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JOHN WINN, AS COMMISSIONER OF EDUCATION vs PAULA JEAN CANTRELL, 07-000056PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000056PL Visitors: 14
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: PAULA JEAN CANTRELL
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Jan. 04, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 20, 2007.

Latest Update: Sep. 16, 2024
STATE OF FLORIDA D “4 EDUCATION PRACTICES COMMISSION 447 JOHN L. WINN, as Commissioner of Education, Petitioner, VS. CASE NO. 045-2543-T PAULA JEAN CANTRELL, 0 7 _ 0 (0 Slo ? CL Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against PAULA JEAN CANTREIJ.L. 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 590272, covering the areas of Educational Leadership, Elementary Education, English To Speakers Of Other Languages (ESOL), Mathematics and Middle Grades, which is valid through June 30, 2009. 2. At all times perlincnt hereto, the Respondent was employed as a Teacher at New Smymma Beach Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3. Onor about July 2, 2004, the Respondent permitted a minor male student to drive her vehicle. The Respondent was arrested and charged with Permitting an Unauthorized Minor to Drive. The Respondent cntered a plea of nolo contendere to said offense and was adjudicated by the Court tu be guilty. The Respondent was sentenced to serve six months of probation, pay fines and have no contact with the child. PAULA JEAN CANTRELL Administrative Complaint Page 2 of 3 4, On or about August 31, 2004, the Respondent was served with an Injunction For Protection, requiring that the Respondent not have contact with the same minor male student. In November 2004 the Respondent was arrested for Violation of the Injunction, Interference with Child Custody and Resisting an Officer Without Violence. The Respondent entered a plea of nolo contendere to the charge of Interference with Child Custody and the two remaining charges were dismissed. The Court withheld adjudication of guilt and sentenced the Respondent to serve two years of probation, ordered to pay court costs and ordered to have no contact with the victim, 5. On or about June 8, 2005, the Respondent was again arrested and charged with Interference with Child Custody/ Violation of Probation and Resisting an Officer Without Violence. These charges related to the Respondent's continued interaction with the same minor student. The Respondent entered a plea of nolo contendere to the charge of Interference with Child Custody and the charge of Resisting an Officer Without Violence was dismissed, The Court adjudicated the Respondent to be guilty, revoked her probation and sentenced her to serve two and one-half years in prison. 6. The Respondent engaged in inappropriate and unprofessional conduct in that she had an ongoing sexual relationship with a minor male student which continued for a period of approximately one and one-hall' years. 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 ac involving moral turpitude. COUNT 2; The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 4: — The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: = The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3 (a), Florida Administrative Cade, 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 PAULA JEAN CANTRELL Administrative Complaint Page 3 of 3 and/or physical health and/or safety. COUNT 6: = The allegations of misconduct sct forth herein arc in violation of Rule 6B- 1.006(3)(c), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. WITEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Bicction of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educatot’s certificate pursuant to the authority provided in Sections 1012,795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent's educator's certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s cerlificate for a period of time up to 10 years or permancatly; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this ° 5 iy day of , 2006, tibor JOHN 1L¥ WINN, as Comunissioner of Education State of Florida

Docket for Case No: 07-000056PL
Issue Date Proceedings
Feb. 20, 2007 Order Closing File. CASE CLOSED.
Feb. 19, 2007 Motion to Close File filed.
Feb. 01, 2007 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Jan. 23, 2007 Order of Pre-hearing Instructions.
Jan. 23, 2007 Notice of Hearing (hearing set for March 2, 2007; 10:00 a.m.; Daytona Beach, FL).
Jan. 17, 2007 Amended Joint Response to Initial Order filed.
Jan. 17, 2007 Notice of Service of Respondent`s First Set of Interrogatories to Petitioner filed.
Jan. 12, 2007 Joint Response to Initial Order filed.
Jan. 04, 2007 Administrative Complaint filed.
Jan. 04, 2007 Finding of Probable Cause filed.
Jan. 04, 2007 Election of Rights filed.
Jan. 04, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 04, 2007 Letter to P. Cantrell from J. Vetre regarding forwarding case file to the Division of Administrative Hearings filed.
Jan. 04, 2007 Agency referral filed.
Jan. 04, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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