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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs SUSAN OYER, 19-005244PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005244PL Visitors: 45
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: SUSAN OYER
Judges: ROBERT L. KILBRIDE
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Oct. 02, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 5, 2020.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commnissioner of Education, Petitioner, vs. CASE NO. 178-1163 SUSAN EVE OYER, Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against SUSAN EVE OYER. 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: SCRISDICTION 1, The Respondent holds Florida Educator’s Certificate 750236, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and Social Science, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at Boca Raton Community Middle School in the Palm Beach County School District. ° MATERIAL ALLEGATIONS 3. During the (hal school year, The Respondent made inappropriate and demeaning comments in the presence and/or towards students. The comments include, but are not limited to: (a) “Oh look atm not even American talking,” (which embarrassed the student); (b) “I’m surprised your parents haven’t thrown you to a wall;” and (c) “I’m going to call immigration on you,” or statements/words to that affect. EeR-S SUSAN EVE OYER 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 embarrassment 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. g* EXECUTED on this day of Decem be r__, 2018. 4 / ‘hes OOOO PAM STEWART, as Commissioner of Education State of Florida E@R-6

Docket for Case No: 19-005244PL
Issue Date Proceedings
Feb. 05, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 04, 2020 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Feb. 03, 2020 Notice of Scheduling Court Reporter filed.
Jan. 15, 2020 Order Denying Motion for Stay and/or Rescheduling.
Jan. 14, 2020 Joint Motion for Stay and/or Rescheduling filed.
Oct. 25, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 11 through 13, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Oct. 24, 2019 Agreed Motion for Continuance of Hearing filed.
Oct. 21, 2019 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 21, 2019 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 21, 2019 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 15, 2019 Order of Pre-hearing Instructions.
Oct. 15, 2019 Notice of Hearing by Video Teleconference (hearing set for November 25 and 27, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Oct. 10, 2019 Amended Joint Response to Initial Order filed.
Oct. 10, 2019 Joint Response to Initial Order filed.
Oct. 03, 2019 Initial Order.
Oct. 02, 2019 Letter from Thomas Johnson regarding representation filed.
Oct. 02, 2019 Election of Rights filed.
Oct. 02, 2019 Administrative Complaint filed.
Oct. 02, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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