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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs KAREN J. HAMILTON, 09-001595PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-001595PL Visitors: 6
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: May 17, 2024
oe) STATE OF FLORIDA & ioe: EDUCATION PRACTICES COMMISSION «| 62 f} a a A 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.
Source:  Florida - Division of Administrative Hearings

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