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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs PAULINE W. ROGERS, 07-001938PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001938PL Visitors: 5
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: PAULINE W. ROGERS
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Pensacola, Florida
Filed: May 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 19, 2007.

Latest Update: Jun. 26, 2024
STATE OF FLORIDA EDUCATION PRACTICES commasston0! Fi MAY -3 PH 3°09 JOHN L. WINN, as Commissioner of Education, Petitioner, 0) [> [ G 4 pe L VS. CASE NO. 045-2912-F PAULINE W. ROGERS, Respondent. ADMINISTRAT. OMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against PAULINE W. ROGERS. The Petitioner secks 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: JURI TION 1. The Respondent holds Florida Educator’s Certificate 541214, covering the areas of General Science and Physical Education, which is valid through June 30, 2010. 2, At all times pertinent hereto, the Respondent was employed as a Teacher at Wedgewood Middle School in the Escambia County Schoo! District. MATERI ILEGATIONS 3. On or about October 6, 2003, the Education Practices Commission (EPC) filed a Final Order accepting a Settlement Agreement between Respondent and the Commissioner of Education in Professional Practices Services (PPS) Case Number 990-1625-C (EPC Case Number 02-0638-RT). The underlying allegations in the Administrative Complaint included inappropriate handling of school funds and continued failure to properly report and account for collected monies after warnings and directives. Additionally, Respondent significantly adjusted student grades in exchange for contributions to Relay for Life. As part of the settlement, Respondent was placed on PAULINE W. ROGERS Administrative Complaint Page 2 of 3 probation for one year. Included in the terms of her probation was the requirement that Respondent violate no law, and fully comply with all district and school board regulations, school rules, and State Board of Education Rule 6B-1.006 and that she satisfactorily perform her duties in a competent, professional manner. 4. On or about January 6, 2004, Respondent signed a promissory note agreeing to pay insurance benefits she receives for work done by Dr. John C. Gilmore to him. During a time period between January 15, 2004 and April 15, 2004, Respondent received three checks from her insurance carrier intended to be used to pay for Dr. Gilmore’s services and deposited them in her personal bank account, One of the three checks presented by Respondent was made out jointly to Respondent and Dr. Gilmore. Respondent presented this check for deposit after signing her own name and forging the signature of Dr. Gilmore. On or about April 3, 2005, Respondent was arrested and charged with Forgery of a Check. The State Attorney’s Office filed information against Respondent for Forgery of a Check and Grand Theft. On or about July 13, 2005, Respondent pled nolo contendere to the charge and the court withheld adjudication of guilt. Respondent was sentenced to time served and fined $390. Respondent violated her EPC probation by her actions. T. i VE ONS COUNT 1: The Respondent is in violation of Section 1012.795(1){c), Florida Statutes, in that Respondent has becn 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. COUNT 3: The Respondent is in violation of Section 1012.795(1)(k), Florida Statutes, in that Respondent has violated an order of the Education Practices Commission. RULE VIOLATIONS COUNT 4: = 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 Respondentis in violation of Rule 6B.1006(5Xp), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scape of practice. (SIGNATURE ON FOLLOWING PAGE) PAULINE W. ROGERS 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, Petitioner 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 Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited 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 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 "Ze day of Wctvber _, 2006. (tbe JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-001938PL
Issue Date Proceedings
Jul. 19, 2007 Order Closing File. CASE CLOSED.
Jul. 05, 2007 Motion to Cancel Hearing and to Hold Case in Abeyance Pending Settlement Approval filed.
Jun. 14, 2007 Notice of Service of Answers to Respondent`s First Interrogatories filed.
Jun. 14, 2007 Response to Respondent`s First Request for Production of Documents filed.
May 24, 2007 Order of Pre-hearing Instructions.
May 24, 2007 Notice of Hearing by Video Teleconference (hearing set for July 26, 2007; 10:00 a.m., Central Time; Pensacola and Tallahassee, FL).
May 16, 2007 Notice of Service of Interrogatories filed.
May 16, 2007 Petitioner`s First Request for Production of Documents filed.
May 10, 2007 Joint Response to Initial Order filed.
May 10, 2007 Respondent`s First Request for Production of Documents filed.
May 10, 2007 Notice of Service of Interrogatories filed.
May 10, 2007 Notice of Appearance and Notice of Change of Address (filed by J. Holder).
May 04, 2007 Initial Order.
May 03, 2007 Administrative Complaint filed.
May 03, 2007 Finding of Probable Cause filed.
May 03, 2007 Election of Rights filed.
May 03, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 03, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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