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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs MIGLENA B. HINDES, 05-000538PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000538PL Visitors: 28
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: MIGLENA B. HINDES
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: St. Petersburg, Florida
Filed: Feb. 15, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 21, 2005.

Latest Update: Dec. 23, 2024
COFER~7 PK 2: 1g STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ° - JOHN L. WINN, as - Commissioner of Education, . Petitioner, a vs. CASE NO. 034-0169-D MIGLENA B. HINDES, TAR D CSOs d8P Respondent. / ADMINISTRATIVE COMPLAINT AUIVELNIO LHASA eee Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against MIGLENA B. HINDES. 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 897871, covering the area of English for Speakers of Other Languages, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher of English for Speakers of Other Languages at Northeast High School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about July 26, 2003, Respondent failed to follow testing procedures during the administration of the English for Speakers of Other Languages (ESOL) subject area examination, an educator certification exam. Respondent cheated on the exam by repeatedly looking at the responses of another examinee and changing her own responses. On or about September 3, 2003, the Department of Education invalidated Respondent’s exam responses. MIGLENA B. HINDES Administrative Complaint Page 2 of 2 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 1012.795(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 3: 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 45" day of (FT etos £7, 2004. Fee TOHN L. WINN, as Commissioner of Education State of Florida BL 32 Hd L- 94459

Docket for Case No: 05-000538PL
Issue Date Proceedings
Jul. 27, 2005 Notification of Cancellation of Court Reporter.
Jul. 21, 2005 Order Closing File. CASE CLOSED.
Jul. 18, 2005 Motion to Hold Case in Abeyance filed.
Jun. 03, 2005 Petitioner`s Response to Respondent`s Motion for Clarification, Disclosure of Confidential Information, and Order of Confidentiality filed.
Jun. 01, 2005 Notification of Rescheduling of Court Reporter filed.
May 24, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 23 and 24, 2005; 9:00 a.m.; St. Petersburg, FL).
May 23, 2005 Motion for Clarification, Disclosure of Confidential Information, and Order of Confidentiality filed.
May 23, 2005 Motion for Continuance filed.
May 05, 2005 Notice of Taking Deposition Duces Tecum (Dr. M. Jones, C. Orr, Ph.D. and K. Evans) filed.
May 04, 2005 Notice of Propounding Interrogatories (corrected) filed.
May 04, 2005 Notice of Propounding Interrogatories filed.
Apr. 21, 2005 Notice of Taking Deposition (5) filed.
Apr. 20, 2005 Order of Confidentiality.
Apr. 19, 2005 Stipulation for Entry of an Order of Confidentiality filed.
Apr. 19, 2005 Stipulation as to Trial Exhibit filed.
Apr. 14, 2005 Petitioner`s Response ot Respondent`s First Set of Interrogatories to Petitioner filed.
Apr. 14, 2005 Notice of Service of Petitioner`s Answers to Respondent`s First Set of Interrogatories filed.
Mar. 25, 2005 Letter in reference to Court Reporter has been Re-Scheduled filed.
Mar. 23, 2005 Petitioner`s First Request for Admissions to Respondent filed.
Mar. 23, 2005 Notice of Filing Respondent`s Response to Petitioenr`s First Request for Production of Documents filed.
Mar. 23, 2005 Notice of Filing Answers to Interrogatories (filed by Respondent).
Mar. 21, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 21 and 22, 2005; 9:00 a.m.; St. Petersburg, FL).
Mar. 17, 2005 Motion to Continue Hearing (filed by Respondent).
Mar. 01, 2005 Order of Pre-hearing Instructions.
Mar. 01, 2005 Notice of Hearing (hearing set for May 16 and 17, 2005; 9:00 a.m.; St. Petersburg, FL).
Feb. 28, 2005 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Feb. 22, 2005 Notice of Propounding Interrogatories (filed by Respondent).
Feb. 22, 2005 Notice of Respondent`s First Request to Produce filed.
Feb. 17, 2005 Petitioner`s Response to Initial Order filed.
Feb. 17, 2005 Response to Initial Order filed.
Feb. 15, 2005 Initial Order.
Feb. 15, 2005 Letter to Mr. Levine from K. Richards advising that above mentioned case has not been filed by the Department of Education with the EPC office filed.
Feb. 15, 2005 Letter to Mr. Ron from M. Levine enquiring as to whether the matter has been filed by the Department of Education with EPC filed.
Feb. 15, 2005 Letter to Mr. Levine from K. Richards advising that Education Practices Commision has received the case file filed.
Feb. 15, 2005 Notice of Appearance (filed by M. Levine, Esquire).
Feb. 15, 2005 Election of Rights filed.
Feb. 15, 2005 Administrative Complaint filed.
Feb. 15, 2005 Finding of Probable Cause filed.
Feb. 15, 2005 Notice of Appearance, Requesting a Hearing filed.
Feb. 15, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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