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PAM STEWART, AS COMMISSIONER OF EDUCATION vs HOLLY BAMONTE, 16-004969PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004969PL Visitors: 22
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: HOLLY BAMONTE
Judges: YOLONDA Y. GREEN
Agency: Department of Education
Locations: Pensacola, Florida
Filed: Aug. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 18, 2016.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-3079 HOLLY ANN BAMONTE, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against HOLLY ANN BAMONTE. 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 838356, covering the area of Elementary Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Bellview Elementary Schoo! in the Escambia County School District. MATERIAL ALLEGATIONS 3. During the 2013/2014 school year, Respondent provided alcoho] to minor, high school students in her home and/or purchased alcoho! for students. Respondent allowed students to consume alcoho! in her presence and Respondent personally consumed alcoho! in the presence of students. 4, On or about August 8, 2014, Respondent was charged with one count of Contributing to the Delinquency of a Minor. On or about August 29, 2014, Respondent pled no contest to the charge and the court withheld adjudication of guilt. HOLLY ANN BAMONTE Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 effectiveness as an employee of the school board, COUNT 2: 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 3: 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 ot 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 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 (G'day of Fupmacwa 2016. f 1, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-004969PL
Issue Date Proceedings
Nov. 18, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 18, 2016 Motion to Cancel Formal Hearing, Close File and for Remand to the Education Practices Commission filed.
Oct. 27, 2016 Petitioner's Notice of Taking Depositions filed.
Oct. 19, 2016 Petitioner's Notice of Request to Depose Witnesses filed.
Oct. 17, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 5, 2016; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL; amended as to ).
Oct. 17, 2016 Petitioner's Renewed and Clarified Unopposed Motion for Continuance filed.
Oct. 14, 2016 Order Denying Continuance of Final Hearing.
Oct. 14, 2016 Petitioner's Unopposed Motion for Continuance filed.
Oct. 13, 2016 Notice of Transfer.
Oct. 04, 2016 Amended Notice of Taking Respondent's Deposition filed.
Sep. 26, 2016 Notice of Taking Respondent's Deposition filed.
Sep. 07, 2016 Order of Pre-hearing Instructions.
Sep. 07, 2016 Notice of Hearing by Video Teleconference (hearing set for November 2, 2016; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
Sep. 06, 2016 Petitioner's Unilateral Response to Initial Order filed.
Aug. 30, 2016 Petitioner's Request for Admissions filed.
Aug. 30, 2016 Petitioner's First Request for Production of Documents filed.
Aug. 30, 2016 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
Aug. 29, 2016 Initial Order.
Aug. 29, 2016 Administrative Complaint filed.
Aug. 29, 2016 Election of Rights filed.
Aug. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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