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JIM HORNE, AS COMMISSIONER OF EDUCATION vs ROCHELLE F. SINGLETON, 04-003925PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003925PL
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: ROCHELLE F. SINGLETON
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Palatka, Florida
Filed: Nov. 01, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 3, 2005.

Latest Update: Jul. 07, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ,, ,_.., =! PY ting JIM HORNE, as - Commissioner of Education, Petitioner, VS. CASE NO. 012-1843-C ROCHELLE F. SINGLETON, “Y ~ 3975 Ph Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against ROCHELLE F. SINGLETON. 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 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 539676, covering the areas of Early Childhood Education, Elementary Education, English to Speakers of Other Languages (ESOL), and Specific Learning Disabilities, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Gateway High School, in the Putnam County School District. MATERIAL ALLEGATIONS 3. During April, 1993, the Bureau of Professional Practices Services investigated the Respondent for an allegation of submitting fraudulent travel and time sheets. On or about July 1, 1993, the Commissioner of Education found probable cause to discipline her educator's certificate. On or about November 9, 1993, the Education Practices Commission issued a final order accepting a settlement agreement with the Respondent. The terms included a letter of reprimand, three (3) years probation and a $2000.00 fine. ROCHELLE F. SINGLETON Administrative Complaint Page 2 of 3 4, On or about February 11, 2002, during class time, a student, L.R., reported to the Respondent that he felt other students were going to beat him up. L.R. is a male student whose date of birth is January 30, 1987. Believing the Respondent would do nothing about the situation, L.R. locked himself in the classroom bathroom to protect himself. During this time, numerous male students made verbal threats toward L.R., and L.R. argued back through the bathroom door. After aperiod of fifteen to twenty minutes, the Respondent approached the door with keys to unlock it and told a group of male students with whom L.R. was arguing, “When I open this door, I want you all to go in there and beat his butt," or words to that effect. The Respondent opened the door, whereupon nine male students rushed in and attacked L.R. The students punched L.R. in the arm and nose and kicked him in the ribs and neck. After the beating, L.R. emerged from the bathroom crying, with a bloody nose and lip. The Respondent and a paraprofessional were seated at their desks. The Respondent made no effort to stop the beating, did not press the classroom “button” to call for help, and failed to provide L.R. with any assistance after the beating or notify school administrators. L.R. went to the school office for help, where administrators observed him to have bruises, contusions and cuts about the face. Next, the Respondent arrived at the school office and asked what L.R. was doing there. An administrator told the Respondent words to the effect of "He's been beaten up." The Respondent stated "No, he did this to himself," or words to that effect, and then adamantly denied to the administrator that she had allowed the students to attack L.R. Later, the Respondent and the paraprofessional also denied their involvement and their presence during the beating to law enforcement officers and the principal. The Respondent also told some of the students involved in the beating not to tell anyone what had taken place. The following day, the paraprofessional admitted to the school principal that she had lied about the incident, and that in fact she and the Respondent had been present in the classroom during the attack. The Respondent later admitted to the same. The Respondent was reported to the Putnam County Sheriff's Office for Child Neglect, but was never formally charged. She was suspended with pay pending a district investigation. On or about February 21, 2002, the superintendent of Putnam County Schools recommended that she be terminated from her position. She was suspended without pay effective February 26, 2002 and her termination is currently pending a formal hearing. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.7950) )G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. ROCHELLE F. SINGLETON Administrative Complaint Page 3 of 3 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 health and/or 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. 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 24%. day of Mas 2004. ommissioner of Education State of Florida

Docket for Case No: 04-003925PL
Issue Date Proceedings
Jan. 03, 2005 Motion to Relinquish Jurisdiction and/or Close File (filed by Petitioner).
Jan. 03, 2005 Order Closing File. CASE CLOSED.
Dec. 21, 2004 Notice of Taking Deposition filed.
Dec. 01, 2004 Petitioner`s First Request for Admissions to Respondent filed.
Dec. 01, 2004 Petitioner`s First Request for Production of Documents filed.
Nov. 16, 2004 Order of Pre-hearing Instructions.
Nov. 16, 2004 Notice of Hearing (hearing set for January 13, 2005; 10:15 a.m.; Palatka, FL).
Nov. 08, 2004 Petitioner`s Response to Initial Order filed.
Nov. 01, 2004 Letter to Ms. Richards from A. Lunningham regarding failed settlement negotiations.
Nov. 01, 2004 Finding of Probable Cause filed.
Nov. 01, 2004 Election of Rights filed.
Nov. 01, 2004 Administrative Complaint filed.
Nov. 01, 2004 Agency referral filed.
Nov. 01, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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