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
Issue Date |
Proceedings |
Feb. 26, 2009 |
Order Closing File. CASE CLOSED.
|
Feb. 24, 2009 |
Motion to Cancel 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 23 and 24, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
|
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.
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