Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: SEAN GENTILE
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Mar. 28, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 9, 2012.
Latest Update: Nov. 05, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
GERARD ROBINSON, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 101-2945
SEAN GENTILE,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative
Complaint against SEAN GENTILE. 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 963402, covering the areas of
Elementary Education and Reading, which is valid through June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher
at Arthur Ashe Middle Schoo] in the Broward County School District.
MATERIAL ALLEGATIONS
3. During the 2008-2009 and 2009-2010 school years, while employed by the School
District of Broward County (“District”), Respondent proved incompetent to perform thé duties of
a teacher. ;
4. On October 3, 2008, Assistant Principal Hart issued Respondent a letter addressing
the inappropriate manner in which she addressed students, including “embarrassing, disparaging,
and/or awkward comments and/or actions,” and ordering Respondent to cease and desist all such
inappropriate behavior immediately.
Filed March 28, 2012 3:21 PM Division of Administrative Hearings
SEAN GENTILE
Administrative Complaint
Page 2 of 3
5. On or about February 13, 2009, Respondent was placed on a Performance
Development Plan. Noted under the categories “Lesson Management” and “Lesson Presentation”
were the failures to meet the following criteria:
(a) Orients students to classwork, specifies purposes of activities and relationship to the
objectives;
(b) Prepares the classroom materials and equipment for the presentation of the lesson;
(c) Selects and uses appropriate instructional techniques including available materials and
technology which support learning of the specific types of knowledge or skills; and
(d) Asks questions which are clear and require students to reflect before responding.
6. On or about May 28, 2009, Respondent received an overall unsatisfactory
performance evaluation for the 2008-2009 school year. Respondent failed to meet satisfactory
performance standards in the areas of Lesson Management, Lesson Presentation, Student
Performance Evaluation, Classroom Management, and Behavior Management. Respondent was
placed. on a Performance Development Plan,
7. On or about November 19, 2009, Respondent received an overall unsatisfactory
performance evaluation. Respondent failed to meet satisfactory performance standards in the areas
of Lesson Management, Lesson Presentation, Siudent Performance Evaluation, Classroom
Management, and Behavior Management. Respondent was placed on a Performance Development
Plan.
8. On or about April 19, 2010, Respondent received an overall unsatisfactory
performance evaluation for the 2009-2010 school year. Respondent failed to meet satisfactory
performance standards in the areas of Lesson Management, Lesson Presentation, Student
Performance Evaluation, Classroom Management, and Behavior Management. Respondent was
placed on a Performance Development Plan.
9. On or about May 13, 2010, Broward County Superintendent of Schools James Notter
recormmended that Respondent be dismissed from her employment with the District. Respondent
subsequently requested a hearing with the Division of Administrative Hearings (““DOAH”) regarding
the recommendation. On or about May 23, 2011, a DOAH administrative law judge issued a
recommended order recommending that the District issue a final order terminating Respondent’s
employment. On or about September 24, 2011, the District issued a final order terminating
Respondent’s employment with the District.
10. The Respondent is in violation of Section 1012.53(1), Florida Statutes, in that
Respondent has failed to work diligently and faithfully to help students meet or exceed annual
SEAN GENTILE
Administrative Complaint
Page 3 of 3
learning goals.
11. The Respondent is in violation of Section 1012.53(2), Florida Statutes, in that
Respondent failed to perform duties prescribed by rules of the district school board.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the
public school system or to teach in or to operate a private school.
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.
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 ora
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. ;
nod |
EXECUTED on this Z yh day of Novesmbar 2011.
GERARD ROBINSON!
Commissioner of Education
State of Florida
Docket for Case No: 12-001135PL
Issue Date |
Proceedings |
May 09, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 07, 2012 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Apr. 11, 2012 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
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Apr. 11, 2012 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
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Apr. 11, 2012 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
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Apr. 10, 2012 |
Order of Pre-hearing Instructions.
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Apr. 10, 2012 |
Notice of Hearing by Video Teleconference (hearing set for June 20, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Apr. 03, 2012 |
Unilateral Response to Initial Order filed.
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Mar. 29, 2012 |
Initial Order.
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Mar. 28, 2012 |
Agency referral filed.
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Mar. 28, 2012 |
Election of Rights filed.
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Mar. 28, 2012 |
Administrative Complaint filed.
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