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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ANNA DEROSCAR, 09-000620PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000620PL Visitors: 7
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ANNA DEROSCAR
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Feb. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 26, 2009.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as O'- O00 D6 PL Commissioner of Education, Petitioner, vs. CASE NO. 056-0897-J ANNA LOUISE DEROSCAR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ANNA LOUISE DEROSCAR. 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 887118, covering the areas of English to Speakers of Other Languages and Mathematics, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Kinloch Park Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. In the fall of 1998, Respondent attended Florida Memorial College (now University). During that term, she took two classes, EDU 413 and ESO 452. At the end of the term, Respondent received a report card informing her that she earned a “B” and a “B+”, respectively, in these classes. 4. On or about October 19, 1999, Respondent’s grades in both of these classes were unlawfully increased on her transcript at Florida Memorial. ANNA LOUISE DEROSCAR Administrative Complaint Page 2 of 4 5. On or about September 14, 2000, Respondent received a copy of the illegally altered transcript. Respondent knew or should have known that the grades that had been altered were incorrect. 6. On or about January 23, 2002, Respondent received a copy of the illegally altered transcript. Respondent knew or should have known that the grades that had been altered were incorrect. 7. On or about March 11, 2002, Respondent applied for graduation from Florida Memorial based in part on the grades she knew or should have known were altered. On or about May 1, 2002, Respondent graduated from Florida Memorial. 8. After her grades were unlawfully changed, Respondent applied for a position requiring a Florida educator’s certificate with the Miami-Dade County School Board in 2002. Respondent provided the schooi board with a transcript from Florida Memorial, which she knew or should have known was altered, for the purpose of gaining employment. Respondent was in fact employed by the school board beginning in August 2002. 9. After her grades were unlawfully changed, Respondent applied for a Florida educator’s certificate from the Department of Education on or about April 1, 2002. Respondent supplied the Department with a transcript from Florida Memorial, which she knew or should have known to be altered, for the purpose of gaining certification. The Department issued Respondent . a Florida educator’s certificate on December 19, 2002. 10. In May 2002, Florida Memorial discovered that one or more persons had gained unlawful access to the college’s data base and changed students’ grades. Subsequently, an investigation found that over 120 students and former students of Florida Memorial benefitted from unauthorized grade changes. ih. By letter to Respondent dated October 23, 2002, Florida Memorial notified Respondent of the results of its investigation as to her grades. Florida Memorial specifically found that Respondent attained two grade changes illegally in an attempt to misrepresent her undergraduate record. Further, Florida Memorial found Respondent guilty of misrepresentation and academic dishonesty. Florida Memorial imposed various sanctions against Respondent, including: loss of credit in the courses where the grade was changed, revoking/rescinding her degree and barring her from re-enrolling until the fall of 2003. With the same letter, Florida Memorial provided Respondent with a corrected transcript of her grades showing no credit for the course in question and no degree. : ANNA LOUISE DEROSCAR Administrative Complaint Page 3 of 4 12, Ina letter dated October 14, 2003, the registrar of Florida Memorial provided the Department with a corrected transcript showing no credit for the classes in question and no conferral of degree. 13. In the fall of 2003, Respondent re-enrolled at Florida Memorial and graduated on December 16, 2003. To date, Respondent has failed to provide the Department with a transcript showing her new graduation date. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: _ The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: 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 3: 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 her effectiveness as an employee of the school board. COUNT 4: The Respondent is in violation of Section 1012.795(1)G), 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 COUNTS: 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. COUNT6: The Respondentis in violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented her professional qualifications. COUNT?: TheRespondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. COUNTS: The Respondentis in violation of Rule 6B.1006(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in her own or another’s application for a professional position. ANNA LOUISE DEROSCAR Administrative Complaint Page 4 of 4 COUNT8: The Respondent is in violation of Rule 6B.1006(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in her own or another’s application for a professional position. 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 périod 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 1O** day of December 2001. Commissioner of Education State of Florida

Docket for Case No: 09-000620PL
Source:  Florida - Division of Administrative Hearings

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