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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JOAN LEROY, 15-004417PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004417PL Visitors: 19
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JOAN LEROY
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Aug. 07, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 23, 2015.

Latest Update: Jun. 27, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-2326 JOAN PATRICIA LEROY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOAN PATRICIA LEROY. 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 l. The Respondent holds Florida Educator’s Certificate 925243, covering the areas of English, English for Speakers of Other Languages (ESOL) and Exceptional Student Education, which ts valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Western High School in the Broward County School District. MATERIAL ALLEGATIONS 2 3. On or about January 10, 2014, Respondent inappropriately disciplined Y.M., a sixteen year old, female student by slapping Y.M. on the arm with force. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(1)@), Florida Statutes, JOAN PATRICIA LEROY Administrative Complaint Page 2 of 2 in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT I: 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 2: 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, 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 educatot’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 period of time up to 10 years or permanently. EXECUTED on this 7% day of __ Larch, 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004417PL
Issue Date Proceedings
Oct. 23, 2015 Order Closing File and Relinquishing Jurisdicton. CASE CLOSED.
Oct. 22, 2015 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Sep. 25, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 6, 2016; 9:00 a.m.; Lauderdale Lakes, FL).
Sep. 24, 2015 Order Granting Motion to Amend Administrative Complaint
Sep. 21, 2015 Joint Motion to Continue Hearing filed.
Sep. 21, 2015 Petitioner's Motion to Amend Administrative Complaint filed.
Aug. 18, 2015 Order of Pre-hearing Instructions.
Aug. 18, 2015 Notice of Hearing (hearing set for October 14 and 15, 2015; 9:00 a.m.; Fort Lauderdale, FL).
Aug. 18, 2015 Respondent's Responses to Petitioner's Request for Admissions filed.
Aug. 14, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 14, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
Aug. 14, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 13, 2015 Joint Response to Initial Order filed.
Aug. 07, 2015 Initial Order.
Aug. 07, 2015 Administrative Complaint filed.
Aug. 07, 2015 Revised Election of Rights filed.
Aug. 07, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 07, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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