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.
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Feb. 10, 2021 |
Acknowledgment of New Case, DCA Case No. 4D21-0750 filed.
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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).
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Jan. 07, 2021 |
Order Denying Respondent's Motion to Dismiss for Lack of Jurisdiction.
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Jan. 07, 2021 |
Joint Motion to Continue Hearing filed.
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Jan. 06, 2021 |
CASE STATUS: Motion Hearing Held. |
Dec. 28, 2020 |
Petitioner's Response to Respondent's Motion to Abate filed.
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Dec. 23, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for January 6, 2021; 3:00 p.m., Eastern Time).
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Dec. 17, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for December 22, 2020; 2:00 p.m., Eastern Time).
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Dec. 16, 2020 |
Petitioner's Response to Respondent's Motion to Dismiss filed.
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Dec. 14, 2020 |
Motion to Dismiss Lack of Jurisdiction filed.
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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.
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Nov. 17, 2020 |
Notice of Appearance (David Henry) filed.
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Nov. 17, 2020 |
Respondent's Response to Petitioner's Request for Production filed.
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Nov. 17, 2020 |
Respondent's Second Request for Production filed.
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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).
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Nov. 03, 2020 |
Joint Motion to Continue Hearing filed.
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Oct. 30, 2020 |
Order Denying Respondent's Motion to Compel Better Answers to Respondent's Interrogatories.
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Oct. 29, 2020 |
Petitioner's Response to Respondent's Notice of Reliance filed.
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Oct. 27, 2020 |
Notice of Reliance on Supplemental Authority re: Attorney Signing Oath on Interrogatories filed.
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Oct. 27, 2020 |
Respondent's Notice of Serving Second Set of Interrogatories to Petitioner filed.
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Oct. 22, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for October 26, 2020; 10:30 a.m., Eastern Time).
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Oct. 21, 2020 |
Petitioner's Response to Respondent's Motion to Compel filed.
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Oct. 20, 2020 |
Motion to Compel Better Answers to Respondent's Interrogatories filed.
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Oct. 20, 2020 |
Respondent's Request for Production filed.
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Oct. 20, 2020 |
Respondent's First Set of Request for Admissions to Petitioner filed.
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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).
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Sep. 11, 2020 |
Respondent's Notice of Serving Interrogatories to Petitioner filed.
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Sep. 11, 2020 |
Respondent's Notice of Serving Expert Interrogatories to Petitioner filed.
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Sep. 11, 2020 |
Respondent, Andrew Nedina's Notice of Serving Answers to Plaintiffs First Set of Interrogatories filed.
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Sep. 09, 2020 |
Joint Motion to Continue Hearing filed.
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Sep. 04, 2020 |
Petitioner's Counsel's Notice of Withdrawal of Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
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Sep. 02, 2020 |
Response to Request for Admissions filed.
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Sep. 02, 2020 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
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Aug. 19, 2020 |
Order Granting Motion to Amend Administrative Complaint
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Aug. 17, 2020 |
Unopposed Motion to Amend the Administrative Complaint filed.
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Jul. 28, 2020 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
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Jul. 28, 2020 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
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Jul. 20, 2020 |
Order of Pre-hearing Instructions.
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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).
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Jul. 17, 2020 |
Joint Response to Initial Order filed.
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Jul. 09, 2020 |
Initial Order.
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Jul. 08, 2020 |
Notice of Appearance (Russell Williams).
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Jul. 08, 2020 |
Administrative Complaint filed.
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Jul. 08, 2020 |
Finding of Probable Cause filed.
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Jul. 08, 2020 |
Revised Election of Rights filed.
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Jul. 08, 2020 |
Agency referral filed.
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CASE STATUS: Motion Hearing Held. |