Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ELIZABETH POLANSKY MIDDLETON
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Sep. 01, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 8, 2011.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 090-1729
ELIZABETH POLANSKY MIDDLETON,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against ELIZABETH POLANSKY MIDDLETON. The Petitioner seeks the appropriate
disciplinary sanction of the Respondent’s educator’s certificate. pursuant to Sections 1012.315,
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
lL The Respondent holds Florida Educator’s Certificate 599372, covering the areas of
Biology, Elementary Education, English for Speakers of Other Languages (ESOL), Middle Grades
Integrated Curriculum, Varying Exceptionalities, and Exceptional Student Education, which is valid
through June 30, 2014.
2. Atall times pertinent hereto, the Respondent was employed as a Dean at Liberty High
School in the Osceola County School District.
MATERIAL ALLEGATIONS
3. On or about October 25, 2009, the Respondent sent an e-mail message to members
of the Osceola County School Board, staff members of Gateway High School and other district
administrative staff members. The message contained an explicit image of a penis, a description and
photograph of a male teacher at Gateway High School, and the name and phone number of the
cafeteria manager at Gateway High School. The message included the phrase“I can learn to suck
my dick with Panther Pride” and stated that the cafeteria manager could “suck it.”
Filed September 1, 2011 9:57 AM Division of Administrative Hearings
ELIZABETH POLANSKY MIDDLETON
Administrative Complaint
Page 2 of 3
4. On or about January 29, 2010, the Respondent was charged with Stalking. On or
about August 19, 2010, the charge was dismissed.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT2: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or
discriminatory conduct which unreasonably interfered with an individual’s performance of
professional or work responsibilities or with the orderly processes of education or which created a
hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make
reasonable effort to assure that each individual was protected from such harassment or
discrimination.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally
false statements about a colleague.
(SIGNATURE ON FOLLOWING PAGE)
ELIZABETH POLANSKY MIDDLETON
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 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 to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; determining the Respondent to be ineligible for certification; 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 \ es day of Man, , 2011.
Commissioner of Education
State of Florida
Docket for Case No: 11-004438PL
Issue Date |
Proceedings |
Dec. 08, 2011 |
Order Closing File. CASE CLOSED.
|
Nov. 22, 2011 |
Motion to Close File filed.
|
Nov. 17, 2011 |
Order Granting Continuance (parties to advise status by November 28, 2011).
|
Nov. 17, 2011 |
Notice of Transfer.
|
Nov. 14, 2011 |
Unopposed Motion for Continuance filed.
|
Oct. 25, 2011 |
Respondent's Notice of Serving Responses to Petitioner's First Request for Admissions filed.
|
Oct. 25, 2011 |
Respondent's Notice of Serving Responses to Petitioner's First Request for Production of Documents filed.
|
Oct. 25, 2011 |
Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
|
Oct. 25, 2011 |
Notice of Taking Deposition (of E. Middleton) filed.
|
Oct. 25, 2011 |
Notice of Taking Deposition (of M. Aponte) filed.
|
Oct. 25, 2011 |
Notice of Taking Deposition (of E. Middleton) filed.
|
Oct. 18, 2011 |
Notice of Substitution of Counsel (Mark Herdman) filed.
|
Oct. 13, 2011 |
Motion to Withdraw Joint Motion for Continuance filed.
|
Oct. 12, 2011 |
Joint Motion for Continuance filed.
|
Oct. 11, 2011 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 17, 2011; 9:00 a.m.; Kissimmee, FL).
|
Oct. 11, 2011 |
Unopposed Motion for Continuance filed.
|
Oct. 11, 2011 |
Notice of Temporary Appearance (Peter Caldwell) filed.
|
Oct. 04, 2011 |
Notice of Taking Deposition (of M. Aponte) filed.
|
Oct. 04, 2011 |
Notice of Taking Deposition (of E. Middleton) filed.
|
Sep. 08, 2011 |
Order of Pre-hearing Instructions.
|
Sep. 08, 2011 |
Notice of Hearing (hearing set for October 20, 2011; 9:00 a.m.; Kissimmee, FL).
|
Sep. 08, 2011 |
Joint Response to Initial Order filed.
|
Sep. 07, 2011 |
Certificate of Service of Discovery filed.
|
Sep. 01, 2011 |
Initial Order.
|
Sep. 01, 2011 |
Election of Rights filed.
|
Sep. 01, 2011 |
Agency referral filed.
|
Sep. 01, 2011 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Sep. 01, 2011 |
Administrative Complaint filed.
|