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PAM STEWART, AS COMMISSIONER OF EDUCATION vs AWILDA TORRES, 16-005843PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005843PL Visitors: 18
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: AWILDA TORRES
Judges: JOHN D. C. NEWTON, II
Agency: Department of Education
Locations: Naples, Florida
Filed: Oct. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 21, 2016.

Latest Update: May 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-0076 AWILDA TORRES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against AWILDA TORRES. 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 804508, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Lake Trafford Elementary School in the Collier County School District. MATERIAL ALLEGATIONS 3. In or around August 2013, Respondent signed the Collier County Public Schools Test Administration and Security Agreement whereby Respondent agreed, among other things, to maintain the security of District benchmark tests, to not read or view test passages, to not change or otherwise interfere with student responses to test items, and to not give students verbal or non-verbal cues. AWILDA TORRES Administrative Complaint Page 2 of 3 4. On or about February 19, 2014, Respondent improperly assisted students when she administered benchmark portfolio assessments by indicating to students when they had a wrong answer and providing the students an opportunity to make corrections. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5){a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. GIGNATURE ON FOLLOWING PAGE) AWILDA TORRES 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 ¢™ — dayof November 2015. Commissioner of Education State of Florida

Docket for Case No: 16-005843PL
Issue Date Proceedings
Dec. 21, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 20, 2016 Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Dec. 16, 2016 Notice of Unavailability filed.
Dec. 13, 2016 Notice of Service of Respondent's Second Request for Production filed.
Nov. 14, 2016 Respondent's Notice of Service of Responses to Discovery filed.
Nov. 11, 2016 Respondents Notice of Service of Interrogatories and Request for Production filed.
Nov. 07, 2016 Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for January 3, 2017; 9:00 a.m.).
Nov. 07, 2016 Unopposed Motion to Continue Telephonic Prehearing Conference filed.
Nov. 02, 2016 Notice of Telephonic Pre-hearing Conference (set for December 29, 2016; 9:00 a.m.).
Nov. 02, 2016 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 12, 2017; 9:00 a.m.; Naples, FL).
Nov. 01, 2016 Unopposed Motion to Continue Final Hearing filed.
Oct. 25, 2016 Notice of Telephonic Status Conference (status conference set for November 4, 2016; 9:00 a.m.).
Oct. 20, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 20, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 20, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 20, 2016 Order of Pre-hearing Instructions.
Oct. 20, 2016 Notice of Hearing (hearing set for December 12, 2016; 9:00 a.m.; Naples, FL).
Oct. 20, 2016 Notice of Transfer.
Oct. 13, 2016 Joint Response to Initial Order filed.
Oct. 07, 2016 Initial Order.
Oct. 07, 2016 Administrative Complaint filed.
Oct. 07, 2016 Election of Rights filed.
Oct. 07, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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