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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs DONNA FRIED, 03-000383PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000383PL Visitors: 18
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: DONNA FRIED
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Feb. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 26, 2003.

Latest Update: Oct. 04, 2024
STATE OF FLORIDA pos EDUCATION PRACTICES COMMISSION 93 FER 3 “SPH 2: wo Charlie Crist, as Commissioner of Education, Petitioner, D) “A 04 3 PL vs. ee CASE NO. 001-1401-V DONNA FRIED, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Donna Fried. 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 693550, covering the area of Social Science, which was valid through June 30, 2001. 2. Atall times pertinent hereto, the Respondent was employed as a Social Science Teacher at Lake Stevens Middle School in the Miami-Dade County Schoo! District. MATERIAL ALLEGATIONS a een a 3. Onor about February 8, 2001, Respondent pushed a student, M.W., date of birth July 31, 1987, causing him to fall down several stairs and land on the floor. Respondent failed to assist M.W. and prevented other students from doing so. M.W. remained on the floor until a security officer helped him up. Effective February 13, 2001, Respondent resigned her position while under investigation. Donna Fried 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)(f), Florida Statutes, in that Respondent, upon 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(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 5: 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(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 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 25 dayof__ Oc. 2001. Charlie Crist. as Commissioner of Education, State of Florida ” United Teachers of Dade 2200 Biscayne Boulevard « Miami, Florida 33137 305-854-0220 & 3 oo Pat L. Tornillo, Jr. Shirley B. Johnsog, PHD, o v3) UNITED TEACHERS OF DADE President Secretary Dye “yf ee AR November 27, 2000 The Office of Professional Practices Services Florida Education Center, Room 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 RE: Charlie Crist, Commissioner of Education vs. Donna Fried File No.: 001-1401-V To Whom It May Concern: 6 HY 4-I30 10 T enclose herewith my client’s Election of Rights. eh Please be advised I will be representing her through the administrative process. Singsrely, Leslie A. Meek General Counsel Law Department Enclosure cc: Ron Stowers, Esquire w/enclosure Affiliations: Florida Education Association (FEA) @ American Federation of Teachers (AFT), Local 1974 @ National Education Association (NEA) @ American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) Oc Tiz>9

Docket for Case No: 03-000383PL
Issue Date Proceedings
Aug. 26, 2003 Order Closing File. CASE CLOSED.
Aug. 25, 2003 Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
Jun. 10, 2003 Notice of Unavailability (filed by Respondent via facsimile).
Jun. 10, 2003 Notice of Appearance (filed by L. Holland, Esquire, via facsimile).
May 29, 2003 Notice of Hearing issued (hearing set for August 26, 2003; 9:30 a.m.; Miami, FL).
May 28, 2003 Order Granting Motion to Withdraw issued. (counsel for Respondent, Leslie A. Meek, Esquire, motion to withdraw is granted)
May 27, 2003 Notice of Availability (filed by C. Whitelock via facsimile).
May 15, 2003 Order Granting Continuance issued (parties to advise status by May 23, 2003).
May 12, 2003 Respondent`s Third Motion for Continuance (filed via facsimile).
May 12, 2003 Motion to Withdraw (filed by L. Meek via facsimile).
May 02, 2003 Letter to C. Whitelock from L. Meek enclosing documents that should have been attached to the Respondent`s response to Petitioner`s request for production filed.
May 01, 2003 Order Denying Continuance issued.
Apr. 29, 2003 Respondent`s Second Motion for Continuance (filed via facsimile).
Apr. 29, 2003 Respondent`s Answers to Petitioner`s Request for Admissions (filed via facsimile).
Apr. 29, 2003 Respondent`s Response to Petitioner`s Request for Production (filed via facsimile).
Apr. 22, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 2, 2003; 9:30 a.m.; Miami, FL).
Apr. 11, 2003 Notice of Filing Answers to First Set of Interrogatories to Respondent (filed via facsimile).
Apr. 10, 2003 Re-Notice of Taking Deposition, A. Parrales (filed by Respondent via facsimile).
Apr. 10, 2003 Respondent`s Motion for Continuance (filed via facsimile).
Mar. 14, 2003 Respondent`s Request for Production (filed via facsimile).
Mar. 14, 2003 Respondent`s Notice of Service of First Interrogatories to the Petitioner (filed via facsimile).
Mar. 11, 2003 Notice of Taking Deposition, A. Parrales (filed by Respondent via facsimile).
Feb. 18, 2003 Order of Pre-hearing Instructions issued.
Feb. 18, 2003 Notice of Hearing issued (hearing set for April 28, 2003; 9:30 a.m.; Miami, FL).
Feb. 04, 2003 Initial Order issued.
Feb. 03, 2003 Election of Rights filed.
Feb. 03, 2003 Administrative Complaint filed.
Feb. 03, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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