Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: MAHDY GITTENS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 10, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 17, 2008.
Latest Update: Jul. 02, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
Oi Bat TPL HE WLIO AM: 3]
JEANINE BLOMBERG, as VISION OF
Commissioner of Education, AUM mera IVE
HEARINGS
_ & Perasyes Petitioner,
vs. CASE NO. 056-0075-B
MAHDY E. GITTENS,
Respondent. —
Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative
Complaint against MAHDY E. GITTENS. 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 806321, covering the area of
History, which is valid through June 30, 2008.
2. At all times pertinent hereto, the Respondent was employed as a Social Science
Teacher at Miami Coral Park Senior High School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about January 28, 2005, Respondent inappropriately removed D.M., a sixteen-
year-old, female student, from her classroom. Respondent inappropriately draped his arm around
D.M.’s shoulder and escorted her to a vacant classroom where he caressed her face and told her she
was pretty. When D.M. exited the room and returned to her classroom, Respondent followed her,
entered her classroom, and stared at her inappropriately and in front of her classmates. On or about
June 15, 2005, the district terminated Respondent from his teaching position.
The Petitioner charges:
MAHDY E. GITTENS
Administrative Complaint
Page 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)(), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
COUNT3: The Respondent is in violation of Section 1012.795(1)@), 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 learning 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement. :
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against
a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs,
marital status, handicapping condition, sexual orientation, or social and family background and shall
make reasonable effort to assure that each student is protected from harassment or discrimination.
(SIGNATURE ON FOLLOWING PAGE)
MAHDY E. GITTENS
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 petiod of time up to 10
years or permanently; or batring the Respondent from reapplying for an educator’s certificate for
a period of time up to 10 years or permanently.
EXECUTED on this \\_g day of uly , 2007.
t
‘ANINE BLOMBERG, as
Commissioner of Education
State of Florida
Docket for Case No: 08-003317PL
Issue Date |
Proceedings |
Oct. 17, 2008 |
Order Closing File. CASE CLOSED.
|
Oct. 16, 2008 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Oct. 16, 2008 |
Parties Witness/Exhibit List filed.
|
Sep. 26, 2008 |
Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
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Aug. 21, 2008 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 21, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
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Aug. 20, 2008 |
Petitioner`s Motion for Continuance of Final Hearing filed.
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Jul. 23, 2008 |
Amended Notice of Hearing by Video Teleconference (hearing set for September 19, 2008; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Miami location).
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Jul. 18, 2008 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Jul. 18, 2008 |
Notice of Petitioner`s First Request for Admissions to Respondent filed.
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Jul. 18, 2008 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Jul. 16, 2008 |
Order of Pre-hearing Instructions.
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Jul. 16, 2008 |
Notice of Hearing by Video Teleconference (hearing set for September 19, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
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Jul. 15, 2008 |
Joint Response to Initial Order filed.
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Jul. 10, 2008 |
Initial Order.
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Jul. 10, 2008 |
Administrative Complaint filed.
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Jul. 10, 2008 |
Election of Rights filed.
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Jul. 10, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jul. 10, 2008 |
Agency referral filed.
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