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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs JOSEPH MAZZARELLA, 12-002632PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002632PL Visitors: 18
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: Jun. 01, 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.
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.
Aug. 09, 2012 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 09, 2012 Agency referral filed.
Aug. 09, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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