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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs PAULA PRUDENTE, 12-000502PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000502PL Visitors: 24
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: PAULA PRUDENTE
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Feb. 06, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 22, 2013.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOEN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1621 PAULA PRUDENTE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against PAULA PRUDENTE. 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 439146, covering the areas of Spanish, Elementary Education, English for Speakers of Other Languages (ESOL), and Reading, which is valid through June 30, 2013. 2 At all times pertinent hereto, the Respondent was employed as a Readin g Teacher ae Zé Tin ARES as CMH 1s at John I. Leonard High School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2007-2008, 2008-2009, and 2009-2010 school years, in Palm Beach County, Florida, Respondent sent numerous inappropriate emails using the Palm Beach County School District’s email system, despite having been directed by her superiors on multiple occasions, dating back to 2003, to refrain from inappropriate use of the email system, and having been told that such emails were “totally inappropriate and unacceptable . . . . only meant to create resentment and hostility and must desist immediately.” Respondent’s emails include unfounded allegations and personal attacks against colleagues and administrators, and politically-themed emails and Filed February 6, 2012 9:26 AM Division of Administrative Hearings PAULA PRUDENTE Administrative Complaint Page 2 of 4 attachments voicing support for particular candidates and degrading others. Recipients of Respondent’s emails have stated that the emails were “frightfully aggressive and vituperative”; that they were “offended” by the emails; and that they “told her to stop sending these but they continued. 4. During the 2008-2009 school year, in Palm Beach County, Florida, Respondent made frequent inappropriate comments to students, including g calling them “stupid” and telling them “you are not going to get anywhere in life,” and “it’s better offif you guys get your GED,” or words to that effect. 5, On or about April 6, 2010, in Palm Beach County, Florida, five of Respondent’s students, V.B., S.M., E.D., M.Q., and O.R. submitted a letter to Principal Terry Costa stating that Respondent was “very abusive, unprofessional, insensitive, and . . . immature,” that they felt “uncomfortable and unsafe” in her classroom, and that Respondent “tells us and my [sic] fellow class mates that we will never amount to anything and that we all will be able to only work at McDonald [sic]... .” 6. On or about April 7, 20106, in Palm Beach County, Florida, Respondent told students that she would blow them up if she had a gun, or words to that effect, and made inappropriate comments to the students about Assistant Principal Theomane Dorleans, stating that Assistant Principal Dorleans needed to be fired, or words to that effect. 7. On or about April 13, 2010, in Palm Beach County, Florida, Respondent pushed sixteen-year-old female student L.T., causing red marks to appear on L.T.’s neck. On or about April 14, 2010, in Palm Beach County, Florida, Respondent pushed seventeen-year-old male student O.A. several times in his chest. 9. On or about April 15, 2010, Respondent was assigned to her residence, with pay, pending the outcome of an investigation. On or about April 19, 2010, Respondent was reassigned to the Department of Charter Schools. On or about October 28, 2010, Respondent was issued a written reprimand for inappropriate use of force on students, regarding the incidents on April 13 and 14, 2010. 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. PAULA PRUDENTE Administrative Complaint Page 3 of 4 COUNT 2: 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. COUNT3: 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 4: 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 5: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. COUNT 7: 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 (SIGNATURE ON FOLLOWING PAGE) PAULA PRUDENTE Administrative Complaint Page 4 of 4 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; resiricting 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. wn EXECUTED on this \Se day of _S uly , 2011, dicho Warr JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 12-000502PL
Issue Date Proceedings
Feb. 22, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 22, 2013 Joint Motion to Cancel Hearing/Relinquish Jurisdiction to EPC filed.
Jan. 29, 2013 Amended Notice of Hearing by Video Teleconference (hearing set for March 5 through 7, 2013; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Remote Location).
Jan. 22, 2013 Amended Notice of Hearing by Video Teleconference (hearing set for March 5 through 7, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Date, Location and Video).
Nov. 16, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 19 through 21, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Nov. 15, 2012 Respondent's Motion for Continuance filed.
Oct. 01, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 11 through 13, 2012; 9:00 a.m.; West Palm Beach, FL).
Sep. 27, 2012 Petitioner's Motion to Continue filed.
Sep. 19, 2012 Order Denying Continuance of Final Hearing.
Sep. 18, 2012 Joint Motion to Reset Hearing Date filed.
Jul. 27, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 16 through 18, 2012; 9:00 a.m.; West Palm Beach, FL).
Jul. 26, 2012 Petitioner's Motion to Continue Hearing filed.
Jul. 26, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 25 through 27, 2012; 9:00 a.m.; West Palm Beach, FL).
Jul. 25, 2012 Motion for Extension of Time to Prepare Defenses filed.
Jul. 20, 2012 Order Granting Leave to Amend.
Jul. 12, 2012 Petitioner's Motion to Amend Administrative Complaint filed.
May 10, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 21 through 23, 2012; 9:00 a.m.; West Palm Beach, FL).
May 08, 2012 Petitioner's Joint Motion to Reschedule the Formal Hearing filed.
Apr. 24, 2012 Notice of Petitioner's Response to Respondent's First Request for Production filed.
Apr. 24, 2012 Notice of Petitioner's Answers to Respondent's First Set of Interrogatories filed.
Mar. 01, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 11 through 13, 2012; 9:00 a.m.; West Palm Beach, FL).
Feb. 27, 2012 Respondent's Agreed Motion for Continuance filed.
Feb. 20, 2012 Notice of Service of Petitioner's Request for Production to Respondent filed.
Feb. 20, 2012 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Feb. 20, 2012 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Feb. 14, 2012 Order of Pre-hearing Instructions.
Feb. 14, 2012 Notice of Hearing by Video Teleconference (hearing set for April 10 and 11, 2012; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Feb. 09, 2012 Joint Response to Initial Order filed.
Feb. 06, 2012 Initial Order.
Feb. 06, 2012 Election of Rights filed.
Feb. 06, 2012 Agency referral filed.
Feb. 06, 2012 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 06, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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