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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MARY COOK, 13-001674PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001674PL Visitors: 31
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MARY COOK
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Pensacola, Florida
Filed: May 08, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 22, 2013.

Latest Update: Sep. 30, 2024
' STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-1723 | MARY ALICE COOK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARY ALICE COOK. 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 797362, covering the areas of Emotionally Handicapped and Reading, which is valid through June 30, 2015, 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at W.H. Rhodes Elementary School in the Santa Rosa County School District. MATERIAL ALLEGATIONS 3. In November 2011 the Respondent was placed on a Professional Improvement Plan (PIP) to assist her with improvement in the areas of classroom strategies and behaviors, planning and preparing, reflection on teaching and collegiality, and professionalism. On the morming of December 8, 201 1, the Respondent reported to Gulf Breeze Elementary School to “shadow” another Exceptional Student Education teacher as a part of the strategies being employed to enable her to successfully complete the Professional Improvement Plan. MARY ALICE COOK. Administrative Complaint Page 2 of 3 4. On December 8, 2011, the Respondent was present on the Gulf Breeze Elementary School campus while under the influence of alcohol. The teacher being “shadowed” by the Respondent noticed the distinct odor of alcohol on the Respondent’s breath and observed her repeatedly drinking a substance from a water bottle which the Respondent brought to the school with her. Upon receiving this information the school’s Assistant Principal escorted the Respondent to a local laboratory at approximately 1:30 p.m. where she, submitted to a reasonable suspicion drug/alcohol test. The results of the test were positive, indicating a blood alcohol level of .167. 5. On or about December 8, 2011, the Respondent possessed a bottle containing alcohol in a classroom on the campus of Gulf Breeze Elementary School. 6. On or about January 4, 2012, the Respondent was granted a one-time unpaid leave to complete an approved drug and/or alcohol rehabilitation program as a condition of returning to work. The Respondent subsequently resigned from her Position ofemployment with the Santa Rosa County School District. The Petitioner charges: TATUTE VIOLATIONS COUNT 1: 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. COUNT2: The Respondent is in violation of Section 10 12.795(1)(j), Florida Statutes, in that Respondent bas violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: 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) MARY ALICE COOK Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accotdance 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 4 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. : , EXECUTED on this SO day of_Novente 2012. (bn Lecmarf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-001674PL
Issue Date Proceedings
Jul. 22, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 19, 2013 Motion to Close File and for Remand filed.
Jul. 09, 2013 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by August 1, 2013).
Jul. 09, 2013 Unopposed Motion to Cancel Hearing and Hold in Abeyance filed.
Jul. 08, 2013 Order to Show Cause.
Jun. 21, 2013 Petitioner's Motion to Deem Matters Admitted and for Remand to the Education Practices Commission filed.
May 17, 2013 Order of Pre-hearing Instructions.
May 17, 2013 Notice of Hearing by Video Teleconference (hearing set for July 18, 2013; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
May 16, 2013 Petitioner's First Request for Production of Documents filed.
May 16, 2013 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
May 16, 2013 Petitioner's Request for Admissions filed.
May 16, 2013 Petitioner's Response to Initial Order filed.
May 16, 2013 Order Granting Motion to Withdraw as Counsel.
May 13, 2013 Motion to Withdraw as Counsel for Respondent filed.
May 09, 2013 Initial Order.
May 08, 2013 Administrative Complaint filed.
May 08, 2013 Election of Rights filed.
May 08, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 08, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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