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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs SEAN GENTILE, 12-001135PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001135PL Visitors: 70
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: Jun. 16, 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.
Apr. 11, 2012 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Apr. 11, 2012 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Apr. 11, 2012 Notice of Service of Petitioner's Request for Production to Respondent filed.
Apr. 10, 2012 Order of Pre-hearing Instructions.
Apr. 10, 2012 Notice of Hearing by Video Teleconference (hearing set for June 20, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 03, 2012 Unilateral Response to Initial Order filed.
Mar. 29, 2012 Initial Order.
Mar. 28, 2012 Agency referral filed.
Mar. 28, 2012 Election of Rights filed.
Mar. 28, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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