Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: DIANE POTTINGER-PUSEY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Winter Haven, Florida
Filed: Oct. 23, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 19, 2012.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
GERARD ROBINSON, as
Commissioner of Education,
Petitioner,
‘WS. ; CASE NO. 101-2659
DIANE POTTINGER-PUSEY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative
Complaint against DIANE POTTINGER-PUSEY. 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, arid 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 -
i The Respondent holds Florida Educator’s Certificate 870022, covering the areas of
Reading and Varying Exceptionalities, which is valid through June 30, 2016.
2. “At all times pertinent hereto, the Respondent was employed as an English Teacher
at East Hall Middle School in Hall County, Georgia and held an educator's certificate issued by the
State of Georgia. /
MATERIAL ALLEGATIONS °
“3. During the Spring of 2009, the Respondent improperly assisted students taking the
Criterion Referenced Competency Test (CRCT) by providing one student with a mathematical
formula and giving students non-verbal indiéations of correct or incorrect answers on the test. The’
espondent’s conduct was in violation of test security standards. The students’ examination scores
for the CRCT were invalidated.
Filed October 23, 2012 9:16 AM Division of Administrative Hearings
DIANE POTTINGER-PUSEY
Administrative Complaint
Page 2 of 3
4. On or about January 14, 2010, the Georgia Professional Standards Commission
found probable cause to sanction the Respondent for failure to follow testing procedures.
5. On or about May 21, 2011, the Respondent entered into a consent order with the
Georgia Professional Standards Commission whereby the Respondent’s Georgia educator's
certificate was suspended for a retroactive period from August 3, 2010 through October 29, 2010.
"The Petitioner charges: .,
. STATUTE VIOLATIONS
; COUNT i: 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.
COUNT 2:° 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. :
. ‘COUNT 3: The Respondent is in violation of Section 10 12.795(1)@), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules. . : :
RULE LATIONS
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. .
(SIGNATURE ON FOLLOWING PAGE)
DIANE POTTINGER-PUSEY
Administrative Complaint
Page 3 of 3
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 10 12.795(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 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 teapplying for an educator’s certificate for a period of time up to 10 years or
permanently.
EXECUTED on this 4 \or day of at fa he : 32012.
Lond.
GERARD ROBINSON, as .
Commissioner of Education
State of Florida
Docket for Case No: 12-003487PL
Issue Date |
Proceedings |
Nov. 19, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 19, 2012 |
Motion to Close File and for Remand filed.
|
Oct. 25, 2012 |
Order Placing Case in Abeyance (parties to advise status by November 26, 2012).
|
Oct. 24, 2012 |
Response to Initial Order and Motion to Hold Case in Abatement filed.
|
Oct. 24, 2012 |
Initial Order.
|
Oct. 23, 2012 |
Election of Rights filed.
|
Oct. 23, 2012 |
Agency referral filed.
|
Oct. 23, 2012 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Oct. 23, 2012 |
Administrative Complaint filed.
|