Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: SANDRA S. PAYNE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Sebring, Florida
Filed: Jan. 29, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 23, 2009.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
(036% PCL
JEANINE BLOMBERG, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 056-0568-M
SANDRA S. PAYNE,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative
Complaint against SANDRA S.PAYNE. The Petitioner seeks the appropriate disciplinary sanction.
of the Respondent’s educatot’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:
1. The Respondent holds Florida Educator’s Certificate 633340, covering the areas of
History, Social Scierice, and Exceptional Student Education, which is valid through June 30, 2009.
2. At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at Sebring High School in the Highlands County School District.
MATERIAL ALLEGATIONS
3. On or about August 18, 2005, Respondent struck D.A., an eighteen-year-old, male,
mentally disabled student, in the face with her open hand causing him to fall to the floor. On or
about August 24, 2005, Respondent was charged with one count of Abuse of Disabled Adult. On
or about October 11, 2005, the state attorney’s office nolle prossed the case.
SANDRA 8S. PAYNE
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Resporident 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 allegations of misconduct set forth herein aré 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.
(SIGNATURE ON FOLLOWING PAGE)
SANDRA S. PAYNE
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 educatcr’s certificate for
a period of time up to 10 years or permanently.
abl
EXECUTED on this 22" day of Marck. 2007.
JEANINE BLOMBERG, as
Commissioner of Education
State of Florida
Docket for Case No: 09-000506PL
Issue Date |
Proceedings |
Mar. 23, 2009 |
Order Closing File. CASE CLOSED.
|
Mar. 19, 2009 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Mar. 10, 2009 |
Respondent`s Notice of Serving Answers to Petitioner`s First Set of Interrogatories filed.
|
Mar. 10, 2009 |
Respondent`s Notice of Serving Responses to Petitioner`s Request for Production filed.
|
Mar. 09, 2009 |
Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
|
Feb. 19, 2009 |
Notice of Serving First Request for Production of Documents to Petitioner filed.
|
Feb. 19, 2009 |
Notice of Serving Interrogatories to Petitioner filed.
|
Feb. 17, 2009 |
Order of Pre-hearing Instructions.
|
Feb. 17, 2009 |
Notice of Hearing (hearing set for April 7, 2009; 9:00 a.m.; Sebring, FL).
|
Feb. 11, 2009 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Feb. 11, 2009 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Feb. 11, 2009 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Feb. 10, 2009 |
Joint Response to Initial Order filed.
|
Jan. 29, 2009 |
Initial Order.
|
Jan. 29, 2009 |
Administrative Complaint filed.
|
Jan. 29, 2009 |
Election of Rights filed.
|
Jan. 29, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jan. 29, 2009 |
Agency referral filed.
|