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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs POLLY DEMMA, 00-003927PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003927PL Visitors: 13
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
Nw \ud/ 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, =” lowe Tom Gallagher TG/jh 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 wu U O 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.
Source:  Florida - Division of Administrative Hearings

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