Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: KAREN J. HAMILTON
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Mar. 27, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 11, 2009.
Latest Update: Nov. 05, 2024
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STATE OF FLORIDA & ioe:
EDUCATION PRACTICES COMMISSION «| 62 f}
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DR. ERIC J. SMITH, as On i) 4S f anl¥isip B43
Commissioner of Education, “Wf iy Th oF
“Arie lve
Petitioner,
vs. CASE NO. 056-3769-A
KAREN J. HAMILTON,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against KAREN J. HAMILTON. 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 295714, covering the areas of
Early Childhood Education and Elementary Education, which is valid through June 30, 2012.
2. At all times pertinent hereto, the Respondent was employed as a Resource Teacher
at Lakeville Elementary School in the Orange County School District.
MATERIAL ALLEGATIONS
3. Respondent has a history of discipline by the district for inappropriate comments to
students and inappropriate discipline of students. The district issued directives and/or letters of
reprimand to Respondent regarding these issues on or about the following dates: January 7, 2000,
December 1, 2000, January 2, 2001, September 26, 2003, December 4, 2003, February 10, 2005 and
September 20, 2005.
KAREN J. HAMILTON
Administrative Complaint
Page 2 of 3
4. On or about April 3, 2006, Respondent became angry with E.R., a six-year-old, male
student. Respondent instructed E.R. to stand while she hit him with a plastic bowl. On or about
May 24, 2006, Respondent was terminated from her teaching position with the district.
The Petitioner charges:
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), 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 101 2.795(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 VIGLATIONS
COUNT 4: The ailegations 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.
(SIGNATURE ON FOLLOWING PAGE)
KAREN J. HAMILTON
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
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.
res A .
EXECUTED on this ~~ day of Pa L208.
DR. ERYC J. SMITH, as
Commissioner of Education
State of Florida
Docket for Case No: 09-001595PL
Issue Date |
Proceedings |
May 11, 2009 |
Order Closing File. CASE CLOSED.
|
May 11, 2009 |
Unopposed Motion to Close File filed.
|
Apr. 28, 2009 |
Respondent's Answers to Petitioner's First Request for Admissions filed.
|
Apr. 21, 2009 |
Notice of Appearance (filed by J. Egan, Jr.).
|
Apr. 07, 2009 |
Order of Pre-hearing Instructions.
|
Apr. 07, 2009 |
Notice of Hearing (hearing set for May 18, 2009; 9:00 a.m.; Orlando, FL).
|
Apr. 02, 2009 |
Certificate of Service of Discovery filed.
|
Apr. 02, 2009 |
Petitioner`s Response to Initial Order filed.
|
Mar. 27, 2009 |
Administrative Complaint filed.
|
Mar. 27, 2009 |
Election of Rights filed.
|
Mar. 27, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Mar. 27, 2009 |
Agency referral
|
Mar. 27, 2009 |
Initial Order.
|