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JOHN WINN, AS COMMISSIONER OF EDUCATION vs THALIA HODGE, 05-004325PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004325PL Visitors: 59
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: THALIA HODGE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Stuart, Florida
Filed: Nov. 23, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 4, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA , EDUCATION PRACTICES COMMISSION OSNOW IS AMET: 14 JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2094M w, ¢ THALIA HODGE, Poo & R dent. 4 esponden Sy ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against THALIA HODGE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 286684, covering the areas of Elementary Education and English to Speakers of Other Languages, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a First Grade Teacher at Port Salerno Elementary School in the Martin County School District. MATERIAL ALLEGATIONS 3. On or about December 18, 1989, the school superintendent issued Respondent a letter of caution for using improper classroom management techniques, specifically hitting children on the back or arms. On or about December 21, 1989, the Commissioner of Education found no probable cause to sanction Respondent’s Florida Educator’s Certificate. 4, On or about June 7, 1993, the school superintendent issued Respondent a letter of THALIA HODGE - Administrative Complaint Page 2 of 3 reprimand for using “desk tilting” and “chair pulling” as disciplinary measures, using an adjoining office to place students in time out, and leaving her class unattended to attend to personal needs. Prior to the issuance of this letter, student and parent complaints had prompted a district investigation, as well as an investigation by the Department of Children and Families for possible * child abuse. 5. On or about May 5, 1999, Respondent tapped a student on the bottom to get her to sit in her chair, On or about May 7, 1999, the assistant principal issued Respondent a letter of reprimand, stating that she was not to touch or physically reprimand students in any way. 6. On or about January 7, 2002, the school principal issued Respondent a letter of reprimand for inappropriate discipline and classroom management, including: telling a child that he needed a bib and pacifier, causing the other students to laugh at him; speaking negatively to students in front of the class and rarely praising students; yelling at the class; sharing comments about other students and parents, as well as other teachers and the principal, with a parent; and speaking negatively about the caliber of students at the school to parents. 7. On or about November 15, 2002, Respondent kept her class from recess because of misbehavior at lunch, and made all students place their heads on their desks. When J.T., a seven- year-old male student, did not comply quickly enough, Respondent pushed J.T.’s head down on his desk, causing bruising on his cheek. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT?2: The Respondent is in violation of Section 1012.795(1)(8), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. 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 health and/or safety. THALIA HODGE Administrative Complaint Page 3 of 3 COUNTS: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 22 dayof_ uly 2005. ee Commissioner of Education State of Florida

Docket for Case No: 05-004325PL
Issue Date Proceedings
Jan. 04, 2006 Order Closing File. CASE CLOSED.
Jan. 03, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Dec. 13, 2005 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Dec. 13, 2005 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Dec. 13, 2005 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Dec. 08, 2005 Order of Pre-hearing Instructions.
Dec. 08, 2005 Notice of Hearing (hearing set for February 16 and 17, 2006; 9:30 a.m.; Stuart, FL).
Dec. 08, 2005 Notice of Appearance filed.
Nov. 28, 2005 Initial Order.
Nov. 23, 2005 Finding of Probable Cause filed.
Nov. 23, 2005 Administrative Complaint filed.
Nov. 23, 2005 Election of Rights filed.
Nov. 23, 2005 Notice of Appearance, Requesting a Hearing.
Nov. 23, 2005 Letter to T. Hodge from J. Rittenhouse regarding forwarding case to DOAH filed.
Nov. 23, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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