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JIM HORNE, AS COMMISSIONER OF EDUCATION vs JOY R. ROBERSON, 03-003503PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-003503PL Visitors: 24
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: JOY R. ROBERSON
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Sep. 25, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 3, 2003.

Latest Update: Nov. 05, 2024
STATE OF FLORIDA yn Pers EDUCATION PRACTICES COMMISSION JIM HORNE, as Py Commissioner of Education, . “ Pee Petitioner, VS. CASE NO. 023-0069-R JOY R. ROBERSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against JOY R. ROBERSON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.795(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 827268, covering the area of Elementary Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a 3rd Grade Teacher Teacher at Twin Lakes Elementary School, in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about December 14, 2001, the Respondent consumed alcohol while on duty at school. After the principal smelled alcohol on the Respondent's person, she went to the Respondent's classroom and located a nearly empty bottle of tequila in the Respondent's desk. The principal called security. Upon their arrival, the Respondent agreed to undergo breath alcohol testing. She was escorted to a nearby health services facility, where she blew a .213 and a .250 on tests administered at half-hour intervals. On or about March 11, 2002, the Duval County school JOY R. ROBERSON Administrative Complaint 2 of 2 district issued the Respondent a letter of reprimand for unsatisfactory conduct. She was also required to attend the Wellness/Employee Assistance Program. She continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.56(2)(e), Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(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 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 health and/or safety. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 /4)_ day of issioner of Education State of Florida

Docket for Case No: 03-003503PL
Issue Date Proceedings
Dec. 03, 2003 Order Closing File. CASE CLOSED.
Dec. 02, 2003 Letter to Judge Adams from D. Hertz regarding Respondent amended election of rights (filed via facsimile).
Nov. 19, 2003 Notice of Taking Deposition (J. Roberson) filed via facsimile.
Oct. 20, 2003 Order of Pre-hearing Instructions.
Oct. 20, 2003 Notice of Hearing (hearing set for December 5, 2003; 10:00 a.m.; Jacksonville, FL).
Oct. 08, 2003 Response to Initial Order (filed by D. Hertz via facsimile).
Oct. 07, 2003 Petitioner`s Response to Initial Order (filed via facsimile).
Sep. 25, 2003 Letter to K. Richards from J. Causseaux regarding forwarding this case to the Division of Administrative Hearing filed.
Sep. 25, 2003 Administrative Complaint filed.
Sep. 25, 2003 Election of Rights filed.
Sep. 25, 2003 Agency referral filed.
Sep. 25, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

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