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.
|