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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs NAIDA I. VALENTIN, 09-000699PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000699PL Visitors: 24
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: NAIDA I. VALENTIN
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Feb. 11, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 20, 2009.

Latest Update: Jun. 15, 2024
O1- 06 ¢¢ PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSIO f-—— EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as STATE OF FLORIDA Commissioner of Education, Petitioner, Ys. ; CASE NO. 067-3758-T NAJIDA IL. VALENTIN, Respendent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Coniplaint against NAIDA I. VALENTIN. 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 1024820, covering the areas of Elementary Education and Foreign Language-Spanish, which is valid through June 30, 2011. 2. Atall times pertinent hereto, the Respondent was employed as an English to Speakers of Other Language Instructor at Valencia Community College School in the Orange County School District. ; MATERIAL ALLEGATIONS 3. On or about June 26, 2006, the Respondent submitted to the Department of Education an application for a Florida teaching certificate in the areas of English to Speakers of Other Languages, Foreign Language (Spanish). 4. On her application for a teaching certificate, the Respondent indicated that she had a Master’s degree from one “Rochville University” with a major in English. LE FEB - 9 2009 NAIDA I. VALENTIN Administrative Complaint Page 2 of 3 EDUCATION PRACTICES COMMISSION STATE OF FLORIDA herance of her application, the Respondent submitted a transcript from “Rochville University,” that listed multiple courses that the Respondent took, including a grade for each class, the number of credit hours for each class, and a cumulative grade point average. On this transcript, the Respondent received all A’s and B’s in these “courses,” and her purported grade point average was 3.5. : 6. Rochville University is a ‘diploma mill,” and it issues “diplomas” upon payment by the individual without meaningful academic study or courses. 7. The Respondent did not earn a Master’s Degree; rather, she paid this service $1200 to provide credentials showing conference of a master’s degree. 8. The Respondent did not attend classes listed on the purported transcript. 9. _ The Respondent intended to deceive the Department of Education by misrepresenting her credentials, and intended to thereby obtain certification or certification in additional subject areas. The Petitioner charges: ; STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: 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. RULE VIGLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 4: 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. (SIGNATURE ON FOLLOWING PAGE) EDUCATION PRACTICES COMMISSION [LE FEB -9 2009 NAIDA I. VALENTIN Administrative Complaint Page 3 of 3 STATE OF FLORIDA 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 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 td 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. re . EXECUTED on this 2 day of Doe: L208. MITH, as Commissiotef of Education State of Florida

Docket for Case No: 09-000699PL
Issue Date Proceedings
Apr. 20, 2009 Order Closing File. CASE CLOSED.
Apr. 20, 2009 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Apr. 07, 2009 Order Denying Motion to Relinquish Jurisdiction.
Apr. 06, 2009 CASE STATUS: Motion Hearing Held.
Apr. 02, 2009 Request for Admissions filed.
Apr. 02, 2009 Petitioner`s First Set of Interrogatories to Respondent filed.
Apr. 02, 2009 Request for Production filed.
Apr. 02, 2009 Petitioner`s Motion to Relinquish Jurisdiction in the Absence of Any Disputed Material Facts/Motion to Compel and Sanctions filed.
Feb. 20, 2009 Order of Pre-hearing Instructions.
Feb. 20, 2009 Notice of Hearing (hearing set for May 5, 2009; 9:00 a.m.; Orlando, FL).
Feb. 20, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Feb. 20, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Feb. 20, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Feb. 19, 2009 Unilateral Response to Initial Order filed.
Feb. 12, 2009 Initial Order.
Feb. 11, 2009 Administrative Complaint filed.
Feb. 11, 2009 Election of Rights filed.
Feb. 11, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 11, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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