Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: NANETTE MARIE MIKES
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Aug. 05, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 9, 2013.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. TONY BENNETT, as
Commissioner of Education,
Petitioner,
VS CASE NO, 112-2157
NANETTE MARIE MUSES,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative
Complaint against NANETTE MARIE MIKES. 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 6A-10.08 1, 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 438162, covering the areas of
English for Speakers of Other Languages (ESOL), Pre-Kindergarten/Primary Education, Preschool
Education, Varying Exceptionalities, Pre-Kindergarten Disabilities, F amily and Consumer Science
and Exceptional Student Education, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at Meadowbrook Elementary School in the Broward County Schoo!
District.
MATERIAL ALLEGATIONS
3, On. or about January 26, 2012, Respondent attempted to forcibly feed A.R., a three
year-old child who was non-verbal and diagnosed with Autism Spectrum Disorder, by putting one
hand around A.R.’s neck area and an index finger in A.R.’s mouth. Respondent also slapped A.R.
in the mouth area approximately three times.
NANETTE MARIE MIKES
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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 Respondents in violation of Section 1012.795(1)G), Florida Statutes, in
that Respondent has 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 6A-
10.081(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.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement,
(SIGNATURE ON FOLLOWING PAGE)
NANETTE MARIE MIKES
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 1012.795(1) and 101 2.796(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.
EXECUTED on this 77 Ad ay of A p al ,2013.
DR. TONY BENNETT as
Commissioner of Education
State of Florida
Docket for Case No: 13-002928PL
Issue Date |
Proceedings |
Oct. 09, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 09, 2013 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Sep. 09, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 21, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
|
Sep. 09, 2013 |
Joint Motion to Continue filed.
|
Aug. 29, 2013 |
Notice of Appearance (Charles Whitlock) filed.
|
Aug. 13, 2013 |
Order of Pre-hearing Instructions.
|
Aug. 13, 2013 |
Notice of Hearing by Video Teleconference (hearing set for September 19, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Aug. 05, 2013 |
Administrative Complaint filed.
|
Aug. 05, 2013 |
Amended Election of Rights filed.
|
Aug. 05, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Aug. 05, 2013 |
Agency referral filed.
|
Aug. 05, 2013 |
Initial Order.
|