Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ESTHER HOFFMAN
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 06, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 16, 2012.
Latest Update: Jan. 03, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 101-0475
ESTHER HOFFMAN,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against ESTHER HOFFMAN. 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
L. The Respondent holds Florida Educator’s Certificate 837678, covering the areas of
Elementary Education, English for Speakers of Other Languages (ESOL), Middle Grades Integrated
Curriculum, and Gifted, which is valid through June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as a Second Grade
Teacher at Wesley Matthews Elementary School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. In May of 2010, the Respondent was enrolled in an online program entitled
Foundations of Language and Cognition, offered by the North East Florida Educational Consortium
(NEFEC). As a course participant, the Respondent agreed to abide by NEFEC’s Code of
Professional Conduct for Online Participants.
4. On or about May 22, 2010, The Respondent submitted an essay in fulfillment of a
course assignment entitled Unit 1 Reflective Essay.
Filed January 6, 2012 8:49 AM Division of Administrative Hearings
ESTHER HOFFMAN
Administrative Complaint
Page 2 of 3
5. The Respondent submitted an essay purportedly of her own creation. However, the
essay submitted by the Respondent was nearly identical to an essay submitted by a previous course
participant, with only several words and phrases altered from the original.
6. On or about May 28, 2010, NEFEC notified the Respondent that she would be
removed from the course for violating the NEFEC Code of Professional Conduct in the area of
academic misconduct.
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)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
COUNT4: The Respondentis in violation of Rule 6B-1.006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on a document in connection with
professional activities.
(SIGNATURE ON FOLLOWING PAGE)
ESTHER HOFFMAN
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.
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EXECUTED on this 2° dayot Ne. _, 2011.
DR. ERI MUTH, as
Commissioner of Education
State of Florida
Docket for Case No: 12-000068PL
Issue Date |
Proceedings |
Apr. 16, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 16, 2012 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Feb. 10, 2012 |
Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
|
Feb. 10, 2012 |
Respondent's Notice of Service of Answers to Interrogatories filed.
|
Feb. 09, 2012 |
Respondent's Response to Petitioner's First Request for Admissions filed.
|
Feb. 07, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 24, 2012; 9:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 06, 2012 |
Respondent's Unopposed Motion to Continue Final Hearing filed.
|
Jan. 17, 2012 |
Order of Pre-hearing Instructions.
|
Jan. 17, 2012 |
Notice of Hearing by Video Teleconference (hearing set for March 2, 2012; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jan. 11, 2012 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Jan. 11, 2012 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Jan. 11, 2012 |
Notice of Service of Petitioner's Reuqest for Production to Respondent filed.
|
Jan. 11, 2012 |
Joint Response to Initial Order filed.
|
Jan. 06, 2012 |
Initial Order.
|
Jan. 06, 2012 |
Election of Rights filed.
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Jan. 06, 2012 |
Agency referral filed.
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Jan. 06, 2012 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jan. 06, 2012 |
Administrative Complaint filed.
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