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JOHN WINN, AS COMMISSIONER OF EDUCATION vs MARIA C. CRUZ, 07-000179PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000179PL Visitors: 6
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: MARIA C. CRUZ
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 7, 2007.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 2 oth Po A, be @ ©, JOHN L. WINN, as Bes a <) Commissioner of Education, CED. - ce Bee, Vy Petitioner, Begun aA Poe 2 oO vs. CASE NO. 015:1377-V MARIA C, CRUZ, Respondent. . OT O 14 pL / ADMINISTRATIVE COMPLAINT Petitioner, John T.. Winn, as Commissioner of Education, files this Administrative Complaint against MARIA C. CRUZ. The Petitioncr sccks 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 l, ‘The Respondent holds Florida Educator’s Certificate 232656, covering the arca of Spanish, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Teacher al Miami Beach Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. From 1998 through 2001, Respondent misappropriated and mishandled school funds in her role as sponsor of the school booster club, in that she deposited money from other school clubs into the booster club account, failed to keep records of the account, failed to pay invoices as they became due, and altered checks and deposited them into the booster club account without authorization, Respondent’s actions resulted in approximately $69,000 flowing through the booster club account rather than the schuol internal account, with no proper accounting for the money. In August 2001, the district issued Respondent a Ictler of reprimand, required that she pay restitution to a vendor, and transferred her to another school. MARIA C, CRUZ Administrative Complaint Pape 2 of 3 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)(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. COUNT 3: 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 leaning and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 6: 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. COUNT?7: The Respondent is in vialation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information an a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) MARIA C, CRUZ Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioncr respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statules. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any ane ora combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent's authorized scope of praclice; assessing the Respondcat an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent's educator’s certificate for a period of time not to exceed five years; revoking the Respondent's educator's certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently. EXECUTED on this (34) _ day or March __, 2006. sl tl bbe as Commissioner of Education State of Morida

Docket for Case No: 07-000179PL
Issue Date Proceedings
Feb. 07, 2007 Order Closing File. CASE CLOSED.
Feb. 06, 2007 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 26, 2007 Order of Pre-hearing Instructions.
Jan. 26, 2007 Notice of Hearing (hearing set for March 21 and 22, 2007; 9:30 a.m.; Miami, FL).
Jan. 22, 2007 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Jan. 22, 2007 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Jan. 22, 2007 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Jan. 19, 2007 Joint Response to Initial Order filed.
Jan. 12, 2007 Administrative Complaint filed.
Jan. 12, 2007 Finding of Probable Cause filed.
Jan. 12, 2007 Election of Rights filed.
Jan. 12, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 12, 2007 Agency referral filed.
Jan. 12, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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