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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs EDELL LYDIA, 09-000619PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000619PL Visitors: 15
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: EDELL LYDIA
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Feb. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 11, 2009.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as (4: Ol 14 PL Commissioner of Education, Petitioner, vs. CASE NO. 034-2824-M EDELL LYDIA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against EDELL LYDIA. 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 895183, covering the area of Mathematics, which was valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Cypress Run Alternative School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about January 28, 2004, Respondent engaged in a physical altercation with G.D., another teacher. While G.D. was supervising the cafeteria, Respondent pushed her against her will and grabbed the telephone from her hands while shouting at her. On or about March 10, 2004, Respondent was arrested and charged with Battery. On or about July 7, 2005, Respondent pled no contest to the charge and the court withheld adjudication of guilt. On or about April 28, 2004, a school district official issued Respondent a letter of reprimand for his conduct. EDELL LYDIA Administrative Complaint Page 2 of 2 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)(6), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the schoo! board. 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 Cominission 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 \O™Y day or Feloruar Y_, 2006. N hoi Mle OHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 09-000619PL
Issue Date Proceedings
Mar. 11, 2009 Order Closing File. CASE CLOSED.
Mar. 09, 2009 Motion to Cnacel Hearing and to Relinquish Jurisdiction to EPC filed.
Feb. 18, 2009 Order Directing Filing of Exhibits
Feb. 18, 2009 Order of Pre-hearing Instructions.
Feb. 18, 2009 Notice of Hearing by Video Teleconference (hearing set for April 17, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Feb. 17, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Feb. 17, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Feb. 17, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Feb. 17, 2009 Unilateral Response to Initial Order filed.
Feb. 05, 2009 Initial Order.
Feb. 05, 2009 Administrative Complaint filed.
Feb. 05, 2009 Election of Rights filed.
Feb. 05, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 05, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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