Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: CELESTINE BAKER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Pierce, Florida
Filed: Apr. 06, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 19, 2007.
Latest Update: Jan. 08, 2025
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JOHN L. WINN, as > =J
Comumnissioner of Education, = :
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Petitioner, ~
VS. CASE NO, 012-1832-M.
CELESTINE J. BAKER, -7
OT-ISI PL
Respondent.
ADMINISTRATIVE COMPLAINT |
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against CELESTINE J. BAKFR. ‘The Petitioner seeks the appropriate disciplinary sanction of the
Respondent’s cducator’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 !012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTI
1. The Respondent holds Florida Educator’s Certificate 745868, covering the area of
Hospital/ Homebound, which is valid through June 30, 2007.
2. At all times pertinent hercto, the Respondent was employed as a/an Emotionally
Handicapped Teacher at Westwood High School in the St. Lucie County Schoo! District.
ATERIAL ALLEGATIONS
3. During the 2000-2001 schoo! year, Respondent failed to comply with schoo! board
policy relating to the provision of hospital/homcbound services to students. Respondent submitted
completed hospital/homebound service logs and related travel reimbursement forms on which she
knowingly made false representations with the intent to defraud the school board concerning
services she in fact did not provide to students S.S. and J.A. Respondent’s false representations
included claiming hours of service to the students which she in fact did not perform and signing or
causing to be signed parent signatures on the service lugs without authorization. As a result of
Respondent's false representations, the schoo! board paid Respondent over $900.00, which
CELESTINE J. BAKER
Administrative Complaint
Page 2 of 3
Respondent was not entitled to receive. Additionally, Respondent requested that student, 8.S.,
support her assertion that services were provided as indicated on the service logs if $.S. were
contacted by the school board, when Respondent knew that all services were not provided as
indicated. Effective July 1, 2002, the school board terminated Respondent from her position.
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.
COUNT2: 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.
COUNT4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in
that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation
of the teaching certificate.
RULE VIOLATIONS
COUNTS: ‘The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a
student for personal gain or advantage.
COUNT 6: 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 7: 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.
COUNTS: The Respondent is in violation of Rule 6B.1006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on a document in connection with
professional activities.
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
CELESTINE J. BAKER
Administrative Complaint
Page 3 of 3
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s cducator’s certificate pursuant
to the authority provided in Sections 1012,795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not timited to, any one or a
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 practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for a period of timc 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 cducator’s certificate for
a period of time up to !0 years or permanently.
ye
EXECUTED on this _ 7 day of N ovembs+ , 2005,
[boil ther
JOHN L.OWINN, as
Commissioner of Education
State of Florida
Docket for Case No: 07-001591PL
Issue Date |
Proceedings |
Sep. 19, 2007 |
Order Closing File. CASE CLOSED.
|
Sep. 19, 2007 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Aug. 07, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 16 and 17, 2007; 9:30 a.m.; Fort Pierce, FL).
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Aug. 06, 2007 |
Motion for Continuance of September 25-26, 2007 Hearing filed.
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Jul. 26, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 25 and 26, 2007; 9:30 a.m.; Fort Pierce, FL).
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Jul. 24, 2007 |
Petitioner`s Motion for Continuance of Final Hearing filed.
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Jul. 06, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 30, 2007; 9:30 a.m.; Fort Pierce, FL).
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Jul. 02, 2007 |
Motion for Continuance of July 11,2007 Hearing filed.
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Jul. 02, 2007 |
Notice of Appearance (filed by F. Ford).
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Jun. 25, 2007 |
Petitioner`s Motion to Compel filed.
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Jun. 11, 2007 |
Order Granting Motion to Withdraw as Counsel and Denying Motion to Continue.
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Jun. 07, 2007 |
Petitioner`s Response to Respondent`s Motion to Withdraw as Counsel and Motion to Continue Hearing filed.
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Jun. 06, 2007 |
Motion to Withdraw as Counsel and Motion to Continue Hearing filed.
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Jun. 06, 2007 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Jun. 06, 2007 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Jun. 06, 2007 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Jun. 05, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for July 11, 2007; 9:00 a.m.; Fort Pierce, FL).
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May 07, 2007 |
Petitioner`s Motion for Continuance of Final Hearing filed.
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Apr. 27, 2007 |
Order of Pre-hearing Instructions.
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Apr. 27, 2007 |
Notice of Hearing (hearing set for June 19, 2007; 9:30 a.m.; Fort Pierce, FL).
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Apr. 18, 2007 |
Notice of Substitution of Counsel (filed by M. Herdman).
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Apr. 06, 2007 |
Administrative Complaint filed.
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Apr. 06, 2007 |
Finding of Probable Cause filed.
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Apr. 06, 2007 |
Election of Rights filed.
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Apr. 06, 2007 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Apr. 06, 2007 |
Agency referral filed.
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Apr. 06, 2007 |
Initial Order.
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