Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: POLLY DEMMA
Judges: MARY CLARK
Agency: Department of Education
Locations: Tampa, Florida
Filed: Sep. 25, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 1, 2000.
Latest Update: Dec. 24, 2024
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FLORIDA DEPARTMENT OF EDUCATION 2.
TALLAHASSEE, FLORIDA 32399-0400
Tom Gallagher
Commissioner
August 21, 2000
Ms. Polly Demma
7100 Sunshine Skyway Lane
St. Petersburg, Florida 33711 CERTIFIED MAIL
RE: Finding of Probable Cause
SSN: 238-76-0719
Dear Ms. Demma:
Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule
6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that
probable cause exists to justify sanctions against your certificate as provided in Sections
231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand,
probation, restriction of the scope of practice, suspension not to exceed three years,
revocation not to exceed ten years or the permanent revocation of your teaching certificate.
An Administrative Complaint, Explanation and Election of Rights forms have been enclosed.
Should you have any questions regarding this matter, contact the Office of Professional
Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399,
(850) 488-2481.
Sincerely,
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Tom Gallagher
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ENCLOSURES
Plaza Level, The Capitol © Tallahassee, Florida 32399-0400
(850) 487-1785 ¢ Fax (850) 413-0378
http://www.firn.edu/doe
An affirmative action/equal opportunity employer
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STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
TOM GALLAGHER, as
Commissioner of Education,
Petitioner,
vs. ’ CASE NO. 990-1445-C
» POLLY DEMMA,
Respondent.
ADMINISTRATIVE COMPLAINT.
Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative
Complaint against Polly Demma. The Petitioner seeks the appropriate disciplinary sanction of the
Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and
pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the
Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and
231.28(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 551045, covering the areas of
ESOL and English, which is valid through June 30, 2005.
2. At all times pertinent hereto, the Respondent was employed as an English teacher at
Robinson High School, in the Hillsborough County School District.
MATERIAL ALLEGATIONS
3. During the 1997-1998 and 1998-1999 school years, Respondent acted inappropriately
when she filed false “sexual harassment” complaints against several of her male students.
Additionally, Respondent had a pattern of belittling and being intentionally rude to her students and
would pick on a particular student in a class in a way that would eventually result in the student
leaving her class or transferring to another school. Respondent also treated students and parents in
a threatening, demeaning and manner that created an environment in her classroom not conducive.
to the learning of the students. Respondent also made a false claim against her Principal of sexual
harassment; continually made unsubstantiated claims against the administration of the district;
Polly Demma
Administrative Complaint
2 of 3
misrepresented statements of her fellow faculty members and other wise became a disruptive force
to an educational environment of Blake High School. On or about April 22, 1999, Respondent
received a letter of reprimand from the school district and was transferred to another school for the
following school year.
4. During the 1999-2000 school year, Respondent continued to act in an aggressive,
vindictive and mean manner toward students in her class at Robinson High School. Respondent
_received many complaints from parents. On or about October 12, 1999, Respondent made false
accusations of assault against a parent and falsely claimed that the parent stole money from her
purse.
STATUTORY VIOLATIONS
COUNT 1: The allegations of misconduct set forth herein are in violation of Section
231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act
involving moral turpitude.
COUNT 2: The allegations of misconduct set forth herein are in violation of Section
231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct
for the Education Profession in Florida prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(a), 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 safety.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against
a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs,
marital status, handicapping condition, or social and family background and has failed to make
reasonable effort to assure that each student is protected from harassment or discrimination.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
Polly Demma
Administrative Complaint
3 of 3
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally
false statements about a colleague.
WHEREFORE, the Petitioner recommends that the Education Practices Commission
impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and
231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the
authorized scope of practice, administrative fine, suspension of the teaching certificate not to
exceed three years, permanent revocation of the teaching certificate, or combination thereof, for
the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms
which are attached hereto and made a part hereof by reference.
EXECUTED on this 212 day of_ CL pn _, 2000.
Commissionérof Education,
State of Florida
Docket for Case No: 00-003927PL
Issue Date |
Proceedings |
Dec. 01, 2000 |
Order Closing File issued. CASE CLOSED.
|
Nov. 28, 2000 |
Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
|
Nov. 27, 2000 |
Order issued (Joint Motion for Continuance is Denied).
|
Nov. 22, 2000 |
Motion for Continuance filed by Petitioner.
|
Nov. 21, 2000 |
Joint Motion for Continuance (filed via facsimile).
|
Nov. 20, 2000 |
Respondent`s Witness List filed.
|
Nov. 07, 2000 |
Petitioner`s Witness List filed.
|
Nov. 07, 2000 |
Petitioner`s Exhibit List filed.
|
Oct. 31, 2000 |
Order issued. (Respondent`s Motion to Continue is Granted, as reflected in a separate order, Respondent`s Motion for a Bill of Particulars or Motion to Dismiss is Denied). |
Oct. 31, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 5, 2000; 9:00 a.m.; Tampa, FL).
|
Oct. 23, 2000 |
Motion for a Bill of Particulars and, Alternatively, Motion to Dismiss filed by Respondent.
|
Oct. 23, 2000 |
Motion to Continue filed by Respondent.
|
Oct. 23, 2000 |
Answer to Administrative Complaint filed by Respondent.
|
Oct. 11, 2000 |
Notice of Appearance (filed by J. Gonzalez).
|
Oct. 11, 2000 |
Respondent`s Response to Revised Initial Order filed.
|
Oct. 09, 2000 |
Order of Pre-hearing Instructions issued.
|
Oct. 09, 2000 |
Notice of Hearing issued (hearing set for November 14, 2000; 9:00 a.m.; Tampa, FL).
|
Oct. 04, 2000 |
Petitioner`s Respone to Revised Initial Order filed.
|
Sep. 26, 2000 |
Notice of Appearance (filed by R. Weaver).
|
Sep. 25, 2000 |
Initial Order issued. |
Sep. 25, 2000 |
Administrative Complaint filed.
|
Sep. 25, 2000 |
Election of Rights filed.
|
Sep. 25, 2000 |
Agency referral filed.
|