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.
|