Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: MARY J. MCELRATH
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 05, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 22, 2002.
Latest Update: Jan. 09, 2025
. By f "3 -
STATE OF FLORIDA oo, EA
EDUCATION PRACTICES COMMISSION “< 42 _ 5 p a
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CHARLIE CRIST, as ae
Commissioner of Education, UE pe PE
Petitioner,
vs. CASE NO. 001-0300-V
MARY J. MCELRATH,
Respondent.
ADMINISTRATIVE COMPLI AINT
Petitioner, CHARLIE CRIST, as Commissioner of Hducation, files this Administrative
Complaint against Mary J. McElrath. The Petitioner seeks the appropriate disciplinary sanction
of the Respondent’s educator’s certificate pursuant to Secticns 231.262 and 231.2615, Florida
Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional
Conduct for the Education Profession in Florida, said sancticns specifically set forth in Sections
231.262(6) and 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
- 4. Th Resp nt holds Fl a educator’s certif icate 601934, covering the areas of
English, which is valid through June 30, 2003.
2. At all times pertinent hereto, the Respondent was employed as a teacher at Miami
» Jackson Senior High School, in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about February 23, 2000, Respondent battered another school employee when
she sprayed mace and pepper spray into his eyes. Responden: was upset because the victim had
delayed helping her get her computer set up for Internet accuss. Respondent was arrested and
charged with Battery. On or about April 11, 2000 the cour withheld adjudication and placed
Respondent on two years probation, community service, court costs and fees, and no association
with the victim. ; :
Mary J. McElrath ~
Administrative Complaint...
Page 2 of 2°
STATUTORY VIOLATIONS
COUNT 1: The allegations of misconduct set “orth herein are in violation of Section
231.2615(1)(c), Florida Statutes, in that Respondent has bzen guilty of gross immorality or an act
involving moral turpitude.
COUNT 2: The allegations of misconduct set ‘orth herein are in violation of Section
231.2615(1)(f), Florida Statutes, in that Respondent, upor investigation, has been found guilty of
personal conduct which seriously reduces her effectiveness as an employee of the school board.
COUNT 3: The allegations of misconduct set forth herein are in violation of Section
231.2615(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.
RULE VIOLATIONS
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or
discriminatory conduct which unreasonably interfered with an individual’s performance of
professional or work responsibilities or with the orderly processes of education or which created
a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make
reasonable effort to assure that each individual was protected from such harassment or
discrimination.
WHEREFORE, the Petitioner recommends that the Education Practices Commission —
impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and
231.2615(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 teachin: certificate, or combination thereof, for
_ the reasons set forth herein, and in accordance with the L'xplanation and Election of Rights forms
~ which are attached hereto. and made a part hereof by re“erence.
EXECUTED on this / day of : heb , , 2001.
CHARLIE CRIST, as
Commissioner of Education, —
State of Florida
Richards, Kathleen
From:
. Sent:
To:
Subject:
Importance:
kr-
Lite mneiinN ii Reine
Stowers, Ron
Wednesday, March 27, 2002 9:56 AM ; -
Richards, Kathleen; Odom, Tamara; Stowers, ion
whitelock formals Se
High
charles whitelock has requested the following 23 cases be sent to doah for iormal hearing. chuck will be representing the
department in these cases. you do not have to send all of them at once anc it is Ok to streach out their delivery to doah
over the next 2 to 3 weeks. thanx.
robert alonso
genear brown
isabelle camille
donovan collins
robert cooper
ivy dominguez
gloria forbes
ellen goldberg
charles harris
monica hernandez
henry hill
sharon horn
terrance jett
steven kaye
gretchen marsh
mary mcelrath
andrew petter
charles redler _
harry rolle
lynne rushing
eric stephens
devon son
reginald white
Docket for Case No: 02-001374PL
Issue Date |
Proceedings |
Jul. 22, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 18, 2002 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed via facsimile).
|
Jul. 16, 2002 |
Petitioner`s Motion to Compel/Motion for Sanctions and Motion to Continue (filed via facsimile).
|
May 06, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 29 and 30, 2002; 9:30 a.m.; Miami, FL).
|
May 01, 2002 |
Respondent`s Unopposed Motion for Continuance of Hearing (filed via facsimile).
|
Apr. 19, 2002 |
Order of Pre-hearing Instructions issued.
|
Apr. 19, 2002 |
Notice of Hearing issued (hearing set for June 6 and 7, 2002; 9:30 a.m.; Miami, FL).
|
Apr. 15, 2002 |
Notice of Appearance (filed by Petitioner via facsimile).
|
Apr. 15, 2002 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Apr. 05, 2002 |
Administrative Complaint filed.
|
Apr. 05, 2002 |
Election of Rights filed.
|
Apr. 05, 2002 |
Agency referral filed.
|
Apr. 05, 2002 |
Initial Order issued.
|