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PAM STEWART, AS COMMISSIONER OF EDUCATION vs CLAUDINE ETIENNE, 16-000591PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000591PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CLAUDINE ETIENNE
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Feb. 01, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 31, 2016.

Latest Update: Jun. 18, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2412 CLAUDINE ETIENNE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against CLAUDINE ETIENNE. 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 845026, covering the areas of English and Mathematics, which is valid through Jume 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Miami Springs High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about January 20, 2012, the Respondent failed to supervise and properly protect the safety and well-being of students. A student released a smoke bomb filling the room with smoke, C.E., a 16-year-old student with a known history of asthma, requested to Jeave the room and indicated that she was having trouble breathing. Respondent denied C.E.’s request to leave and additionally blocked the doorway. As a result the student required medical attention. 4, On or about February 17, 2012, as a result of the Respondent's conduct the district issued a verbal reprimand. CLAUDINE ETIENNE Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is 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 2: 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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(3)(€), 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 Comunission 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 period of time up to 10 years or permanently. EXECUTED on this Lf th day of _ December 2014, PAM STEWART, as Comunissioner of Education State of Florida

Docket for Case No: 16-000591PL
Issue Date Proceedings
Dec. 06, 2016 Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 16-7187PL ESTABLISHED)
May 31, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 27, 2016 Motion to Cancel Hearing and to Relinqush Jurisdiction to EPC filed.
Mar. 08, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 7, 2016; 9:00 a.m.; Miami, FL).
Mar. 08, 2016 Joint Motion for Continuance filed.
Feb. 12, 2016 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Feb. 11, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Feb. 11, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Feb. 11, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Feb. 10, 2016 Order of Pre-hearing Instructions.
Feb. 10, 2016 Notice of Hearing by Video Teleconference (hearing set for April 4, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Feb. 05, 2016 Joint Response to Initial Order filed.
Feb. 02, 2016 Initial Order.
Feb. 01, 2016 Administrative Complaint filed.
Feb. 01, 2016 Election of Rights filed.
Feb. 01, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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