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JOHN WINN, AS COMMISSIONER OF EDUCATION vs CELESTINE BAKER, 07-001591PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001591PL Visitors: 8
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: CELESTINE BAKER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Pierce, Florida
Filed: Apr. 06, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 19, 2007.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA = EDUCATION PRACTICES COMMISSION = omme ' 4 o mm JOHN L. WINN, as > =J Comumnissioner of Education, = : ca Petitioner, ~ VS. CASE NO, 012-1832-M. CELESTINE J. BAKER, -7 OT-ISI PL Respondent. ADMINISTRATIVE COMPLAINT | Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against CELESTINE J. BAKFR. ‘The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’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 !012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTI 1. The Respondent holds Florida Educator’s Certificate 745868, covering the area of Hospital/ Homebound, which is valid through June 30, 2007. 2. At all times pertinent hercto, the Respondent was employed as a/an Emotionally Handicapped Teacher at Westwood High School in the St. Lucie County Schoo! District. ATERIAL ALLEGATIONS 3. During the 2000-2001 schoo! year, Respondent failed to comply with schoo! board policy relating to the provision of hospital/homcbound services to students. Respondent submitted completed hospital/homebound service logs and related travel reimbursement forms on which she knowingly made false representations with the intent to defraud the school board concerning services she in fact did not provide to students S.S. and J.A. Respondent’s false representations included claiming hours of service to the students which she in fact did not perform and signing or causing to be signed parent signatures on the service lugs without authorization. As a result of Respondent's false representations, the schoo! board paid Respondent over $900.00, which CELESTINE J. BAKER Administrative Complaint Page 2 of 3 Respondent was not entitled to receive. Additionally, Respondent requested that student, 8.S., support her assertion that services were provided as indicated on the service logs if $.S. were contacted by the school board, when Respondent knew that all services were not provided as indicated. Effective July 1, 2002, the school board terminated Respondent from her position. 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. COUNT2: The Respondent is in violation of Section 1012.795(1)(f), 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNTS: ‘The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4\(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNTS: The Respondent is in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this CELESTINE J. BAKER Administrative Complaint Page 3 of 3 Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s cducator’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 timited 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 timc not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an cducator’s certificate for a period of time up to !0 years or permanently. ye EXECUTED on this _ 7 day of N ovembs+ , 2005, [boil ther JOHN L.OWINN, as Commissioner of Education State of Florida

Docket for Case No: 07-001591PL
Issue Date Proceedings
Sep. 19, 2007 Order Closing File. CASE CLOSED.
Sep. 19, 2007 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Aug. 07, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 16 and 17, 2007; 9:30 a.m.; Fort Pierce, FL).
Aug. 06, 2007 Motion for Continuance of September 25-26, 2007 Hearing filed.
Jul. 26, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 25 and 26, 2007; 9:30 a.m.; Fort Pierce, FL).
Jul. 24, 2007 Petitioner`s Motion for Continuance of Final Hearing filed.
Jul. 06, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 30, 2007; 9:30 a.m.; Fort Pierce, FL).
Jul. 02, 2007 Motion for Continuance of July 11,2007 Hearing filed.
Jul. 02, 2007 Notice of Appearance (filed by F. Ford).
Jun. 25, 2007 Petitioner`s Motion to Compel filed.
Jun. 11, 2007 Order Granting Motion to Withdraw as Counsel and Denying Motion to Continue.
Jun. 07, 2007 Petitioner`s Response to Respondent`s Motion to Withdraw as Counsel and Motion to Continue Hearing filed.
Jun. 06, 2007 Motion to Withdraw as Counsel and Motion to Continue Hearing filed.
Jun. 06, 2007 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jun. 06, 2007 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Jun. 06, 2007 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jun. 05, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 11, 2007; 9:00 a.m.; Fort Pierce, FL).
May 07, 2007 Petitioner`s Motion for Continuance of Final Hearing filed.
Apr. 27, 2007 Order of Pre-hearing Instructions.
Apr. 27, 2007 Notice of Hearing (hearing set for June 19, 2007; 9:30 a.m.; Fort Pierce, FL).
Apr. 18, 2007 Notice of Substitution of Counsel (filed by M. Herdman).
Apr. 06, 2007 Administrative Complaint filed.
Apr. 06, 2007 Finding of Probable Cause filed.
Apr. 06, 2007 Election of Rights filed.
Apr. 06, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Apr. 06, 2007 Agency referral filed.
Apr. 06, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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