Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MELISSA COWEN
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Port St. Lucie, Florida
Filed: Sep. 26, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 17, 2017.
Latest Update: Nov. 16, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 156-1926
MELISSA S. COWEN,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against MELISSA 8. COWEN. 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 1103631, covering the areas
of Art, Elementary Education and English for Speakers of Other Languages (ESOL), which is
valid through June 30, 2021.
2. At all times pertinent hereto, the Respondent was employed as a Kindergarten
Teacher at Pinewood Elementary School in the Martin County School District.
MATERIAL ALLEGATIONS
3. On or about December 4, 2015, a kindergarten student, B.H., and his mother
reported to Respondent that another of Respondent’s kindergarten students, J.J., was being
abused at home. Specifically, B.H. reported to Respondent that J.J. stated that he, J.J., “sucked
his brother’s dick” when J.J.’s grandmother was not home. Respondent failed to report the actual
or suspected child abuse to the Department of Children and Families until December 7, 2015.
MELISSA S. COWEN
Administrative Complaint
Page 2 of 2
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(b), Florida Statutes,
in that Respondent knowingly failed to report actual or suspected child abuse as required in s,
1006.061 or report alleged misconduct by instructional personnel or school administrators which
affects the health, safety, or welfare of students as required in s. 1012.796.
COUNT 2: 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 mules.
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.08 1(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 Conimission 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 |8% day of August , 2016,
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-005371PL
Issue Date |
Proceedings |
Nov. 17, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 16, 2017 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Nov. 15, 2017 |
Order Denying Motion for Continuance.
|
Nov. 15, 2017 |
Order Denying Motion to Relinquish Jurisdiction.
|
Nov. 14, 2017 |
CASE STATUS: Motion Hearing Held. |
Nov. 14, 2017 |
Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 13, 2017 |
Petitioner's Notice of Reliance filed.
|
Nov. 09, 2017 |
Respondent's Motion to Continue Final Hearing filed.
|
Nov. 07, 2017 |
Motion to Relinquish Jurisdiction to EPC In Absence of Disputed Material Facts filed.
|
Oct. 05, 2017 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 05, 2017 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Oct. 05, 2017 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Oct. 02, 2017 |
Order of Pre-hearing Instructions.
|
Oct. 02, 2017 |
Notice of Hearing by Video Teleconference (hearing set for November 20, 2017; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
|
Sep. 29, 2017 |
Joint Response to Initial Order filed.
|
Sep. 26, 2017 |
Initial Order.
|
Sep. 26, 2017 |
Notice of Appearance (Nicholas Caggia).
|
Sep. 26, 2017 |
Administrative Complaint filed.
|
Sep. 26, 2017 |
Election of Rights filed.
|
Sep. 26, 2017 |
Agency referral filed.
|