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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs KIMBERLLY VICARS, 19-005136PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005136PL Visitors: 13
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: KIMBERLLY VICARS
Judges: ROBERT J. TELFER III
Agency: Department of Education
Locations: Deland, Florida
Filed: Sep. 25, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 27, 2020.

Latest Update: Jul. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2605 KIMBERLY J. VICARS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against KIMBERLY J. VICARS. 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 1196249, covering the area of English, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at David Hinson Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3, On or about March 30, 2018, Respondent entered a business with the intent to temporarily and/or permanently deprive the business of several merchandise items and convert those items for her own use. She was subsequently arrested on March 30, 2018 and charged with grand theft. On or about September 12, 2018, she pled nolo contendere to grand theft and adjudication was withheld. 4. On or about April 6, 2018, Respondent entered a business with the intent to temporarily and/or permanently deprive the business of several merchandise items and convert FRRB KIMBERLY J. VICARS Administrative Complaint Page 2 of 2 those items for her own use. When she was subsequently arrested on April 6, 2018, she was found to be in possession of twenty-nine (29) hydrocodone pills. She was charged with grand theft and trafficking in hydrocodone. On or about September 12, 2018, she pled nolo contendere to grand theft and adjudication was withheld. 5. Respondent’s above noted conduct amounted to gross immorality. 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. 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 3" day of July , 2019. VAL RICHARD CORCORAN, as Commissioner of Education State of Florida FEBS

Docket for Case No: 19-005136PL
Issue Date Proceedings
Feb. 27, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 26, 2020 Amended Unopposed Motion to Close File filed.
Feb. 26, 2020 Unopposed Motion to Close File filed.
Feb. 19, 2020 Amended Notice of Hearing (hearing set for March 12 and 13, 2020; 9:00 a.m.; Deland; amended as to Designation of Venue).
Jan. 27, 2020 Respondent's Response to Petitioner's Second Set of Interrogatories filed.
Jan. 17, 2020 Petitioner's Amended Witness List filed.
Jan. 13, 2020 Petitioner's Notice of Taking Deposition (expert) filed.
Jan. 13, 2020 Petitioner's Notice of Taking Depositions (Vetter, Billar) filed.
Jan. 13, 2020 Petitioner's Amended Second Notice of Taking Depositions filed.
Jan. 10, 2020 Respondent's Amended Response to Petitioner's Interrogatories Pursuant to Judges Order on Petitioner's Motion to Compel filed.
Dec. 18, 2019 Order on Petitioner's Requests for Official Recognition.
Dec. 17, 2019 Petitioner's Notice of Service of Petitioner's Second Set of Interrogatories to Respondent filed.
Dec. 17, 2019 Petitioner's Second Notice of Taking Depositions filed.
Dec. 12, 2019 Order Granting Continuance and Rescheduling Hearing (hearing set for March 12 and 13, 2020; 9:00 a.m.; Deland).
Dec. 11, 2019 Petitioner's Unopposed Motion to Continue Final Hearing filed.
Dec. 06, 2019 Petitioner's Amended Notice of Taking Depositions filed.
Dec. 06, 2019 Respondent's Response to Petitioner's First Request for Production Pursuant to Judges Order on Petitioner's Motion to Compel filed.
Dec. 06, 2019 Respondent's Response to Petitioner's Interrogatories Pursuant to Judges Order on Petitioner's Motion to Compel filed.
Dec. 06, 2019 Respondent's Response to Petitioner's First Request for Admissions Pursuant to Judges Order on Petitioner's Motion to Compel filed.
Dec. 03, 2019 Petitioner's Notice of Taking Depositions filed.
Nov. 27, 2019 Respondent's courtesy copy of Response to Petitioner's Motion to Compel with attachments filed.
Nov. 27, 2019 Order on Petitioner's Motion to Compel.
Nov. 26, 2019 Amended Order of Pre-hearing Instructions.
Nov. 26, 2019 Notice of Taking Depositions filed.
Nov. 26, 2019 CASE STATUS: Motion Hearing Held.
Nov. 22, 2019 Notice of Telephonic Motion Hearing (motion hearing set for November 26, 2019; 10:00 a.m.).
Nov. 20, 2019 Petitioner's Request for Pre-Hearing Conference and Oral Argument on Petitioner's Motion to Compel and Respondent's Response filed.
Nov. 19, 2019 Respondent's Response to Petitioner's Motion to Compel Discovery filed.
Nov. 12, 2019 Petitioner's Motion to Compel Discovery filed.
Nov. 12, 2019 Petitioner's Motion to Compel Discovery filed.
Nov. 06, 2019 Amended Administrative Complaint filed.
Nov. 05, 2019 (Certificate of Service) Respondent's Notice of Service to Objections to Petitioner's First Request for Admissions filed.
Nov. 05, 2019 (Certificate of Service) Respondent's Notice of Service of Response to Petitioner's First Request for Production of Documents filed.
Nov. 05, 2019 Respondent's Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
Oct. 29, 2019 Order Granting Continuance and Rescheduling Hearing (hearing set for January 14, 2020; 9:00 a.m.; Deland, FL).
Oct. 29, 2019 Order Granting Leave to Amend.
Oct. 25, 2019 Unopposed Motion to Continue filed.
Oct. 25, 2019 Notice of Appearance (Kimberly LaSure) filed.
Oct. 25, 2019 Petitioner's Exhibit List filed.
Oct. 21, 2019 Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Oct. 08, 2019 Petitioner's Witness List filed.
Oct. 08, 2019 Petitioner's Second Request for Official Recognition filed.
Oct. 08, 2019 Petitioner's Request for Official Recognition filed.
Oct. 07, 2019 Notice of Taking Deposition (Vicars) filed.
Oct. 01, 2019 Notice of Hearing (hearing set for November 15, 2019; 9:00 a.m.; Deland, FL).
Oct. 01, 2019 Order of Pre-hearing Instructions.
Sep. 30, 2019 Certificate of Service of Discovery filed.
Sep. 30, 2019 Agreed Upon Response to Initial Order filed.
Sep. 25, 2019 Initial Order.
Sep. 25, 2019 Administrative Complaint filed.
Sep. 25, 2019 Election of Rights filed.
Sep. 25, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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