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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ISABEL DIAZ-ALMARAZ, 13-004338PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004338PL Visitors: 49
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ISABEL DIAZ-ALMARAZ
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 08, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 28, 2014.

Latest Update: Nov. 15, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-1021 ISABEL DIAZ-ALMARAZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ISABEL DIAZ-ALMARAZ. 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-10.081, 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 1057517, covering the area of Dance, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Dance Teacher at South Miami Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, During the Fall of the 2011-2012.school year the Respondent provided several students with small bottles of liquor and shot glasses as Christmas gifts, The Respondent photographed the students with the items. At least one photograph of several students in the Respondent’s office at school holding the items was posted online on a social media website. 4. During the Spring of the 2011-2012 school year the Respondent assisted several students in renting a hotel room for several nights during the school prom. The Respondent provided ISABEL DIAZ-ALMARAZ Administrative Complaint Page 2 of 3 students staying at the hotel with alcohol and condoms, Photographs of the items were posted online on. a social media website. 5. On or about September 5, 2012, the Miami-Dade County School District terminated the Respondent from her employment. 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 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. COUNT3: The Respondentis 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. ROLE VIOLATIONS COUNT 4: 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 ftom conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) ISABEL DIAZ-ALMARAZ 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 Comrhission 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 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 petiod of time up to 10 years or permanently. EXECUTED on this__ (2! aayof August , 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-004338PL
Issue Date Proceedings
Jan. 28, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 27, 2014 (Joint) Motion to Cancel Hearing and to Relinquish Jurisdiciton to EPC filed.
Jan. 21, 2014 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Jan. 15, 2014 Notice of Service of Respondent's Responses to Petitioner's Request for Admissions filed.
Jan. 15, 2014 Notice of Service of Respondent's Answers to Petitioner's First Set of Interrogatories to Respondent filed.
Jan. 15, 2014 Notice of Service of Respondent's Response to Petitioner's Request for Production filed.
Dec. 09, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 26, 2014; 9:00 a.m.; Miami, FL).
Dec. 06, 2013 Joint Motion to Continue filed.
Dec. 02, 2013 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Dec. 02, 2013 Notice of Service of Petitioner's Request for Production to Respondent filed.
Dec. 02, 2013 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 19, 2013 Order of Pre-hearing Instructions.
Nov. 19, 2013 Notice of Hearing (hearing set for January 15, 2014; 9:00 a.m.; Miami, FL).
Nov. 14, 2013 Joint Response to Initial Order filed.
Nov. 08, 2013 Initial Order.
Nov. 08, 2013 Administrative Complaint filed.
Nov. 08, 2013 Election of Rights filed.
Nov. 08, 2013 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Nov. 08, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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