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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs JOANN YOUNG, 08-006424PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006424PL Visitors: 10
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: JOANN YOUNG
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Dec. 29, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 26, 2009.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA FED EDUCATION PRACTICES COMMISSION OKs 7 PL 008 APR I 2y JOHN L. WINN, as oly VISION OF Commissioner of Education, AOMINIST RA Al WE REARING Petitioner, vs. CASE NO. 045-3336-B JOANN YOUNG, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JOANN YOUNG. 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 sct forth in Sections 1012.795(t) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURIS I 1. The Respondent holds Florida Educator’s Certificate 436446, covering the area of Art, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as an Art Teacher at Key Biscayne K-8 Center in the Miami-Dade County School District. MATERIAL EGATIONS 3. During the 2005 school year, and in previous years, Respondent intimidated, humiliated and embarrassed elementary and middle school students in her art classes on a regular basis. Respondent yelled excessively during her classes and habitually singled out individual students for harassment in front of the class. Respondent’s actions resulted in the following: A. Multiple students were removed from her class by their parents. B. Numerous parents reported that their children, even those who loved school, JOANN YOUNG Administrative Complaint Page 2 of 3 would not want to attend on days that they had Respondent's class. Cc. Respondent’s principal received a barrage of letters and electronic mail over the internet fram concerned parents regarding Respondent’s classroom behavior. D. A petition was generated and signed by forty two parents, demanding Respondent’s removal. E. On or about June 2, 2005, Respondent was issued a letter of reprimand by her principal with regard to her treatment of students and her demeanor in the classroom. Additionally, Respondent was issued a set of directives and referred to the Employee Assistance Program. The Petitioner charges: STA’ E V1i0. IONS 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 Scction 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. Ri LATIONS COUNT 3: The allegations of misconduct set forth hercin are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failcd 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. COUNT 4: _ 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. (SIGNATURE ON FOLLOWING PAGE) JOANN YOUNG Administrative Complaint Page 3 of 3 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 Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator'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 includc, 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 certificate for a period of time up to 10 years or permanently; 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 2. day of (dDctober , 2006. eLeCe Commissioner of Education State of Florida

Docket for Case No: 08-006424PL
Issue Date Proceedings
Feb. 26, 2009 Order Closing File. CASE CLOSED.
Feb. 26, 2009 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Feb. 13, 2009 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Jan. 27, 2009 Notice of Serving First Request for Production of Documents to Petitioner filed.
Jan. 27, 2009 Notice of Serving Interrogatories to Petitioner filed.
Jan. 09, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 09, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 09, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Jan. 07, 2009 Order Directing Filing of Exhibits
Jan. 07, 2009 Order of Pre-hearing Instructions.
Jan. 07, 2009 Notice of Hearing by Video Teleconference (hearing set for March 10 and 11, 2009; 9:30 a.m.; Miami and Tallahassee, FL).
Jan. 06, 2009 Joint Response to Initial Order filed.
Dec. 29, 2008 Initial Order.
Dec. 10, 2008 Motion to Reopen Case filed. (FORMERLY DOAH CASE NO. 08-1957PL)
Apr. 17, 2008 Administrative Complaint filed.
Apr. 17, 2008 Election of Rights filed.
Apr. 17, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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