearing Instructions issued.
Apr. 19, 2002 Notice of Hearing issued (hearing set for June 6 and 7, 2002; 9:30 a.m.; Miami, FL).
Apr. 15, 2002 Notice of Appearance (filed by Petitioner via facsimile).
Apr. 15, 2002 Response to Initial Order (filed by Petitioner via facsimile).
Apr. 05, 2002 Administrative Complaint filed.
Apr. 05, 2002 Election of Rights filed.
Apr. 05, 2002 Agency referral filed.
Apr. 05, 2002 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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