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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs CAROL A. HOSKINS, 03-000561PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000561PL Visitors: 10
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: CAROL A. HOSKINS
Judges: ROBERT E. MEALE
Agency: Department of Education
Locations: Orlando, Florida
Filed: Feb. 18, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 16, 2003.

Latest Update: Jul. 02, 2024
STATE OF FLORIDA fm ft fos EDUCATION PRACTICES COMMISSION OF Fp “hy /) 18 CHARLIE CRIST, as Dy PH 2:00 Commissioner of Education, ADK 0H he BA atte 7 VE Petitioner, eG vs. : CASE NO. 012-0289-M 0 O56) PL CAROL A. HOSKINS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against CAROL A. HOSKINS. 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-1.001, Florida Administrative Code, Code of Ethics of the Education Profession in Florida, and 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(7) and 231.2615(1), Florida Statutes. The Petitioner alicges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 533437, covering the areas of Administration and Supervision, Early Childhood Education and Elementary Education, which is valid through June 30, 2005. 2 At all times pertinent hereto, the Respondent was employed as a Second Grade teacher at Lockhart Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about May 12, 1999, the Respondent behaved inappropriately with a colleague, Edward Smith. She shoved him during a disagreement. On or about April 12, 2000, she entered into a Settlement Agreement with the school board, conditions of which were that she would: 1) receive a letter of reprimand; 2) participate in the Employee Assistance Program; 3) be transferred to another school; and 4) agree that any additional acts of unlawful physical conduct would be grounds for dismissal. On or about September 5, 2000, the Manager of Employee Relations for the district issued the letter of reprimand for this incident. CAROL A. HOSKINS Administrative Complaint Page 2 of 3 4. On or about February 15, 2001, the Respondent inappropriately disciplined R.L., a male student in elementary school. She slapped or hit R.L. on his arm, slapped or hit him on his leg and/or pushed him. This caused R.L. to cry. As a result of the incident, R.L.’s parents asked that he be removed from the Respondent’s class for the remainder of the year. On or about March 15, 2001, the Respondent’s principal issued her a letter of reprimand for her inappropriate behavior. 5. On or about March 21, 2001, the Respondent inappropriately disciplined B.P., a female student in elementary school. She forcibly grabbed B.P. by the arm, pulled her hands behind her back and/or removed her from class by pulling her by the arm and/or by picking her up and carrying her out. During this time, the Respondent was also yelling at B.P. As a result of this and other incidents, B.P.’s parents requested that B.P. be removed from the Respondent’s class. 6. On or about March 23, 2001, the Respondent also failed to supervise B.P. and/or failed to ensure that B.P. would be under the supervision of another. After removing B.P. from class, the Respondent took her to the office and/or left her sitting unsupervised on a bench in the office. . The Respondent failed to write a discipline referral for her as prescribed, which resulted in no plan * for supervision or intervention being devised and which resulted in B.P.’s remaining unsupervised. On or about May 4, 2001, the Manager of Employee Relations for the district placed the Respondent on Relief of Duty status with pay. On or about May 23, 2001, he changed her Relief of Duty status to “without pay.” 7. Between the beginning of the 2000-2001 school year and April 24, 2001, inclusive, 3 of the Respondent’s students (approximately 10%) had been reassigned to other classrooms at the request of their parents and/or district level personnel. 8. On or about January 22, 2002, the Respondent entered into a Mediated Settlement Agreement with the district, conditions of which were that the district would pay her $14,999.00 and she would resign from the district effective January 22, 2002. 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 aci involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein 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. CAROL A. HOSKINS Administrative Complaint Page 3 of 3 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 the State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(2), Florida Administrative Code, in that Respondent has failed to have her primary professional concern always be for the student and for the development of the student's potential and has failed to seek to exercise the best judgment and integrity. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.001(3), Florida Administrative Code, in the Respondent has failed to be aware of the importance of maintaining the respect and confidence of her colleagues, of students, of parents and of other members of the community and that Respondent has failed to achieve and sustain the highest degree . of ethical conduct. COUNT 6: 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 leaning and/or to the student’s mental health and/or physical and/or safety. COUNT 7: 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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_ 2 7_ day of. Sept oR as) ber , 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000561PL
Issue Date Proceedings
Jun. 30, 2003 Subpoena ad Testificandum (16), E. Smith, E. Tan, D. Shearer, G. Allen, C. Russ, D. Hamm, A. Storms, B. Dodrill, D. Schmidt, S. Bagarella, S. Poteat, C. Upson, Mrs. R. Lawrence, R. Lawrence (2), S. Smith filed.
Jun. 30, 2003 Return of Service filed.
Jun. 30, 2003 Affidavit of Service (15) filed.
Jun. 30, 2003 Notice of Filing, Affidavits filed.
Jun. 23, 2003 Subpoena ad Testificandum (11), G. Alexander, D. Smith, S. Bagarella, J. Schennum, S. Davis, S. LaGarde, Dr. J. Keeley, J. Ashburn, J. Betsinger, S. Poteat filed.
Jun. 23, 2003 Affidavit of Service (11) filed.
Jun. 23, 2003 Notice of Filing (Affidavits) filed.
Jun. 16, 2003 Order Closing File. CASE CLOSED.
Jun. 16, 2003 Notice of Settlement (filed by K. Holbrook via facsimile).
Jun. 13, 2003 Order on Motions for Protective Orders. (Respondent`s motion for protective order filed May 23, 2003, is denied, Petitioner`s emergency order for protective order filed on May 28, 2003 is denied; Petitioner`s renewed emergency motion for protective order filed on June 9, 2003, is denied)
Jun. 11, 2003 Letter to Judge Kirkland from M. Rodriguez requesting subpoenas (filed via facsimile).
Jun. 10, 2003 Joint Pre-Hearing Stipulation (filed via facsimile).
Jun. 09, 2003 Renewed Emergency Motion for Protective Order (filed by Petitioner via facsimile).
Jun. 06, 2003 Notice of Cancellation of Depositions, J. Betsinger, S. Poteat, S. Bagarella, D. Smith, S. LaGarde, Dr. J. Keeley, S. Smith, S. Davis, J. Ashburn, J. Schennum, C.D. (minor) (filed via facsimile).
Jun. 03, 2003 Respondent`s Witness List (filed via facsimile).
May 29, 2003 Emergency Motion for Protective Order (filed by Petitioner via facsimile).
May 28, 2003 Response to Respondent`s Motion for Protective Order (filed by Petitioner via facsimile).
May 23, 2003 Motion for Protective Order (filed by Respondent via facsimile).
May 22, 2003 Letter to Judge Kirkland from M. Rodriguez requesting subpoenas (filed via facsimile).
May 21, 2003 Notice of Taking Depositions, J. Betsinger, S. Poteat, S. Bagarella, D. Smith, S. LaGarde, Dr. J. Keeley, S. Smith, S. Davis, J. Ashburn, J. Schennum, C.D. (filed via facsimile).
May 19, 2003 Petitioner`s Notice of Serving Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
May 16, 2003 Notice of Taking Deposition Duces Tecum, Records Custodian Seminole County School Board filed.
May 16, 2003 Subpoena ad Testificandum (17), Records Custodian Seminole County School Board, D. Shearer, E. Newton, R. Lawrence, D. Ping, R. Lawrence, A. Storms, D. Hamm (Moss), G. Allen, C. Upson, D. Schmidt, B. Dodrill, C. Laroe, E. Smith, R. Blocker, G. Alexander, C. Russ filed.
May 16, 2003 Subpoena Duces Tecum (2), Records Custodian Seminole County School Board, Records Custodian Osceola County School Board filed.
May 16, 2003 Affidavit of Service (21) filed.
May 16, 2003 Notice of Filing filed by Petitioner.
Apr. 23, 2003 Order on Pending Motions issued. (Petitioner`s motion to exclude evidence at final hearing is denied, Respondent`s motion for protective order is denied, Respondent`s motion to compel discovery is granted in part and denied in part, the motion to compel the request to produce is denied)
Apr. 22, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 17 through 20, 2003; 9:00 a.m.; Orlando, FL).
Apr. 21, 2003 Motion for Protective Order (filed by Respondent via facsimile).
Apr. 18, 2003 Notice of Cancellation of Deposition (filed by Petitioner via facsimile).
Apr. 18, 2003 Petitioner`s Amended Pre-Hearing Stipulation (filed via facsimile).
Apr. 18, 2003 Motion to Compel Discovery filed by Respondent.
Apr. 16, 2003 Respondent`s Answers to Petitioner`s Request for Admissions (filed via facsimile).
Apr. 16, 2003 Subpoena Duces Tecum (2), Records Custodian Osceola County School Board, Seminole County School Board filed via facsimile.
Apr. 16, 2003 Notice of Taking Deposition Duces Tecum (2), Records Custodian Osceola County School Board, Records Custodian Seminole County School Board (filed by Petitioner via facsimile).
Apr. 16, 2003 Motion for Continuance of Hearing and Enlargment of Time to File Parties Pre-Hearing Statement (filed by Respondent via facsimile).
Apr. 16, 2003 Petitioner`s Prehearing Stipulation (filed via facsimile).
Apr. 16, 2003 Motion to Exclude Evidence at Final Hearing (filed by Petitioner via facsimile).
Apr. 09, 2003 Subpoena Duces Tecum, Records Custodian Orange County School Board filed via facsimile.
Apr. 09, 2003 Affidavit of Service (filed via facsimile).
Apr. 09, 2003 Notice of Filing (filed by Petitioner via facsimile).
Apr. 08, 2003 Letter to Judge Kirkland from M. Rodriguez requesting subpoenas (filed via facsimile).
Apr. 07, 2003 Second Amended Notice of Taking Deposition, C. Hoskins (filed by Petitioner via facsimile).
Apr. 02, 2003 Petitioner`s Notice of Serving Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
Apr. 02, 2003 Response to Respondent`s First Request for Production of Documents (filed by Petitioner via facsimile).
Mar. 28, 2003 Amended Notice of Taking Deposition, C. Hoskins (filed via facsimile).
Mar. 27, 2003 Notice of Taking Deposition, C. Hoskins (filed by Petitioner via facsimile).
Mar. 27, 2003 Subpoena ad Testificandum, J. Teune filed via facsimile.
Mar. 27, 2003 Notice of Taking Video Deposition, J. Teune (filed by Petitioner via facsimile).
Mar. 26, 2003 Subpoena Duces Tecum, Records Custodian Orange County School Board filed via facsimile.
Mar. 26, 2003 Notice of Taking Deposition Duces Tecum, Records Custodian Orange County School Board (filed by Petitioner via facsimile).
Mar. 12, 2003 Order Granting Petitioner`s Motion to Amend the Administrative Complaint issued.
Mar. 05, 2003 Subpoena Duces Tecum, Orange County School Board Records Custodian filed via facsimile.
Mar. 05, 2003 Notice of Production from Non-Party (filed by M. Barber via facsimile).
Mar. 04, 2003 Notice of Hearing issued (hearing set for April 23 and 24, 2003; 9:00 a.m.; Orlando, FL).
Mar. 04, 2003 Order of Pre-hearing Instructions issued.
Feb. 26, 2003 Notice of Appearance (filed by M. Barber via facsimile).
Feb. 26, 2003 Joint Response to Initial Order (filed via facsimile).
Feb. 26, 2003 First Request for Production of Documents (filed by Petitioner via facsimile).
Feb. 26, 2003 Petitioner`s Request for Admissions (filed via facsimile).
Feb. 26, 2003 Notice of Service (filed by Petitioner via facsimile).
Feb. 26, 2003 Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
Feb. 19, 2003 Initial Order issued.
Feb. 18, 2003 Election of Rights filed.
Feb. 18, 2003 Administrative Complaint filed.
Feb. 18, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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