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PAM STEWART, AS COMMISSIONER OF EDUCATION vs COLETTE JAMES, 18-003354PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003354PL Visitors: 77
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: COLETTE JAMES
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jun. 29, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 27, 2018.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-2392 COLETTE JAMES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against COLETTE JAMES. 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 754782, covering the areas of Elementary Education and Pre-Kindergarten/Primary Education , which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Holmes Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about June 3, 2016, Respondent engaged in inappropriate discipline when she grabbed, pinched, slapped in the back of the head, and used soap to wash out the mouth of ES student. COLETTE JAMES Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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(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 embatrassment or disparagement. 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 thisOl* day of November 2017. Ay pecarf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-003354PL
Issue Date Proceedings
Aug. 27, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 15, 2018 Order to Compel.
Aug. 15, 2018 Notice of Ex Parte Communication.
Aug. 14, 2018 Respondent's Response to August 7th Motion to Relinquish Jurisdiction filed.
Aug. 08, 2018 Order to Show Cause.
Aug. 07, 2018 Motion to Relinquish Jurisdiction to EPC In Absence of Disputed Material Facts or Alternatively Motion to Compel filed.
Jul. 17, 2018 Order of Pre-hearing Instructions.
Jul. 17, 2018 Notice of Hearing by Video Teleconference (hearing set for September 5, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
Jul. 09, 2018 Unilateral Response to Initial Order filed.
Jul. 05, 2018 Notice of Service of Petitioner's Request for Production to Respondent filed.
Jul. 05, 2018 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jul. 05, 2018 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jul. 02, 2018 Initial Order.
Jun. 29, 2018 Election of Rights filed.
Jun. 29, 2018 Request for Administrative Hearing filed.
Jun. 29, 2018 Administrative Complaint filed.
Jun. 29, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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