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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs NOREEN WYNNE, 12-000324PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000324PL Visitors: 14
Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: NOREEN WYNNE
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Jan. 18, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 4, 2012.

Latest Update: Sep. 30, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO. 101-2415 NOREEN THERESA WYNNE, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against NOREEN THERESA WYNNE. 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 1. The Respondent holds Florida Educator’s Certificate 479330, covering the areas of Preschool Education and Specific Learning Disabilities, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Teacher at Atlantic Beach Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3, On or about December 18, 2007, the Commissioner of Education found probable cause to sanction the Respondent for inappropriate discipline and excessive force against students. On or about December 12, 2008, the Education Practices Commission issued a Final Order accepting a scttlement agreement sanctioning the Respondent. See EPC Case No 08-0310-RT. 4, On or about January 12, 2011, the Respondent placed K.S., a four year-old male student, in a bathroom and closed the door, keeping K.S. in the bathroom against his will. K.S. attempted to exit the bathroom, and struck his head against the door, causing an abrasion. Filed January 18, 2012 12:41 PM Division of Administrative Hearings NOREEN THERESA WYNNE Administrative Complaint Page 2 of 3 5. During the 2010-11 school year, the Respondent piaced several students in the bathroom and closed the door as a means of discipline. 6. On or about April 18, 2011, the Duval County School District moved to terminate the Respondent based upon the conduct alleged herein. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 2: 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(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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) NOREEN THERESA WYNNE 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 2q%k day of Novemga- , 2011. Leora, GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-000324PL
Issue Date Proceedings
Apr. 04, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 03, 2012 Unopposed Motion to Close File and for Remand filed.
Mar. 23, 2012 Order Granting Motion to Amend Administrative Complaint
Mar. 19, 2012 Petitioner's Unopposed Motion for Leave to Amend Administrative Complaint filed.
Mar. 12, 2012 Order Granting Continuance (parties to advise status by March 22, 2012).
Mar. 07, 2012 Petitioner's Unopposed Motion for Continuance filed.
Jan. 26, 2012 Order of Pre-hearing Instructions.
Jan. 26, 2012 Notice of Hearing by Video Teleconference (hearing set for March 23, 2012; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jan. 24, 2012 Joint Response to Initial Order filed.
Jan. 20, 2012 Petitioner's Request for Admissions filed.
Jan. 20, 2012 Petitioner's First Request for Production of Documents filed.
Jan. 20, 2012 Notice of Service of Petitioner's First Interrogatories filed.
Jan. 19, 2012 Initial Order.
Jan. 18, 2012 Election of Rights filed.
Jan. 18, 2012 Agency referral filed.
Jan. 18, 2012 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 18, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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