Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: JOSEPH MAZZARELLA
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Aug. 09, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 6, 2012.
Latest Update: Nov. 05, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
GERARD ROBINSON, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 112-0110
JOSEPH MAZZARELLA,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative
Complaint against JOSEPH MAZZARELLA. 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 964361, covering the areas of
Educational Leadership, World Language - Italian, and World Language - Spanish, which was valid
through June 30, 2011.
MATERIAL ALLEGATIONS
2. On or about February 22, 2007, the New Jersey Department of Education State
Board of Examiners revoked five of Respondent’s New Jersey educator certificates, including his
Standard Italian Teacher Certificate, Standard Spanish Teacher Certificate, Standard Supervisor
Certificate, School Administrator Certificate of Eligibility, and Principal/Supervisor Certificate of
Eligibility, based upon an administrative law judge’s finding that Respondent had engaged in
conduct unbecoming a supervisor, principal and an administrator “in that he harassed the teaching
staff he supervised, made derogatory comments about staff members to their colleagues, interfered.
with their ability to conduct their classes and threatened their tenure.”
Filed August 9, 2012 10:21 AM Division of Administrative Hearings
JOSEPH MAZZARELLA
Administrative Complaint
Page 2 of 2
3. On or about October 7, 2009, the Superior Court of New Jersey, Appellate Division
reversed the revocation of Respondent’s Standard Italian Teacher Certificate and Standard Spanish
Teacher Certificate, but affirmed the revocation of Respondent’s Standard Supervisor Certificate,
School Administrator Certificate of Eligibility, and Principal/Supervisor Certificate of Eligibility.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes,
in that Respondent has had an educator certificate sanctioned by revocation, suspension, or
surrender in another state.
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 4 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.
GERARD ROBINSQN, as
Commissioner of Education
State of Florida
Docket for Case No: 12-002632PL
Issue Date |
Proceedings |
Dec. 06, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 05, 2012 |
Unopposed Motion to Close File and for Remand filed.
|
Dec. 03, 2012 |
Order to Show Cause.
|
Nov. 26, 2012 |
Petitioner's Response to Order Granting Continuance and Renewed Motion to Relinquish Jurisdiction filed.
|
Nov. 14, 2012 |
Order Granting Continuance (parties to advise status by November 26, 2012).
|
Nov. 14, 2012 |
Unopposed Motion for Continuance filed.
|
Nov. 05, 2012 |
Motion to Relinquish Jurisdiction in Absence of Disputed Issues of Material Fact filed.
|
Oct. 26, 2012 |
Response to Order to Show Cause and Notice of Filing Discovery Responses filed.
|
Oct. 16, 2012 |
Order to Show Cause.
|
Oct. 16, 2012 |
Petitioner's Alternative Motion to Compel Discovery filed.
|
Oct. 16, 2012 |
Petitioner's Renewed Motion to Deem Matters Admitted and for Remand to the Education Practices Commission filed.
|
Oct. 12, 2012 |
Order of Pre-hearing Instructions.
|
Oct. 12, 2012 |
Notice of Hearing (hearing set for November 20, 2012; 9:30 a.m.; Tallahassee, FL).
|
Oct. 05, 2012 |
Agreed Response to Order Requiring Status Report filed.
|
Oct. 01, 2012 |
Notice of Appearance (Richard Santurri) filed.
|
Sep. 25, 2012 |
Petitioner's Motion to Deem Matters Admitted and for Remand to the Education Practices Commission filed.
|
Sep. 05, 2012 |
Order Continuing Hearing and Requiring Status Report (parties to advise status by October 5, 2012).
|
Aug. 21, 2012 |
Petitioner's Response to Respondent's August 21, 2012 Filing filed.
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Aug. 21, 2012 |
Letter to Judge Nelson from J. Mazzarella requesting for time to retain Flroida counsel filed.
|
Aug. 20, 2012 |
Order of Pre-hearing Instructions.
|
Aug. 20, 2012 |
Notice of Hearing (hearing set for October 1, 2012; 9:30 a.m.; Tallahassee, FL).
|
Aug. 17, 2012 |
Petitioner's Unilateral Response to Initial Order filed.
|
Aug. 13, 2012 |
Petitioner's Request for Admissions filed.
|
Aug. 13, 2012 |
Petitioner's First Request for Production of Documents filed.
|
Aug. 13, 2012 |
Notice of Service of Petitioner's First Interrogatories filed.
|
Aug. 09, 2012 |
Initial Order.
|
Aug. 09, 2012 |
Election of Rights filed.
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Aug. 09, 2012 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Aug. 09, 2012 |
Agency referral filed.
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Aug. 09, 2012 |
Administrative Complaint filed.
|