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: Jan. 10, 2025
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).
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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)
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Jan. 09, 2003 |
Amended Notice of Taking Deposition (D. Brown) filed via facsimile.
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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.
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Jan. 03, 2003 |
Subpoena Duces Tecum (S. Cook) filed via facsimile.
|
Jan. 03, 2003 |
Notice of Taking Deposition (V. Hertl) filed via facsimile.
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Jan. 03, 2003 |
ReNotice of Taking Deposition (S. Green, D. Brown and S. Cook) filed via facsimile.
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Jan. 03, 2003 |
Cross-Notice of Taking Deposition (D. Ison, S. Robinson and E. McKinsey) filed via facsimile.
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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.
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Dec. 20, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for February 5, 2003; 9:30 a.m.; Miami, FL).
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Dec. 18, 2002 |
Memorandum in Opposition to Respondent`s Motion for Protective Order (filed by Petitioner via facsimile).
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Dec. 18, 2002 |
Respondent`s Motion to Extend Discovery Cut-Off Date (filed via facsimile).
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Dec. 18, 2002 |
Stipulation and Order of Substitution of Counsel for Respondent, Vera Hertl (filed by R. Marx).
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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).
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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.
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Dec. 09, 2002 |
Notice of Taking Deposition (S. Green and R. Brown) filed via facsimile.
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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).
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Nov. 04, 2002 |
Respondent`s Motion for Continuance (filed via facsimile).
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Oct. 28, 2002 |
Order of Pre-hearing Instructions issued.
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Oct. 28, 2002 |
Notice of Hearing issued (hearing set for January 9, 2003; 9:30 a.m.; Miami, FL).
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Oct. 22, 2002 |
Joint Response to Initial Order (filed via facsimile).
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Oct. 14, 2002 |
Initial Order issued.
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Oct. 11, 2002 |
Administrative Complaint filed.
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Oct. 11, 2002 |
Election of Rights filed.
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Oct. 11, 2002 |
Agency referral filed.
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