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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs ANDREW MEDINA, 20-003055PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-003055PL Visitors: 108
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: ANDREW MEDINA
Judges: BRITTANY O. FINKBEINER
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Jul. 08, 2020
Status: Set for Hearing by Zoom Conference.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2964 ANDREW MEDINA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against ANDREW MEDINA. 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 1237838, covering the area of Athletic Coaching, which was valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an Athletic Coach at Marjory Stoneman Douglas High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2016/2017 school year, Respondent inappropriately communicated with high schoo lll secdents by making comments that were flirtatious and sexual in nature. Respondent’s comments included but may not have been limited to: a. Onor about February 6, 2017, while on duty at the school, Respondent expressed to || a || grade JEM student, that he would like to take || out and buy [J some drinks. AC-2 ANDREW MEDINA Administrative Complaint Page 2 of 3 b. On or about February 16, 2017, Respondent approached | oe school and inquired what as doing the following weekend and asked [where lJ worked. Respondent told a: he would come by Ms work and flirt with I. Respondent’s comments made [i uncomfortable and as a result, did not go in to work that night. c. In or around February 2017, Respondent, while on duty at school, called an grade MB student, over to where Respondent was standing. te complied, Respondent whispered in IIN’s ear, “You are fine as fuck.” d. Respondent’s comments made and [Iso uncomfortable that each || began taking alternate routes to get to classes in order to avoid being confronted by Respondent. 4. On or about February 14, 2018, while was in his capacity as a campus monitor at Marjory Stoneman Douglas High School, Respondent observed a former student enter the campus without going through security protocol, carrying a suspicious canvas bag approximately three feet in length and acting in a suspicious manner. Even though Respondent recognized the former student as a threat, Respondent failed to act appropriately in that Respondent failed to call a Code Red both when he recognized the threat and after he heard gunshots being fired. A Code Red would have warned students and faculty to shelter in place behind locked doors. 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. (SIGNATURE ON FOLLOWING PAGE) AC-3 ANDREW MEDINA 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. th EXECUTED on this { day of A Lg ust , 2019. ICHARD CORCORAN, as Commissioner of Education State of Florida AC-4

Docket for Case No: 20-003055PL
Issue Date Proceedings
May 10, 2021 BY ORDER OF THE COURT: Ordered that the February 28, 2021 petition for writ of prohibition is denied.
Feb. 10, 2021 Acknowledgment of New Case, DCA Case No. 4D21-0750 filed.
Jan. 08, 2021 Order Denying Motion to Abate, Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 21 through 24, 2021; 9:00 a.m., Eastern Time).
Jan. 07, 2021 Order Denying Respondent's Motion to Dismiss for Lack of Jurisdiction.
Jan. 07, 2021 Joint Motion to Continue Hearing filed.
Jan. 06, 2021 CASE STATUS: Motion Hearing Held.
Dec. 28, 2020 Petitioner's Response to Respondent's Motion to Abate filed.
Dec. 23, 2020 Notice of Telephonic Motion Hearing (motion hearing set for January 6, 2021; 3:00 p.m., Eastern Time).
Dec. 17, 2020 Notice of Telephonic Motion Hearing (motion hearing set for December 22, 2020; 2:00 p.m., Eastern Time).
Dec. 16, 2020 Petitioner's Response to Respondent's Motion to Dismiss filed.
Dec. 14, 2020 Motion to Dismiss Lack of Jurisdiction filed.
Dec. 14, 2020 Respondent Andrew Medina's Motion to Abate Administrative Action, or Alternatively to Abate Administrative Action as It Relates to Certain Claims and for Protective Order filed.
Nov. 17, 2020 Notice of Appearance (David Henry) filed.
Nov. 17, 2020 Respondent's Response to Petitioner's Request for Production filed.
Nov. 17, 2020 Respondent's Second Request for Production filed.
Nov. 05, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for February 8 through 10, 2021; 9:00 a.m., Eastern Time).
Nov. 03, 2020 Joint Motion to Continue Hearing filed.
Oct. 30, 2020 Order Denying Respondent's Motion to Compel Better Answers to Respondent's Interrogatories.
Oct. 29, 2020 Petitioner's Response to Respondent's Notice of Reliance filed.
Oct. 27, 2020 Notice of Reliance on Supplemental Authority re: Attorney Signing Oath on Interrogatories filed.
Oct. 27, 2020 Respondent's Notice of Serving Second Set of Interrogatories to Petitioner filed.
Oct. 22, 2020 Notice of Telephonic Motion Hearing (motion hearing set for October 26, 2020; 10:30 a.m., Eastern Time).
Oct. 21, 2020 Petitioner's Response to Respondent's Motion to Compel filed.
Oct. 20, 2020 Motion to Compel Better Answers to Respondent's Interrogatories filed.
Oct. 20, 2020 Respondent's Request for Production filed.
Oct. 20, 2020 Respondent's First Set of Request for Admissions to Petitioner filed.
Sep. 11, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for December 7 through 10, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 11, 2020 Respondent's Notice of Serving Interrogatories to Petitioner filed.
Sep. 11, 2020 Respondent's Notice of Serving Expert Interrogatories to Petitioner filed.
Sep. 11, 2020 Respondent, Andrew Nedina's Notice of Serving Answers to Plaintiffs First Set of Interrogatories filed.
Sep. 09, 2020 Joint Motion to Continue Hearing filed.
Sep. 04, 2020 Petitioner's Counsel's Notice of Withdrawal of Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Sep. 02, 2020 Response to Request for Admissions filed.
Sep. 02, 2020 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Aug. 19, 2020 Order Granting Motion to Amend Administrative Complaint
Aug. 17, 2020 Unopposed Motion to Amend the Administrative Complaint filed.
Jul. 28, 2020 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jul. 28, 2020 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jul. 20, 2020 Order of Pre-hearing Instructions.
Jul. 20, 2020 Notice of Hearing by Video Teleconference (hearing set for September 23 through 25, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jul. 17, 2020 Joint Response to Initial Order filed.
Jul. 09, 2020 Initial Order.
Jul. 08, 2020 Notice of Appearance (Russell Williams).
Jul. 08, 2020 Administrative Complaint filed.
Jul. 08, 2020 Finding of Probable Cause filed.
Jul. 08, 2020 Revised Election of Rights filed.
Jul. 08, 2020 Agency referral filed.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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