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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ESTHER HOFFMAN, 12-000068PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000068PL Visitors: 16
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: Jun. 28, 2024
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. wt 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.
Jan. 06, 2012 Agency referral filed.
Jan. 06, 2012 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 06, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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