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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs VERA HERTL, 02-003944PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003944PL Visitors: 2
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: VERA HERTL
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Oct. 11, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 27, 2003.

Latest Update: Oct. 03, 2024
LA FRM Y PC STATE OF FLORIDA EDUCATION PRACTICES COMMISSION “2 0AT ve OS I] ANE ao ors CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1780-V VERA HERTL, Respondent. ADMINISTRATIVE COMPLAINT . Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against VERA HERTL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to Sections 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 sanctions specifically set forth in Sections 231.262(6) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida educator’s certificate 453022, covering the area of political science with a middle grades endorsement, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as a social studies teacher at Lake Stevens Middle School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 8, 2001, the Respondent inappropriately disciplined S.G., a male student whose date of birth is March 6, 1988, by kicking him in the back against his will. A Conference for the Record was conducted by the principal on or about May 3, 2001. Vera Hertl Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(1)(i), 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 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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) 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 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 8 dayof MAY , 2002. , Auk Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-003944PL
Issue Date Proceedings
Jan. 27, 2003 Order Closing File issued. CASE CLOSED.
Jan. 24, 2003 Respondent`s Vera Hertl`s Response to Petitioner`s Notice of Dismissal or in the Alternative, Motion to Relinquish Jurisdiction (filed via facsimile).
Jan. 23, 2003 Notice of Dismissal or in the Alternative, Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 22, 2003 Notice of Dismissal or in the Alternative, Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 21, 2003 Unilateral Prehearing Stipulation (filed by Petitioner via facsimile).
Jan. 13, 2003 Respondent, Vera Hertl`s, Compliance With Order of Pre-Hearing Instructions (filed via facsimile).
Jan. 10, 2003 Order Denying Respondent`s Motion for Protective Order issued. (request for attorney`s fees is denied)
Jan. 09, 2003 Amended Notice of Taking Deposition (D. Brown) filed via facsimile.
Jan. 08, 2003 Cross-Notice of Taking Depositions (C. Green, D. Brown and S. Cook) filed via facsimile.
Jan. 03, 2003 Subpoena ad Testificandum (2), (S. Green and D. Brown) filed via facsimile.
Jan. 03, 2003 Subpoena Duces Tecum (S. Cook) filed via facsimile.
Jan. 03, 2003 Notice of Taking Deposition (V. Hertl) filed via facsimile.
Jan. 03, 2003 ReNotice of Taking Deposition (S. Green, D. Brown and S. Cook) filed via facsimile.
Jan. 03, 2003 Cross-Notice of Taking Deposition (D. Ison, S. Robinson and E. McKinsey) filed via facsimile.
Jan. 03, 2003 Notice of Taking Deposition (D. Isom, S. Robinson and E. McKinsey) filed via facsimile.
Jan. 03, 2003 Memorandum in Opposition to Respondent`s Motion for Protective Order (filed by Petitioner via facsimile).
Dec. 31, 2002 Subpoena Duces Tecum Without Deposition (Record Custodian of Lake Stevens Middle School) filed via facsimile.
Dec. 31, 2002 Respondent`s Motion for Protective Order (filed via facsimile).
Dec. 30, 2002 Order Granting Substitution of Counsel issued. (the law office of Richard B. Marx & Associates is substituted as counsel for Respondent)
Dec. 27, 2002 Notice of Taking Deposition (Record Custodian of Lake Stevens Middle School) filed via facsimile.
Dec. 20, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for February 5, 2003; 9:30 a.m.; Miami, FL).
Dec. 18, 2002 Memorandum in Opposition to Respondent`s Motion for Protective Order (filed by Petitioner via facsimile).
Dec. 18, 2002 Respondent`s Motion to Extend Discovery Cut-Off Date (filed via facsimile).
Dec. 18, 2002 Stipulation and Order of Substitution of Counsel for Respondent, Vera Hertl (filed by R. Marx).
Dec. 17, 2002 Respondent`s Motion for Protective Order (filed via facsimile).
Dec. 17, 2002 Petitioner`s Motion for Continuance of Formal Hearing Scheduled for January 14, 2003 (filed via facsimile).
Dec. 11, 2002 Amended Notice of Taking Depositions (S. Green and R. Brown) filed via facsimile.
Dec. 11, 2002 Notice of Taking Deposition (D. Isom, S. Robinson and E. McKinsey) filed via facsimile.
Dec. 09, 2002 Notice of Taking Deposition (S. Green and R. Brown) filed via facsimile.
Nov. 22, 2002 Notice of Taking Deposition (D. Isom) filed via facsimile.
Nov. 05, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 14, 2003; 9:30 a.m.; Miami, FL).
Nov. 04, 2002 Respondent`s Motion for Continuance (filed via facsimile).
Oct. 28, 2002 Order of Pre-hearing Instructions issued.
Oct. 28, 2002 Notice of Hearing issued (hearing set for January 9, 2003; 9:30 a.m.; Miami, FL).
Oct. 22, 2002 Joint Response to Initial Order (filed via facsimile).
Oct. 14, 2002 Initial Order issued.
Oct. 11, 2002 Administrative Complaint filed.
Oct. 11, 2002 Election of Rights filed.
Oct. 11, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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