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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs JOE CARRENARD, 08-004434PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004434PL Visitors: 5
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: JOE CARRENARD
Judges: PATRICIA M. HART
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 2, 2008.

Latest Update: Jan. 03, 2025
Dicueay pe STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as Commissioner of Education, Petitioner, v8. CASE NO. 045-2531-B JOE CARRENARD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against JOK CARRENARD. 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: JURISDICTION 1. ‘The Respondent holds Florida Educator’s Certificate 705989, covering the area of Mathematics, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was cmployed as a Mathematics Teacher at Miami Edison Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 9, 2004, Respondent made inappropriate comments tu J.M., a thirteen-year-old, female student. Upon being told by J.M. that she had a torn lip, Respondent told her it was because she had had “a big dick” in her mouth, or words to that effect. On or about February 9, 2005, Respondent’s principal issued him a letter of reprimand and a set of dircctives as aresult of the incident, JOE CARRENARD Administrative Complaint Page 2 of 3 The Petitioner charges: 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)(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(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 4: — The allcgations of misconduct set forth hercin 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 5: = The allegations of misconduct set forth hercin 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, marita] status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected [rom harassment or discrimination. {SIGNATURE ON FOLLOWING PAGE) JOE CARRENARD 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 tv 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 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 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 onthis_ Zl dayof DVUne 2007. Gheaneic JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-004434PL
Issue Date Proceedings
Dec. 03, 2008 Transmittal letter from Claudia Llado forwarding the Respondent`s Exhibits numbered 1 through 9, to Respondent`s counsel.
Dec. 03, 2008 Transmittal letter from Claudia Llado forwarding the Petitioner`s Exhibits numbered 1 through 20, to the Petitioner.
Dec. 02, 2008 Order Closing File. CASE CLOSED.
Dec. 02, 2008 CASE STATUS: Hearing Held.
Dec. 01, 2008 Notice of Filing Respondent`s Exhibits (exhibits not available for viewing).
Dec. 01, 2008 (Petitioner`s) Exhibit List filed.
Nov. 25, 2008 Notice of Filing Respondent`s Exhibit List filed.
Nov. 24, 2008 Subpoena Ad Testificandum (of Officer E. Joseph) filed.
Nov. 21, 2008 Agency`s court reporter confirmation letter filed with the Judge.
Nov. 18, 2008 Joint Pre-hearing Stipulation filed.
Nov. 06, 2008 Order Directing Filing of Exhibits.
Oct. 16, 2008 Respondent`s Notice of Service of Answers to Petitioner`s Request for Production filed.
Oct. 16, 2008 Notice of Service of Answers to Interrogatories filed.
Oct. 16, 2008 Respondent`s Notice of Service of Answers to Petitioner`s Request for Admissions filed.
Sep. 29, 2008 Notice of Service of Interrogatories and Request for Production filed.
Sep. 24, 2008 Notice of Hearing by Video Teleconference (hearing set for December 2, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
Sep. 24, 2008 Order of Pre-hearing Instructions.
Sep. 22, 2008 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Sep. 22, 2008 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Sep. 22, 2008 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Sep. 17, 2008 Joint Response to Initial Order filed.
Sep. 11, 2008 Initial Order.
Sep. 11, 2008 Administrative Complaint filed.
Sep. 11, 2008 Election of Rights filed.
Sep. 11, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Sep. 11, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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