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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ELVIS QUIROZ, 16-004592PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004592PL Visitors: 2
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ELVIS QUIROZ
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Aug. 15, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2016.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-2539 ELVIS EDISON QUIROZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ELVIS EDISON QUIROZ. 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 lL. The Respondent holds Florida Educator’s Certificate 902377, covering the areas of Elementary Education and Physical Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Pines Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year the Respondent accessed and viewed pornographic and erotic images on his school-issued computer. These images were seen and reported by the Respondent’s middle school students. The Respondent engaged in this conduct at the school site during school hours. ELVIS EDISON QUIROZ Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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 his effectiveness as an employee of the school board. COUNT3: 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 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 from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for persona] gain or advantage. (SIGNATURE ON FOLLOWENG PAGE) ELVIS EDISON QUIROZ 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 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 LM day of Febyr ware 2014, ~t PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-004592PL
Issue Date Proceedings
Oct. 05, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 27, 2016 Order to Show Cause.
Sep. 27, 2016 Motion to Relinquish Jurisdiction to EPC In Absence of Disputed Material Facts filed.
Sep. 08, 2016 Order Granting Motion to Withdraw as Counsel.
Sep. 07, 2016 Motion to Withdraw as Counsel (for Respondent) filed.
Sep. 06, 2016 Order Granting Motion to Amend Administrative Complaint.
Aug. 26, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 26, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 26, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Aug. 26, 2016 Petitioner's Motion to Amend Administrative Complaint filed.
Aug. 25, 2016 Order of Pre-hearing Instructions.
Aug. 25, 2016 Notice of Hearing by Video Teleconference (hearing set for October 11, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 16, 2016 Initial Order.
Aug. 15, 2016 Administrative Complaint filed.
Aug. 15, 2016 Election of Rights filed.
Aug. 15, 2016 Notice of Appearance (Steve Rossi).
Aug. 15, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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