Elawyers Elawyers
Washington| Change

JIM HORNE, AS COMMISSIONER OF EDUCATION vs ANNA MICHELLE PABLIN ALVAREZ, 03-001124PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001124PL Visitors: 4
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: ANNA MICHELLE PABLIN ALVAREZ
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Mar. 28, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 4, 2003.

Latest Update: Jan. 11, 2025
STATE OF FLORIDA me EDUCATION PRACTICES COMMISSION Sat OSMAR 2B Pile: \2 CHARLIE CRIST, as os Commissioner of Education, nia AT c AYE F eo Petitioner, we vs. CASE NO, 012-1831-Q ANNA MICHELLE PABLIN ALVAREZ, O > . { (OY PC Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against ANNA MICHELLE PABLIN ALVAREZ. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 23 1.262 and 231.2615, Florida . Statutes, and pursuant to and Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, and said sanctions specifically set forth in Sections 231,262(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 803256, covering the area of English, which was valid through June 30, 2002, and covering the area of Speech Language Impaired, which was valid through June 30, 2000. 2. Atall times pertinent hereto, the Respondent was employed as a Langauge Arts teacher at Timber Creek High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During February 2002, Respondent engaged in inappropriate conduct with students while accompanying the cheerleading team to a state fair competition. In Respondent's presence and with Respondent's knowledge, an assistant coach, A.C., distributed Kenadrine pills to students participating in the competition. These students included B.K., whose date of birth is June 20, 1986, L.B., whose date of birth is December 24, 1984, C.F., whose date of birth is July 5, 1985, A.W., whose date of birth is August 9, 1985, A.A., whose date of birth is July 17, 1985, A.P., whose date of birth is July 1, 1985, S.P., whose date of birth is December 15, 1985, M.H., whose date of birth is January 4, 1986, S.M., whose date of birth is March 26, 1985, L.G., whose date of birth is May 9, 1985, B.L., whose date of birth is January 8, 1985, and L.R., whose date of birth is July 15, 1985. Xenedrine is an over-the-counter diet-enhancing drug which contains Ephedrine. Its bottle label specifically states that Xenedrine is not intended for use by anyone under the age of 18 years old. Respondent and A.C. also ANNA MICHELLE PABLIN ALVAREZ Administrative Complaint Page 2 of 2 instructed the students who took the pills not to tell their parents they had done so. On or about March 7, 2002, the Orange County School District issued a letter of reprimand to Respondent. She was not recommended for reappointment for the following school year. On or about March 12, 2002, Superintendent Ronald Blocker filed an administrative complaint that recommended Respondent be suspended with pay and subsequently terminated fifteen days from receipt if she did not request a hearing. 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 the 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 and/or safety. 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] 7 dayof _LDecembey __, 2002. arlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-001124PL
Issue Date Proceedings
Jun. 04, 2003 Order Closing File issued. CASE CLOSED.
May 30, 2003 Notice of Settlement (filed by Petitioner via facsimile).
May 30, 2003 Motion to Hold the Matter in Abeyance (filed by Petitioner via facsimile).
May 23, 2003 Notice of Filing (filed by K. Holbrook via facsimile).
Apr. 24, 2003 Petitioner`s Request for Production (filed via facsimile).
Apr. 24, 2003 Petitioner`s Request for Admissions to Respondent (filed via facsimile).
Apr. 24, 2003 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent (filed via facsimile).
Apr. 24, 2003 Subpoena Duces Tecum, Records Custodian Orange County School Board filed via facsimile.
Apr. 24, 2003 Notice of Production from Non-Party (filed by Petitioner via facsimile).
Apr. 08, 2003 Notice of Hearing issued (hearing set for June 2 and 3, 2003; 9:00 a.m.; Orlando, FL).
Apr. 08, 2003 Order of Pre-hearing Instructions issued.
Apr. 04, 2003 Joint Response to Court`s Initial Order (filed via facsimile).
Mar. 28, 2003 Administrative Complaint filed.
Mar. 28, 2003 Election of Rights filed.
Mar. 28, 2003 Agency referral filed.
Mar. 28, 2003 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer