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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JENNIFER WAINWRIGHT, 18-001598PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-001598PL Visitors: 37
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JENNIFER WAINWRIGHT
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Gainesville, Florida
Filed: Mar. 26, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 7, 2018.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-1751 JENNIFER J. WAINWRIGHT, Respondent. _ / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JENNIFER J. WAINWRIGHT. 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 753356, covering the areas of Educational Leadership, Elementary Education, Mathematics and Reading, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at P.K. Yonge Developmental Research School. MATERIAL ALLEGATIONS 3. During the 2016-2017 school year, Respondent engaged in inappropriate conduct during class when she made disparaging and embarrassing comments towards students, including statements to the effect of: a. Answering student questions by stating, “No duh!” JENNIFER J. WAINWRIGHT Administrative Complaint Page 2 of 3 b. Accusing and chastising student J.H.,a 19 year old male, for having chewing tobacco or ‘dip’ in his mouth when she had knowledge that was not true. c. Accusing student J.H. of lying about not having internet access at home, and asking the technology staff whether or not J.H. was lying in the presence of other students. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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) JENNIFER J. WAINWRIGHT 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 Ut) day of a, 2017. Md, Ltcecrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-001598PL
Issue Date Proceedings
Jun. 07, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 01, 2018 Witnesses for Hearing filed by Respondent.
May 31, 2018 Petitioner's Notice of Voluntary Dismissal without Prejudice filed.
May 31, 2018 Reponse to Motion for Case Status Conference, Order to Show Cause and Relinquish Jurisdiction filed.
May 29, 2018 Petitioner's Motion for Case Status Conference, Order to Show Cause, and in the alternative, Motion to Relinquish Jurisdiction filed.
May 02, 2018 Order Granting Continuance and Rescheduling Hearing (hearing set for June 15, 2018; 9:00 a.m.; Gainesville, FL).
Apr. 30, 2018 Unopposed Motion to Continue Final Hearing filed.
Apr. 11, 2018 Petitioner's Notice of Communication with Respondent filed.
Apr. 11, 2018 Petitioner's Motion for Order to Show Cause and in the Alternative, Motion to Relinquish Jurisdiction filed.
Apr. 04, 2018 Order of Pre-hearing Instructions.
Apr. 04, 2018 Notice of Hearing (hearing set for May 23, 2018; 9:00 a.m.; Gainesville, FL).
Apr. 02, 2018 Petitioner's Response to Initial Order filed.
Mar. 26, 2018 Initial Order.
Mar. 26, 2018 Administrative Complaint filed.
Mar. 26, 2018 Election of Rights filed.
Mar. 26, 2018 Letter to Jennifer Wainwright from Gretchen Brantley regarding rejecting your request to proceed to a formal hearing filed.
Mar. 26, 2018 Request for Administrative Hearing filed.
Mar. 26, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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