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PAM STEWART, AS COMMISSIONER OF EDUCATION vs STEVEN ACQUAFRESCA, 17-005522PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005522PL Visitors: 12
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN ACQUAFRESCA
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Education
Locations: Naples, Florida
Filed: Oct. 06, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 6, 2018.

Latest Update: Jun. 15, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0055 STEVEN LOUIS ACQUAFRESCA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEVEN LOUIS ACQUAFRESCA. 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 1149935, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Prekindergarten/Primary Education, Reading and Gifted, which is valid through June 30, 2020. 2, At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Big Cypress Elementary School in the Collier County School District. MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, Respondent engaged in inappropriate conduct with his fourth grade students including: a) Putting his arm around and hugging students D.Z. and J.C.; b) Rubbing the backs or shoulders of students D.Z. and J.C.; c) Making students D.Z. and J.C. sit in his lap; d) Holding the hands of students D.Z., J.C., and C.W.; STEVEN LOUIS ACQUAFRESCA Administrative Complaint Page 2 of 3 e) Petting or touching student C.W.’s hair; and f) Giving students D.Z. and J.C. clothes and/or food. 4. Respondent’s conduct alleged in paragraph 3 herein made his students, including, DZ, J.C., C.W., L.V., and K.S., feel embarrassed, unsafe, and uncomfortable at school. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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(2)(a)1, 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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) STEVEN LOUIS ACQUAFRESCA 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 /BAC day of_Mnudey 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005522PL
Issue Date Proceedings
Mar. 06, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 05, 2018 Notice of Voluntary Dismissal filed.
Feb. 28, 2018 Order Granting Continuance (parties to advise status by March 6, 2018).
Feb. 26, 2018 Joint Motion to Continue Hearing filed.
Feb. 20, 2018 Notice of Unavailability filed.
Jan. 17, 2018 Order Granting Motion to Amend Administrative Complaint
Jan. 16, 2018 Petitioner's Amended Motion to Amend Administrative Complaint filed.
Jan. 12, 2018 Petitioner's Motion to Amend Administrative Complaint filed.
Jan. 04, 2018 Order Granting Continuance and Rescheduling Hearing (hearing set for March 14, 2018; 9:00 a.m.; Naples, FL).
Jan. 04, 2018 Notice of Transfer.
Jan. 03, 2018 Joint Motion to Continue Hearing filed.
Nov. 16, 2017 Notice of Service of Respondent's Responses to Discovery filed.
Nov. 14, 2017 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Nov. 06, 2017 Order Granting Continuance and Rescheduling Hearing (hearing set for January 24, 2018; 9:30 a.m.; Tallahassee, FL).
Nov. 03, 2017 Joint Motion to Continue Final Hearing filed.
Oct. 25, 2017 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 25, 2017 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 25, 2017 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 17, 2017 Order of Pre-hearing Instructions.
Oct. 17, 2017 Notice of Hearing (hearing set for November 21, 2017; 9:30 a.m.; Tallahassee, FL).
Oct. 09, 2017 Initial Order.
Oct. 06, 2017 Notice of Appearance (Carol Buxton).
Oct. 06, 2017 Administrative Complaint filed.
Oct. 06, 2017 Election of Rights filed.
Oct. 06, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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