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PAM STEWART, AS COMMISSIONER OF EDUCATION vs TRACY FARTHING, 17-006737PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006737PL Visitors: 10
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TRACY FARTHING
Judges: R. BRUCE MCKIBBEN
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Dec. 18, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 2, 2018.

Latest Update: May 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-2102 TRACY L. FARTHING, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against TRACY L. FARTHING, 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 1029076, covering the areas of Prekindergarten/Primary Education and Exceptional Student Education (ESE), which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten: ESE Teacher at Atlantic Beach Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about September 23, 2016, Respondent yelled at and grabbed G.R., a female pre-kindergarten (pre-k) student, by the arm and dragged her to the back of the classroom for writing on herself with a dry erase marker. Respondent continued to verbally berate G.R. while Respondent cleaned the dry erase marker off of G.R. 4, On or about September 23, 2016, Respondent yelled at and grabbed T.M., a female pre-k student, by the arm and yanked her to her feet. Respondent pulled T.M. to the back TRACY L. FARTHING Administrative Complaint Page 2 of 3 of the classroom where she forced the child onto a mat as she verbally berated the child. Respondent then forced T.M. to lay down on the mat. Respondent then stood over and continued to berate T.M. 5. On or about September 23, 2016, Respondent grabbed J.G., a male pre-k student, and dragged him to another part of the classroom where she physically positioned J.G. on a mat as she verbally berated him. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), 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(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 3: = 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) TRACY L, FARTHING 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 L@W~ dayot uly , 2017. ) Ps / hip. PTH t PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-006737PL
Source:  Florida - Division of Administrative Hearings

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