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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ALDINE CHAPMAN, 16-004350PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004350PL Visitors: 29
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ALDINE CHAPMAN
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Jul. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 17, 2016.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-6105 ALDINE R. CHAPMAN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ALDINE R. CHAPMAN. 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 963361, covering the areas of Elementary Education, English, Reading, Social Science and Exceptional Student Education (“ESE”), which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at John F. Kennedy Middle Schoo! in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. On or about April 30, 2013, Respondent and Mitchell Everett, Exceptional Students Support Staff, were responsible for monitoring and/or supervising a group of students— including S.J., L.C., and R.F.—during a recreation respite in a school gymnasium during school hours. While at said gymmasium, Respondent and Mr. Everett failed to appropriately monitor and/or supervise 5.1., L.C., and R-F., eighth grade, male students. Due to Respondent’s and Mr. Everett’s failure to monitor $.J., L.C., and RF, the aforementioned students went underneath ALDINE R. CHAPMAN Administrative Complaint Page 2 of 2 gymnasium bleachers where they subsequently showed pornography, via an electronic device, to A.M.—a seventh-grade female student. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012,795(1)(), 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. 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 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 _6® day of Now ember 2 2015, Lob Lerch PAM STEWART, as_ Commissioner of Education State of Florida

Docket for Case No: 16-004350PL
Issue Date Proceedings
Nov. 17, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to the agency.
Nov. 17, 2016 Order Closing File and Relinquishing Jurisdiction for Entry of Order of Voluntary Dismissal. CASE CLOSED.
Nov. 17, 2016 CASE STATUS: Hearing Held.
Nov. 15, 2016 Notice of Scheduling Court Reporter filed.
Nov. 14, 2016 Petitioner's Exhibit Booklet filed (exhibits not available for viewing).
Nov. 10, 2016 Petitioner's Notice of Filing of Proposed Exhibits filed.
Nov. 08, 2016 Joint Prehearing Stipulation filed.
Nov. 04, 2016 Respondent's Witness List filed.
Sep. 15, 2016 Respondent's Notice of Serving Answers to Interrogatories filed.
Sep. 06, 2016 Respondent's Response to Petitioner's Request for Admissions filed.
Sep. 06, 2016 Respondent's Response to Petitioner's Request for Production filed.
Sep. 06, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 17, 2016; 9:00 a.m.; West Palm Beach, FL).
Sep. 01, 2016 Unopposed Motion for Continuance filed.
Aug. 03, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Aug. 03, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 03, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 03, 2016 Order of Pre-hearing Instructions.
Aug. 03, 2016 Notice of Hearing by Video Teleconference (hearing set for September 26, 2016; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Aug. 02, 2016 Joint Response to Initial Order filed.
Jul. 29, 2016 Initial Order.
Jul. 29, 2016 Administrative Complaint filed.
Jul. 29, 2016 Election of Rights filed.
Jul. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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